Article II - Zoning District Regulations
Subpart A. General Use Zoning Districts
§42-23.
  General Use Zoning Districts
General Use Zoning Districts are created to provide comprehensive land use regulations throughout the jurisdiction
of this Chapter. There are thirteen (13) general use zoning districts (listed below) that provide for a variety of uses
that are appropriate to the character of the individual districts throughout the jurisdiction of this Chapter. Within the
general use districts indicated on the Official Zoning Map, no structure or land shall be used and no structure shall
be erected or altered which is intended or designed to be used in whole or in part for any use other than those listed
as permitted for that district in this Article. 
(1)
Residential District One (R1)
(2)
Residential District Two (R2)
(3)
Residential District Two Rural (R2R)
(4)
Residential District Three (R3)
 
(5)
Residential District Four (R4)
(6)
Office Institutional District (OI)
 
(7)
Local Commercial District (LC)
(8)
Community Commercial District (CC)
(9)
Regional Commercial District (RC) 
(10)
Industrial District (I)
(11)
Estate Residential District (R-40)
(12)
Surface Water District (SW)
(13)
Waterfront Residential District (WR)
§42-24.
  General Use District Requirements
The General Use Districts established above shall comply with the general and specific requirements of this Chapter,
and in particular shall comply with the following standards and requirements:
A.
Principal Use. See §42-10 (Principal Use).
B.
Density and Dimensional Requirements. See §42-27 through §42-39 (Density and Dimensional
Requirements).
C.
Reduction of Front Yard Setbacks. See §42-300 (Exemptions and Modifications from Regulations) A
(Reduction of Front Yard Setbacks).
D.
Uses. See §42-62 (Table of Permitted and Special Uses).
E.
Supplemental Use Requirements. See §42-63 (Supplemental Requirements to the Table of Permitted and
Special Uses).
F.
Accessory Uses and Structures. See §42-63 (Supplemental Requirements to the Table of Permitted and
Special Uses), subsection 2 (Accessory Uses) and subsection 3 (Accessory Structures).
G.
Subdivision Approval. See Article III (Subdivision Regulations).
H.
Traffic Impact Study and Emergency Services Impact Report. See Article IV (Adequate Public Facilities
Regulations).
I.
Landscaping and Buffering. See Article V (Landscape Design Standards).
J.
Parking and Loading. See Article VI (Off-Street Parking and Loading Standards).
K.
Signage. See Article VII (Sign Regulations).
L.
Permitting Procedures. See Article XI (Review Processes and Procedures).
§42-25.
  General Use Density and Dimensional Requirements
Each use shall, at a minimum, conform to the density and dimensional requirements of the general use district in
which it is located. In some cases a specific use may be required to meet the Supplemental Requirements as set forth
  
in §42-63 (Supplemental Requirements to the Table of Permitted and Special Uses). Sections 42-27 through 42-39
list the density and dimensional requirements for each respective zoning district.
§42-26.
  Guide to Table of Permitted and Special Uses
A.
Table of Permitted and Special Uses. The Table of Permitted and Special Uses (see §42-62) contains a
listing of uses which may be permitted in one or more of the various Zoning Districts established by this
Chapter. Uses are listed in alphabetical order in 13 functional categories. The categories in the order of
listing are:
(1)
Residential Uses
(2)
Accessory Uses
(3)
Accessory Structures
(4)
Recreational Uses
(5)
Educational and Institutional Uses
(6)
Business, Professional and Personal Services
(7)
Retail Trade
(8)
Wholesale Trade
(9)
Transportation, Warehousing, and Utilities
(10) Manufacturing and Industrial Facilities
(11) Temporary Uses
(12) Temporary Structures
(13) Agricultural Uses
B.
Entries. The District(s) in which a particular listed use may be permitted is indicated by a "P" or "S" in the
column(s) opposite the listed use.
C.
Meaning of Entries. The meaning of the entries in the Table are as follows:
1.
"P" indicates the use is permitted by right and a zoning permit may be obtained.
2.
"S" indicates the use requires approval of a Special Use Permit in accordance with the procedures
of §42-356 (Special Use Permits). 
3.
The column on the far right labeled "SR" (Supplemental Requirements) means that there are
special additional performance requirements that the use must comply with in its development.
These requirements are contained in §42-63 (Supplemental Requirements to the Table of
Permitted and Special Uses). For any use subject to a Supplemental Requirement, the
Supplemental Requirement shall represent the minimum conditions for issuance of a Zoning
Permit or a Special Use Permit.
§42-27.
  Residential District One (R1)
A.
Purpose. The purpose of Residential District One (R1) is to foster orderly growth where the principal use
of land is residential. The intent of this district is to allow for medium to high-density residential
development consistent with the recommendations of the Comprehensive Plan. This general use district is
typically meant to be utilized in areas designated as Urban (USA) in the Comprehensive Plan.
B.
Density and Dimensional Requirements. Each use allowed in this district shall, at a minimum, conform to
the following requirements (in the case of a nonresidential use the residential density requirements shall not
apply). In some cases a specific use may be required to meet the Supplemental Requirements as set forth in
§42-63 (Supplemental Requirements). 
Table 2.1. R1 Density and Dimensional Requirements
(1) Residential Density (units/acre)
(2) Standard 
4
(3) Intermediate
8
(4) Maximum 
16
  
