§ 29-121. A-R agricultural-residential district.
(a)
General description and intent. The A-R district is intended to provide a smooth transition between areas which are low density or rural in nature and newly urbanizing areas, allowing flexibility adequate to permit reasonable land use types typically found in the urban fringe. Areas zoned A-R are generally done so at the request of the property owner. The city's animal control ordinance, where in conflict with this section, shall not apply in this district.
(b)
Permitted uses. The following uses are permitted in this district:
(1)
Single-family residences, together with the usual accessory uses.
(2)
Guest house, when developed in accordance with this section.
(3)
Agricultural and forestry uses existing/developed in accordance with this section and limited to the following: Field crop farms; fishery; forest; fruit, tree, and vegetable farm; hay baling, together with the operation of any machinery or vehicles incidental to the above uses; provided that the permitted agricultural pursuits are conducted in accordance with good practice so as not to be deemed a nuisance.
(4)
Animal husbandry uses existing/developed in accordance with this section and limited to the following: Animal farms for show, breeding and training; farms with unconfined livestock; horse training services; animal hospitals and veterinarian's treatment area.
(5)
Governmental or private recreational uses, including but not limited to golf courses but not including miniature golf, driving range, or any forms of commercial amusement; tennis courts; swimming pools; playgrounds; day camps; and passive recreational open space.
(6)
Plant nursery when developed for the property owner's off-premise sales as long as the property owner also occupies the property.
(7)
Bed and breakfast, expanded.
(8)
Bed and breakfast, limited.
(9)
Home occupations.
(10)
Public protection and utility facilities having requirements for specific locations or are needed to serve residential neighborhoods or other local areas, limited to police protection; fire protection; facilities of public service corporations such as electric regulating station, pressure control station, and communication and utility transmission line rights-of-way.
(c)
Uses permitted upon review and approval of the planning commission. The planning commission may impose special conditions relating to such consideration as the site plan, screening, or parking as a condition for approval of the following uses or any other uses it deems appropriate for the protection of the public health, safety and welfare:
(1)
Riding academy (equestrian) or commercial stable.
(2)
Plant nurseries and greenhouses of a retail/wholesale nature.
(3)
Kennels.
(4)
Bed and breakfast facilities.
(5)
Elementary, junior high and senior high schools.
(6)
Cemetery.
(7)
Private equestrian clubs not accessible by the general public.
(8)
Structures incidental to permitted uses exceeding the maximum height allowed in the district.
(9)
Other uses deemed appropriate in the opinion of the planning commission, which conform to the basic intent of this district, and which can be demonstrated to be equal to or less intense than other permitted uses in this district.
(10)
Day care family home.
(d)
Development criteria. Except as provided for in the bulk and area provisions of this section, the following development criteria shall apply.
(1)
Nothing in this section shall prevent the property owner from developing a single-family residence on a land parcel in conjunction with the following permitted uses/uses permitted on review as long as these uses and the residence are developed in accordance with this section: Agricultural/forestry, animal husbandry, plant nursery, kennel, or riding academy. Single-family residences developed under this section as a use in conjunction with the uses specified must be occupied by the property owner or an employee acting as foreman, operations manager, or security personnel of the second use being conducted on the site.
(2)
One (1) guest house may be placed on a land parcel with one (1) single-family dwelling which is the primary residence. A guest house is a site-built, self-contained living unit in a detached structure subordinate in both land coverage and gross floor area to the principle dwelling on the lot. Mobile homes or manufactured or modular housing are not permitted as guest houses. Metal structures of any type built and intended for residential storage purposes are not permitted as guest houses and cannot be modified for such.
(3)
Owners of properties which remain in the agricultural uses listed in (b)(3) of this section are permitted on-premises sales of products on the land. On-premises sales shall be limited to agricultural products produced on the owner's farm or garden. Sales facilities for such on-premises sales shall be limited to two hundred (200) square feet of floor area per one (1) acre of land area, not to exceed two thousand (2,000) square feet total floor area. All sales must be in accordance with any health department requirements.
