§ 108-42. Conservation Preservation Residential Zone (CP-R Zone).

(a)

Purpose and intent. The purpose and intent of the CP-R zone is:

(1)

To provide for the preservation of open space as a nonstructural stormwater control and watershed protection measure;

(2)

To provide a residential zoning district that promotes environmentally sensitive uses of the land;

(3)

To encourage preservation of unique or sensitive natural resources such as waterways, wetlands, groundwater, floodplains, and wildlife habitat;

(4)

To reduce erosion and sedimentation by minimizing land disturbance and removal of vegetation in residential development;

(5)

To conserve scenic views;

(6)

To exclude uses capable of negatively impacting the environment;

(7)

To limit the intensity of uses that will detract from the traditional scale and scenic quality of the district; and

(8)

To provide a residential density of approximately one dwelling unit per two acres.

(b)

Permitted uses. In the CP-R zone, the following uses only are permitted and as hereinafter specifically provided and allowed by this article:

(1)

Single-family dwellings;

(2)

Accessory buildings and structures, including private garages to accommodate not more than four cars; provided additional garage or implement shelters may be erected, maintained and used on sites of five acres or more, and provided that such structures shall not occupy any required yard space;

(3)

Private green houses, fruit trees, nut trees, vines, and other horticultural stock;

(4)

Agricultural crops, excluding commercial grown crops;

(5)

Stands for the display of agricultural products raised on the premises shall generally conform to the provisions set forth in section 108-114. Any applicable state license in addition to city occupational tax certificate shall be required;

(6)

Privately owned open space and associated passive recreational facilities and structures;

(7)

The following animals, under the following conditions: horse, provided:

a.

No horses shall be maintained on a lot or parcel containing less than two acres;

b.

No more than one horse per acre shall be maintained;

c.

All horses shall be for personal use only; and

d.

No stall or barn shall be kept or maintained within 200 feet of any window or door of any neighboring building used for human habitation nor within 300 feet of any portion of a required yard space or adjoining property if such property is devoted to a use other than agriculture and shall observe a setback of at least 50 feet from the property line;

(8)

Day nurseries where daycare is provided for not more than six children and said nursery is duly licensed;

(9)

Home occupations: home barber and beauty parlors and professional use including internet businesses;

(10)

The following signs:

a.

One unlighted sign not exceeding 12 square feet in area with a maximum of four feet per side composed of wood or faux wood may be displayed; or

b.

Signs identifying persons engaged in construction on a site shall be permitted as long as construction is in progress.

(c)

Conditional permitted uses. In the CP-P zone, the following uses may be permitted in accordance with the provisions contained in section 108-45 and if additional conditions, which may be required by the city council, are met:

(1)

Farms for the growing of commercial agricultural products;

(2)

Public utility lines, fire, or water tower, utility sub-station; or

(3)

Public dock or boathouse.

(d)

Height. No building in the CP-R zone shall exceed a height of 35 feet.

(e)

Front yard. Every lot in a CP-R zone shall have a front yard which has a depth not less than 35 feet.

(f)

Side yards. In the CP-R zone every lot shall have side yards as follows:

(1)

Lots shall have a side yard on each side of the main building which side yard has a width not less than 20 feet.

(2)

Corner lots shall have the following side yards:

a.

On the side which adjoins another lot, the side yard shall be the same as that required on any lot.

b.

On the side street the width of the required side yard shall be the same as the front yard requirement (35 feet).

(g)

Placement of buildings. Placement of buildings on any lot shall conform to the following:

(1)

Lots.

a.

No building shall occupy any portion of a required yard.

b.

Any building, any portion of which is used for human habitation, shall observe a distance from any side lot line the equivalent of the required side yard on such lot and from the rear property line a distance of 20 percent of the depth of the lot, not to exceed 50 feet.

c.

The distance between buildings used for human habitation and accessory buildings shall be a minimum of 20 feet.

d.

A non-dwelling accessory building may build to the rear lot line of the required side yard, provided if the lot rears upon an alley such accessory building shall maintain a distance of not less than ten feet from the rear lot line and may build to within 20 feet of the side lot line.

(2)

Corner lots.

a.

No building shall occupy any portion of a required yard.

b.

The distance between buildings used for human habitation and accessory buildings shall be a distance of 20 feet.

c.

Any building, any portion of which is used for human habitation, shall observe a distance from the rear property line of 20 feet.

d.

On corner lots, an accessory building may build to the rear lot line not less than ten feet from the rear line of such lot.

(h)

Area. The minimum required area of a lot in the CP-R zone shall not be less than two acres, or 87,120 square feet.

(i)

Lot area per dwelling. The lot area per dwelling unit shall be not less than the minimum required lot area.

(j)

Lot width. In the CP-R zone, every lot created after the effective date of the ordinance from which this section is derived shall maintain a width of not less than 100 feet at the rear line of the required front yard.

(k)

Permissible lot coverage. All buildings including accessory buildings and structures shall not cover more than 15 percent of the area of the lot.

(l)

Off-street parking requirements. Shall be in accordance with section 108-275.

(m)

Riparian buffer requirement. All conservation subdivisions within this district shall meet the following requirements:

(1)

An undisturbed natural vegetative buffer shall be maintained along both banks of streams and along all impoundments, as measured from the top of the bank of the width of at least 75 feet, and a minimum width of 50 feet. All land disturbing activity is prohibited within the buffer unless a variance is granted in accordance with city codes.

(2)

A minimum setback of 200 feet must be maintained for individual sewage disposal systems on lots adjacent to streams and wetlands as defined above and be permitted by the health department.

(n)

Site analysis map requirement. Concurrent with the submission of a site sketch plan, as outlined in the city subdivision regulations, codified as chapter 114, a site analysis map shall be submitted. The purpose of the site analysis map is to ensure that the important site features have been adequately identified prior to the creation of the site design. The preliminary site analysis map shall include the following features:

(1)

Property boundaries;

(2)

All streams, rivers, lakes, wetlands and other hydrologic features;

(3)

Topographic contours of no less than two-foot intervals;

(4)

General site hydrology;

(5)

Tree survey including all trees with a diameter at breast height of six inches;

(6)

General soil types;

(7)

Existing roads and structures;

(8)

Riparian buffers; and

(9)

Critical habitat, archeological and historical sites.

(o)

Single-family residential standards. All single-family residences must meet the following standards in the CP-R district:

(1)

All structures including the primary structure and accessory structures shall be constructed with a pitched roof having a pitch of three in 12 or greater.

(2)

The roof shall be covered with asphalt composition shingles, metal roofing, or tile materials. Plastic panels are prohibited unless a part of a solar panel.

(3)

The exterior wall shall be material similar to traditional site-built housing. These materials may include clapboards, simulated clapboards such as conventional vinyl or metal siding, wood shingles, shakes, stucco, brick, brick veneer, concrete block, or similar materials, but shall not include smooth, ribbed or plastic panels.

(4)

The minimum horizontal dimension of the structure shall be 24 feet.

(5)

The minimum floor area shall be 1,600 square feet.

(6)

All principal structures shall be placed on a permanent foundation. For the purposes of this section, a permanent foundation shall mean a concrete slab, concrete footers, foundation wall, piling or post construction which complies with the city building code.

(7)

All structures must meet wind loading requirements of the Federal Emergency Management Agency and the ICC-IBC and IRC codes.

(Code 2004, § 152.038; Ord. No. 1708, 8-28-2017)