(5)Yard Setbacks (feet)
Front or Right-of-Way (ROW)
Local
15
Collector
20
Thoroughfare
35
Boulevard
50
Expressway
60
Freeway
90
Side
10
Rear
10
(6) Maximum Height (feet)
40
(1)
Residential density shall be calculated utilizing the entire acreage of a tract of land. Under this
scenario, residential density shall be determined based on the following formula:
Lot size x allowable units per acre = permitted dwelling units
The following example assumes a 5 acre tract with an allowable density of 4
units/acre:
5 acres x 4 units per acre = 20 permitted dwelling units
The maximum residential density for portions of the tract with a slope of 60 percent or greater
(where such slope areas of the tract account for ten (10) percent or more of the tract) shall be one-
half (½) the eligible density.
(2)
Standard residential density shall be applied:
a.
On a lot existing at the time of the initial adoption of this Chapter, where there is not
adequate area to comply with the applicable standard residential density requirement;
b.
To single-family residential uses; and
c.
To multifamily residential uses with fewer than five (5) units.
(3)
Intermediate residential density shall be available when individual dwellings would be served by
both: (1) a municipal
water supply system
and (2) a sewage disposal system
(of the following
types: municipal, approved public, or approved community) which meet the requirements of
applicable local or state authorities having jurisdiction thereof.
(4)
Maximum residential density shall be available to applicants proposing five (5) or more dwellings
in any combination of the following unit types (duplexes, triplexes, quadraplexes and multifamily
dwellings with five (5) or more units and specifically excluding single-family units) where: 
a.
A total of at least five (5) units would be permitted by standard residential density, and
b.
Such dwellings are generally served by both: (1) a municipal water supply system and (2)
a sewage disposal system (of the following types: municipal, approved public, or
approved community) which meet the requirements of the local or State authorities. 
(5)
Accessory structures shall be located in side or rear yards and shall be setback a minimum of five
(5) feet from any property line.
(6)
Maximum height may be exceeded in multifamily developments as detailed in §42-63
(Supplemental Requirements) SR 1.6. (Dwelling, Multifamily, Five (5) or More Units), provided
such developments do not exceed 50 feet in height.
§42-28.
  Residential District Two (R2)
A.
Purpose. The purpose of Residential District Two (R2) is to foster orderly growth where the principal
use of land is residential. The intent of this district is to allow for low to medium density residential
development consistent with the recommendations of the Comprehensive Plan. It is also the intent of
this district to allow for flexibility in the continuation of existing nonresidential uses. This general use
district is typically meant to be utilized in areas designated as Transitional (RTA) in the
Comprehensive Plan.
  
