Permitted uses

A. The following uses are permitted on residential cluster lots within a conservation design development; all other uses are prohibited on residential cluster lots within a conservation design development:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
- (1) Single-family residential - 001.
- (2) In-law apartments - 007 (by special permit).
- (3) Customary home occupations - 008 (including taxidermy 115 by SUP).
- (4) Community residences - 009.
- (5) Family day-care homes - 010.
B. The following uses are permitted on conservation land within a conservation design development; all other uses shall be prohibited within the conservation land:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
- (1) Conservation of open land in its natural state (requires an open space management plan);
- (2) Agriculture - 10 (requires a farmland conservation easement); including field crops - 101; fruit, tree, nut and vegetable farms - 102; livestock farms, except piggeries - 103; general farms - 104; and noncommercial farms - 105. Sale of crops and related products produced on the farm is allowed on site.
- (3) Agricultural services, hunting and trapping - 11; limited to: agricultural services - 111 by SUP; animal husbandry - 112; horticultural services - 113; and hunting and trapping services - 114 by SUP.
- (4) Forestry - 12 (requires a forest management plan); including timber tracts - 121; forest nurseries and tree seed gathering and extracting - 122; and forestry services - 123 by SUP.
- (5) Outdoor public recreation, limited to: playgrounds, play fields and tot lots - 801; major parks (greater than five acres) - 802; minor parks (less than five acres) - 803; and golf courses - 806 by SUP (Golf courses may include practice driving areas and practice putting greens, but shall not include standalone driving ranges or miniature golf. Golf courses may constitute up to half of the minimum required open space land. Their parking areas and any associated structures shall not be included within the 50% minimum open space requirements, and their parking and accessways may be paved and lighted.) Outdoor public recreation also includes neighborhood open space uses such as village greens, commons, picnic areas, community gardens, trail and similar low-impact passive recreational uses, specifically excluding motorized off-road vehicles, rifle ranges and other uses similar in character and potential impact as determined by the Board. Outdoor public recreation also include active noncommercial recreation areas, such as play fields, playgrounds, courts and bikeways, provided such areas do not consume more than half of the minimum required open space land or five acres, whichever is less. Playing fields, playgrounds and courts shall not be located within 100 feet of abutting property lines. Parking facilities for the same shall also be permitted, and they shall generally be gravel-surfaced, unlighted, and properly drained; provide safe ingress and egress; and contain no more than 10 parking spaces.
- (6) Outdoor public water-based recreation - 81, limited to: boating area - 811; bathing beaches - 812; and fishing sites - 813.
- (7) Outdoor private land recreation, limited to: riding academies - 834 by SUP (Equestrian facilities may not consume more than 3/4 of the minimum required open space land.), and golf courses - 838 by SUP (Golf courses may include practice driving areas and practice putting greens, but shall not include standalone driving ranges or miniature golf. Golf courses may constitute up to half of the minimum required open space land. Their parking areas and any associated structures shall not be included within the 50% minimum open space requirement, and their parking and accessways may be paved and lighted.)
- (8) Easements for drainage, access, sewer or water lines or other public purposes.
- (9) Aboveground utility right-of-way. Aboveground utility and street right-of-way may traverse conservation areas but shall not count toward the minimum required open space land.
C. The following uses are permitted on homestead lots within a conservation design development; all other uses are prohibited on a homestead lot within a conservation design development:
- (1) Single-family residential - 001.
- (2) In-law apartments - 007 (by special use permit).
- (3) Customary home occupations - 008 (including taxidermy - 115 by SUP).
- (4) Community residence - 009.
- (5) Family day-care homes - 010.
- (6) Accessory conservation uses:
  - (a) Conservation of open land in its natural state (A conservation easement is required unless all of the lots within the development are created as homestead lots.).
  - (b) Those agricultural uses as permitted on conservation land in Subsection B(2) and (3) above.
  - (c) Those forestry uses as permitted on conservation land in Subsection B(4) above.
  - (d) Easements for public access to trails or other forms of access connecting open space land.