(4)
Unconfined livestock are permitted in the A-R zone at the rate of one (1) animal per one-half (½) acre of land area. Unconfined livestock means cattle, sheep, goats, and similar animals not confined within a pen, house, barn, or shed. Nothing in this section shall prevent the provision of shelter for said animals during inclement weather or other special purposes as long as developed in accordance with the bulk and area provisions of this section.
(5)
Trash dumping or junkyards are specifically prohibited.
(6)
Off-premises outdoor advertising is prohibited.
(e)
Height, area, and structure regulations. The following height, area, and structure regulations shall apply to this district:
(1)
Height regulations. The maximum height for structures in this district may not exceed two and one-half (2½) stories. The height shall be measured from the finished floor level (FFL).
(2)
Bulk and area regulations.
a.
Lot size. The minimum lot size shall be five (5) acres. At the time the application requesting A-R zoning is submitted, the tract of land to be so designated shall be under one (1) legal description and on record at the Jefferson County Court House as a single land parcel.
b.
Lot width. Minimum lot width shall be three hundred (300) feet.
c.
Lot depth. Minimum lot depth shall be three hundred (300) feet.
d.
Lot coverage. The main building and all accessory structures in the A-R district shall not occupy more than twenty-five (25) percent of the total areas of the tract.
e.
Lots having double frontage. The front yard of lots having double frontage shall be determined as being on the street from which the property takes access, or in the case of double access, shall be determined by the zoning official.
f.
Lots abutting freeways and expressways. Any structure constructed on property abutting any freeway or expressway shall be setback a minimum of fifty (50) feet from the freeway or expressway right-of-way line.
g.
Front yard setback (measured from the center of the road).
1.
When abutting arterial streets except freeways and expressways, ninety (90) feet.
2.
When abutting collector streets, seventy (70) feet.
3.
When abutting local service streets, fifty-five (55) feet.
h.
Side yard setback.
1.
Except for single-family residences, there shall be a side yard on both sides of the building of thirty (30) feet from each side property line to the side of the building.
2.
Single-family residences shall have side yards, measured from the property line, of ten (10) feet for an interior side yard and twenty-five feet (25) on a corner (street-side) side yard.
i.
Rear yard setback.
1.
Except for single-family residences, there shall be a rear yard depth of fifty (50) feet from the rear property line to the rear of any building.
2.
Single-family residences shall have a rear yard of twenty-five (25) feet.
j.
Fencing. When fencing is constructed along freeways, expressways, or other arterial streets for the purpose of containing any animal within a specified tract of land in an A-R district, said fence must be constructed to a height and of materials to insure the safe containment of said animal(s) within the tract.
(3)
Parking requirements. Parking shall be provided in accordance with provisions of article V, division 2. No storage of farm machinery or other non-residential vehicles or equipment is permitted within the front yard setback or freeway or expressway setback. Said machinery, equipment, and non-residential vehicles must be stored so as to not present the appearance of a salvage or junk yard.
(4)
Future development. Since the A-R district is designed to provide a smooth transition between areas which are low density or rural in nature and newly urbanizing areas, it is expected that in the future, tracts of land designated A-R will be developed into more urban uses. At the time the property owner of A-R designated land initiates redevelopment of the land into parcels smaller than required in the A-R district, the property must be rezoned to a classification that will support the proposed uses. Uses permitted or designated as uses permitted on review under A-R zoning that are not permitted or are not UPOR's in the proposed zone will be considered as nonconforming uses. At the time the A-R district is rezoned to a different district, the city's animal control ordinance will apply.
(Ord. No. 5879, § 1, 5-1-00; Ord. No. 6092, §§ 2A—C, 6-7-04; Ord. No. 6350, §§ 5, 6, 4-18-11)