B.
Density and Dimensional Requirements. Each use allowed in this district shall, at a minimum, conform
to the following density and dimensional requirements (in the case of a nonresidential use the
residential density requirements shall not apply). In some cases a specific use may be required to meet
the Supplemental Requirements as set forth in §42-63 (Supplemental Requirements).
Table 2.2. R2 Density and Dimensional Requirements
(1) Residential Density (units/acre)
(2) Standard 
1
(3) Maximum 
2
(4) Yard Setbacks (feet)
Front or ROW
Local
15
Collector
20
Thoroughfare
35
Boulevard
50
Expressway
60
Freeway
90
Side
10
Rear
10
(5) Maximum Height (feet) 
40
(1)
Residential density shall be calculated utilizing the entire acreage of a tract of land. Under this
scenario, residential density shall be determined based on the following formula:
Lot size x allowable units per acre = permitted dwelling units
The following example assumes a 5 acre tract with an allowable density of 1
unit/acre:
5 acres x 1 unit per acre = 5 permitted dwelling units
The maximum residential density for portions of the tract with a slope of 60 percent or greater
(where such slope areas of the tract account for ten (10) percent or more of the tract) shall be one-
half (½) the eligible density.
(2)
Standard residential density shall be applied:
a.
On a lot existing at the time of the initial adoption of this Chapter, where there is not
adequate area to comply with the applicable standard residential density requirement;
b.
To single-family residential uses; and
c.
To multifamily residential uses with fewer than five (5) units. 
(3)
Maximum residential density shall be available to applicants proposing five (5) or more dwellings
in any combination of the following unit types (duplexes and triplexes and specifically excluding
single-family units) where:
a.
A total of at least five (5) units would be permitted by standard residential density, and 
b.
Such dwellings are generally served by both: (1) a public water supply system and (2) a
sewage disposal system (of the following types: municipal, approved public, or approved
community) which meet the requirements of the local or State authorities having
jurisdiction thereof.
(4)
Accessory structures shall be located in side or rear yards and shall be setback a minimum of five
(5) feet from any property line.
(5)
Maximum height may be exceeded in multifamily developments as detailed in §42-63
(Supplemental Requirements) SR 1.6. (Dwelling, Multifamily, Five (5) or More Units), provided
such developments do not exceed 50 feet in height.
§42-29.
  Residential District Two Rural (R2R)
  
A.
Purpose. The purpose of Residential District Two Rural (R2R) is to foster orderly growth where the
principal use of land is residential. The intent of this district is to allow for low to medium density
residential development and rural commercial and light industrial development consistent with the
recommendations of the Comprehensive Plan. This general use district is typically meant to be utilized in
areas designated as Transitional (RTA) in the Comprehensive Plan.
B.
Density and Dimensional Requirements. Each use allowed in this district shall, at a minimum, conform
to the following requirements (in the case of a nonresidential use the residential density requirements shall
not apply). In some cases a specific use may be required to meet the Supplemental Requirements as set
forth in §42-63 (Supplemental Requirements).
Table 2.3. R2R Density and Dimensional Requirements
(1) Residential Density (units/acre)
(2) Standard 
1
(3) Maximum 
2
(4) Yard Setbacks (feet)
Front or ROW
Local
15
Collector
20
Thoroughfare
35
Boulevard
50
Expressway
60
Freeway
90
Side
10
Rear
10
(5) Maximum Height (feet) 
40
(1)
Residential density shall be calculated utilizing the entire acreage of a tract of land. Under this
scenario, residential density shall be determined based on the following formula:
Lot size x allowable units per acre = permitted dwelling units
The following example assumes a 5 acre tract with an allowable density of 1
unit/acre:
5 acres x 1 unit per acre = 5 permitted dwelling units
The maximum residential density for portions of the tract with a slope of 60 percent or greater
(where such slope areas of the tract account for ten (10) percent or more of the tract) shall be one-
half (½) the eligible density.
(2)
Standard residential density shall be applied:
a.
On a lot existing at the time of the initial adoption of this Chapter, where there is not
adequate area to comply with the applicable standard residential density requirement;
b.
To single-family residential uses; and
c.
To multifamily residential uses with fewer than five (5) units.
(3)
Maximum residential density shall be available to applicants proposing five (5) or more dwellings in any
combination of the following unit types (duplexes and triplexes and specifically excluding single-
family units) where:
a.
A total of at least five (5) units would be permitted by standard residential density, and
b.
Such dwellings are generally served by both: (1) a public water supply system and (2) a
sewage disposal system (of the following types: municipal, approved public, or approved
community) which meet the requirements of the local or State authorities having
jurisdiction thereof..
(4)
Accessory structures shall be located in side or rear yards and shall be setback a minimum of five (5) feet
from any property line.
  
