AN ORDINANCE AMENDING THE FOXFIRE VILLAGE ZONING ORDINANCE BY ADDING A NEW SECTION 7.12 RURAL ESTATE ZONING DISTRICT (RE) #

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1 AN ORDINANCE AMENDING THE FOXFIRE VILLAGE ZONING ORDINANCE BY ADDING A NEW SECTION 7.12 RURAL ESTATE ZONING DISTRICT (RE) # THE FOXFIRE VILLAGE COUNCIL ORDAINS: Section 1. Article VII of the Foxfire Village Zoning Ordinance is hereby amended to add a new section 7.12 Rural Estate Zoning District (RE), to read as follows: Intent The RE Rural Estate district is established to provide areas where the principal use of land is for low-density rural and residential development. The district allows for a limited number of animals and specific agricultural activities pertinent to the intended uses while maintaining the character of Foxfire Village. This district is exempt from the paving requirements of Section 5.12 (6.13) in that paving of streets and roads is not required. All other requirements of Section 5.12 (6.13) will apply. In this district it is the individual lot owners responsibility to install and pay for the installation of all utilities Permitted Uses A. One Single-family residence (stick built or modular) per lot B. Raising of agricultural crops provided this area accounts for not more than 40% of the square footage of the lot. Per , gardens and crops may encroach 25 feet into the side and rear set back areas but they may not encroach into the front setback. C. Housing of farm animals as set out in Section 4-10 with one additional horse allowed for each additional two acres of contiguous property under the same ownership or control. D. Raising or keeping of rabbits or fowl, subject to a maximum of thirty such animals, not more than two of which may be roosters. E. Swimming pool at grade level. F. Wells and pump houses for the water supply Uses Permitted with Conditions

2 A. Home occupations B. Churches C. Country Clubs D. Golf Courses E. Schools F. Nursing homes or assisted living facilities Lot Provisions The minimum lot area in this district shall be six (6) acres Lot Width Not applicable Setbacks Setback minimums shall be as follows. Setbacks apply to both main and accessory buildings. Front: 50 feet. If the setback exceeds the minimum, the setback shall approximate the adjoining residences. Side: 50 feet Rear: 50 feet Setbacks that abut a public or private street shall have the same minimum setback as the front yard Building area Single story residences: One and onehalf story: The minimum heated living area under roof shall be 1,800 square feet, exclusive of garages, screened and unscreened porches, and unheated utility spaces. The minimum heated living area under roof shall be 1,800 square feet, exclusive of garages, screened and unscreened porches, and unheated utility spaces. The first or main floor shall be a minimum of 1,500 square feet of the total area. Two-story building: The minimum heated living area under roof shall be 1,800 square feet, exclusive of garages, screened and unscreened porches, and unheated utility spaces. The first or main floor shall be a minimum of 1,500 square feet of the total area.

3 Garage: All residences shall have a two-car attached garage with minimum rectangular interior dimensions of 22 feet x 24 feet Lot Coverage For single-family residential use the total built-upon area shall not exceed twenty percent of the total lot area. Other uses within this district shall meet the requirements of the Water Supply Watershed Overlay District, Section 6.10 [7.10] Encroachments Balconies, stoops, stairs, chimneys, bay windows, roof overhangs and raised doorways shall not be permitted to extend into the required setback. Open decks and patios may extend fifteen (15) feet into the rear yard setback. Side yards abutting a street shall be treated as described above. Gardens and crops may not encroach into the front setback area but may extend twenty-five (25) feet into the side and rear setbacks Building Height The maximum height shall be forty (40) feet unless the depth of the front, side, and rear yards are each increased two (2) feet for each one (1) foot increase in the building height in excess of forty (40) feet. The vertical distance shall be measured from the average elevation of the finished grade at the front of the building to the highest point of the building. Spires, cupolas, and chimneys shall not be included in the building height. In no event shall any building exceed fifty (50) feet in height Accessory Buildings A. The following uses are permitted: 1. Stable or barn 2. Storage buildings 3. Run-in shed 4. Pool house 5. Greenhouse 6. Tool shed

