§ 5.20. OS Open Space Zone.  


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  • 5.20.01. General description. This open space preservation zone is established to provide areas in which the principal use of land is devoted to open space and/or the preservation and protection of park and recreation lands, wilderness areas, beach and shoreline areas, scenic routes, wild and scenic rivers, historical and archeological sites, watersheds and water supply areas, hiking, cycling and equestrian trails and fish and wildlife and their habitats. Property classified under this zone shall meet the criteria set forth in the open space plan approved by the county, and only property so zoned shall be considered as open space for the purposes of property assessment under the Agricultural, Forest and Open Space Land Act of 1976, provided the other conditions for inclusion under the act are satisfied.

    5.20.02. Uses permitted.

    A.

    The following agricultural uses: horticulture, floriculture, forests and woods and home gardens, but not dairying, the commercial raising and maintaining of poultry and other livestock, feed lots, the raising of fur bearing animals, fish or minnow hatcheries, riding academies, livery or boarding stables or dog kennels.

    B.

    Houses.

    C.

    Park and recreation uses including: parks, playgrounds, golf courses, cycling, hiking and equestrian trails, parkways, country clubs (excluding primary and accessory structures) hunting preserves, camps and resorts, fishing lakes, scenic routes and wild or scenic river or streams.

    D.

    Conservation areas including: watershed protection areas, public water supply points, lakes and reservoirs, wildlife management areas and significant natural areas.

    E.

    Historic and archeological areas.

    F.

    Home occupation subject to section 4.90, "Home occupations."

    G.

    Accessory uses incidental to the primary use of the property when located on the same lot including parking of not more than two (2) commercial vehicles and/or trailers used by the residents in their home occupation.

    H.

    Demolition landfills less than one (1) acre in size subject to article 4, "Supplementary regulations", subsection 4.80.01.A, "Demolition landfills" (on site generated waste).

    I.

    Yard sales and rummage sales.

    J.

    Wireless communications facilities, subject to the provisions of article 4, section 4.92.

    5.20.03. Uses permitted on review.

    A.

    Duplexes and multi-dwelling structures or developments at a gross density of not more than twelve (12) units per acre.

    B.

    Marinas and boat liveries, subject to the standards of section 4.30, "Standards for marina and boat livery development," of these regulations.

    5.20.04. Area regulations. All buildings shall be set back from the street right-of-way lines and property lines to comply with the following yard requirements.

    5.20.05. Front yard. The minimum depth of the front yard shall be fifty (50) feet.

    5.20.06. Side yard. For single-story main and accessory structures side yards shall be not less than twenty (20) feet and an additional four (4) feet shall be provided on each side yard for each additional story, or part thereof, for structures exceeding one (1) story.

    5.20.07. Rear yard.

    A.

    There shall be a rear yard for main buildings of not less than fifty (50) feet.

    B.

    Unattached buildings of accessory use shall not be located closer to any rear lot line than twenty (20) feet.

    5.20.08. Lot width. No lot shall be less than two hundred (200) feet wide at the front building line.

    5.20.09. Intensity of use. No parcel of land shall be reduced in area to provide separate lots or building sites containing less than three (3) acres.

    5.20.10. Maximum lot coverage. All manmade structures or features, excluding earthwork which has been seeded or otherwise returned to its natural condition, shall cover not more than five (5) percent of the lot area.

    5.20.11. Height regulations. No manmade structure or feature shall exceed two and one-half (2 ½) stories or thirty-five (35) feet in height, except as provided in subsection 3.20.03, "Height" (exceptions).

    5.20.12. Off-street parking. As regulated in section 3.50, "Off-street parking requirements," of these regulations.

    5.20.13. Administration. Any request for development for other than one (1) house on the site shall require site plan approval by MPC through the use-on-review process.

(Ord. No. O-99-9-101, § 1, 10-25-99; Ord. No. O-06-7-101, § 1(Exh. A), 8-28-06; Ord. No. O-12-9-102, § 1(Exh. A), 10-22-12; Ord. No. O-17-10-101, § 1(Exh. A), 11-20-17 )