(5)
Maximum height may be exceeded in multifamily developments as detailed in §42-63 (Supplemental
Requirements) SR 1.6. (Dwelling, Multifamily, Five (5) or More Units), provided such
developments do not exceed 50 feet in height.
§42-30.
  Residential District Three (R3)
A.
Purpose. The purpose of Residential District Three (R3) is to foster orderly growth where the principal use
of land is low density residential. The intent of this district is to allow for residential development
consistent with the recommendations of the Comprehensive Plan. This general use district is typically
meant to be utilized in areas designated as Rural (RAA) in the Comprehensive Plan.
B.
Density and Dimensional Requirements. Each use allowed in this district shall, at a minimum, conform to
the following requirements (in the case of a nonresidential use the residential density requirements shall not
apply). In some cases a specific use may be required to meet the Supplemental Requirements as set forth in
§42-63 (Supplemental Requirements).
Table 2.4. R3 Density and Dimensional Requirements
(1) Residential Density (units/acre)
660.
(1 unit/1.5 acres)
(2) Yard Setbacks (feet)
Front or ROW
Local
15
Collector
20
Thoroughfare
35
Boulevard
50
Expressway
60
Freeway
90
Side
15
Rear
15
Maximum Height (feet) 
40
(1)
Residential density shall be calculated utilizing the entire acreage of a tract of land. Under this
scenario, residential density shall be determined based on the following formula:
Lot size x allowable units per acre = permitted dwelling units
The following example assumes a 5 acre tract with an allowable density of 0.66
units/acre:
5 acres x .66 units per acre = 3 permitted dwelling units
The maximum residential density for portions of the tract with a slope of 60 percent or greater
(where such slope areas of the tract account for ten (10) percent or more of the tract) shall be one-
half (½) the eligible density.
Residential density shall be applied:
a.
On a lot existing at the time of the initial adoption of this Chapter, where there is
not adequate area to comply with the applicable standard residential density requirement; 
b.
To single-family residential uses; and
c.
To multifamily residential uses with fewer than five (5) units.
(2)
Accessory structures shall be located in side or rear yards and shall be setback a minimum of five (5) feet
from any property line.
§42-31.
  Residential District Four (R4)
A.
Purpose. The purpose of Residential District Four (R4) is to foster orderly growth where the principal
use of land is low density residential. The intent of this district is to allow for limited residential
development consistent with the recommendations of the Comprehensive Plan. This general use district is
typically meant to be utilized in areas designated as Rural (RAA) or Conservation in the Comprehensive
  
Plan. It is recognized that this district is to be used in areas less suitable for dense or moderately dense
development.
B.
Density and Dimensional Requirements. Each use allowed in this district shall, at a minimum, conform
to the following dimensional requirements (in the case of a nonresidential use the residential density
dimensional requirements shall not apply). In some cases a specific use may be required to meet the
Supplemental Requirements as set forth in §42-63 (Supplemental Requirements).
Table 2.5. R4 Density and Dimensional Requirements
(1) Residential Density (units/acre)
0.20
(1 unit/5.0 acres)
(2) Yard Setbacks (feet)
Front or ROW
Local
15
Collector
20
Thoroughfare
35
Boulevard
50
Expressway
60
Freeway
90
Side
15
Rear
15
Maximum Height (feet) 
40
(1)
Residential density shall be calculated utilizing the entire acreage of a tract of land. Under this
scenario, residential density shall be determined based on the following formula:
Lot size x allowable units per acre = permitted dwelling units
The following example assumes a 5 acre tract with an allowable density of 0.20
units/acre:
5 acres x .20 units per acre = 1 permitted dwelling unit
The maximum residential density for portions of the tract with a slope of 60 percent or greater
(where such slope areas of the tract account for ten (10) percent or more of the tract) shall be one-
half (½) the eligible density.
Residential density shall be applied:
a.
On a lot existing at the time of the initial adoption of this Chapter, where there is
not adequate area to comply with the applicable standard residential density requirement; 
b.
To single-family residential uses; and
c.
To multifamily residential uses with fewer than five (5) units.
(2)
Accessory structures shall be located in side or rear yards and shall be setback a minimum of five
(5) feet from any property line.
§42-32.
  Office Institutional District (OI)
A.
Purpose. The purpose of the Office Institutional District (OI) is to foster orderly growth where the principal
use of land is a mixture of office, institutional, and residential. The intent of this district is to allow for
office, institutional and residential development consistent with the recommendations of the
Comprehensive Plan. In accordance with the Comprehensive Plan, the district will allow for and provide
office, institutional, and residential development that: (1) is directed largely to Community Service Centers
as defined in the Comprehensive Plan; (2) is compatible with adjacent development and the surrounding
community; and (3) will minimize congestion and sprawl.
B.
Density and Dimensional Requirements. Each use allowed in this district shall at a minimum conform to
the following requirements (in the case of a nonresidential use the residential density requirements shall not
apply). In some cases a specific use may be required to meet the 
  