4 7. Detached guest quarters not to exceed fifty percent (50%) of the square footage of the main residence. 8. Detached garage B. No accessory building shall be built upon a lot until the construction of a main building has commenced. C. Accessory building shall not be rented or used for gain. D. Guest quarters shall not be permitted unless a primary residence exists. E. Only one detached guest quarter is allowed. F. No trailer, mobile or manufactured home shall be allowed on any lot, except during the active construction of a permitted structure. This prohibition does not apply to farm or horse trailers. G. Fences shall not exceed sixty (60) inches in height. All fencing on any lot shall be wood or material simulating wood, in natural or dark stained finish. No fencing shall obstruct any access easement or reserved utility easement. H. No travel trailers, recreational vehicles, boats, buses, and commercial vehicles or trailers shall be regularly parked or stored on any private or public road, or on any lot except in a garage, or in the rear yard. All such vehicles must be appropriately screened so any neighbor cannot see the conveyance from their residence during maximum visibility. I. Building exteriors shall be of a material and color to blend with the main buildings and surroundings and be aesthetically compatible with the main building. J. Flat roofs are not permitted K. Accessory buildings shall be located between the setback lines and the main building. L. Accessory buildings shall not be located in the front yard. M. Accessory buildings located on a corner lot shall not be located in the portion of the yard adjacent to the street. N. Accessory buildings shall not be attached to the main building.

5 O. Property owner shall be responsible for controlling odor, insects, animal waste and runoff caused or affected by the keeping of animals on said property Accessory uses A. Swimming pools. Pools shall meet the requirements of Section 5.15 (6.15). B. Antennas. Antennas shall meet the requirements of Section 5.18 (6.19) Site Design Standards Site design shall, as a minimum, meet the following requirements: A. Street setbacks shall approximately align with neighboring structures. B. Buildings on sites with steep topography shall be designed to avoid extremely high foundations. C. Primary structures shall be oriented toward the street. D. HVAC equipment shall be located to minimize negative appearance and noise impacts, particularly on neighboring properties. E. Sites shall be graded to maintain original flow patterns and to drain away from all elevations on structures. F. Landscaping shall meet the requirements of Section 6.23 [6.24] Architectural Standards Building design shall, as a minimum, meet the following requirements: A. Style of buildings shall be compatible with the terrain, vegetation, site area, natural and finished grades, and other building materials utilized in nearby buildings. B. Roof style, material, color and pitch shall be compatible with the architectural design of the building. Flat roofs are discouraged, although they may be used for connecting elements when compatible with the overall design. Minimum roof pitch shall be 5 in 12 and shall project from the walls a minimum of twelve (12) inches. C. Roof stacks, plumbing vents, attic ventilators and similar equipment placed on the roof shall not be visible from the street.

6 D. Solar panels mounted parallel to the roof shall be located so they are not visible from the street. E. Foundations shall include brick on the exposed surface. Parged concrete block is not permitted. F. High foundation walls should be avoided. Site shall be graded to avoid this condition. G. "Synthetic stucco" for exterior walls is not permitted. H. Natural materials are preferred for exterior walls. The exterior colors shall be compatible with the architectural character of the building and the immediate neighborhood. The following materials shall not be used: concrete block, asphalt shingles, glass block except for decorative purposes, corrugated metal or fiberglass sheeting. I. Chimneys shall be constructed of masonry materials or of the same material and color as the walls of the structure. Chimney shall extend to the ground on its own foundation. J. Building materials with glass or reflective finishes are discouraged. K. Roof stacks, flashing, vents, exhaust stacks, [and] chimney caps shall harmonize with the roof color. L. Cleanouts shall be earth tone and extend no more than six (6) inches above grade. M. Decks and porches more than three [feet] above grade shall be screened with shrubbery and/or lattice. N. When the deck is more than eighteen inches above grade, wood support columns shall be a minimum of six by six (6 x 6) inches and be treated lumber. Steel columns may be used. O. If awnings are used they shall be compatible with the design of the building. P. Digital satellite receivers shall be located so they are not visible from the street. The preferred location is on the structure. Q. Walks shall be constructed of a hard surface such as brick or concrete. R. HVAC equipment, pool equipment, accessory structures, [and] propane tanks shall be screened from view of the street of [or] golf course with landscaping or lattice.

7 S. Lots on heavily traveled roads shall have a driveway turnaround when feasible. T. Entrance to garage shall face the side or rear when feasible Reserved Subdivision Provisions Any subdivision in this district shall meet the requirements of General Code relating thereto. Section 6. This ordinance shall become effective upon adoption. Adopted this 8 th day of April, 2014 ATEST: Lisa A. Kivett, CMC Village Clerk George Erickson Mayor

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