Supplemental Requirements as set forth in §42-63 (Supplemental Requirements).
Table 2.6. OI Density and Dimensional Requirements
(1) Residential Density (units/acre)
(2) Standard 
4
(3) Maximum 
16
Maximum Impervious Surface (%) 
80
(4) Yard Setbacks (feet)
Front or ROW
Local
20
Collector
25
Thoroughfare
35
Boulevard
45
Expressway
55
Freeway
60
Side
10
Rear
10
Maximum Height (feet) 
50
(1)
Residential density shall be calculated utilizing the entire acreage of a tract of land. Under this
scenario, residential density shall be determined based on the following formula:
Lot size x allowable units per acre = permitted dwelling units
The following example assumes a 5 acre tract with an allowable density of 4
units/acre:
5 acres x 4 units per acre = 20 permitted dwelling units
The maximum residential density for portions of the tract with a slope of 60 percent or greater
(where such slope areas of the tract account for ten (10) percent or more of the tract) shall be one-
half (½) the eligible density.
(2)
Standard residential density shall be applied:
a.
On a lot existing at the time of the initial adoption of this Chapter, where there is not
adequate area to comply with the applicable standard residential density requirement.
b.
To single-family residential uses.
(3)
Maximum residential density shall be available to applicants proposing five (5) or more dwellings in
any combination of the following unit types (duplexes, triplexes, quadraplexes and multifamily
dwellings with five (5) or more units and specifically excluding single-family units) where:
a.
A total of at least five (5) units would be permitted by standard residential density, and 
b.
Such dwellings are generally served by both: (1) a public water supply system and (2) a
sewage disposal system (of the following types: municipal, approved public, or approved
community) which meet the requirements of the local or State authorities having
jurisdiction thereof.
(4)
Accessory structures shall be located in side or rear yards and shall be setback a minimum of five (5)
feet from any property line.
§42-33.
  Local Commercial District (LC)
A.
Purpose. The purpose of the Local Commercial District (LC) is to foster orderly growth where the principal
use of land is commercial and residential. The intent of this district is to allow for commercial development
consistent with the recommendations of the Comprehensive Plan. In accordance with the Comprehensive
Plan, the district will allow for and provide commercial and residential development that: (1) includes a
variety of retail sales and services, public and private administrations, offices and all other uses done
  
primarily for sale or profit on a local or neighborhood scale; (2) is directed largely to Community Service
Centers as defined in the Comprehensive Plan; (3) is compatible with adjacent development and the
surrounding community; and (4) will minimize congestion and sprawl. This general use district is meant to
be utilized in all service areas.
B.
Density and Dimensional Requirements. Each use allowed in this district shall at a minimum conform to
the following requirements (in the case of a nonresidential use the residential density requirements shall not
apply). In some cases a specific use may be required to meet the Supplemental Requirements as set forth in
§42-63 (Supplemental Requirements).
Table 2.7. LC Density and Dimensional Requirements
(1) Residential Density (units/acre)
(2) Standard 
4
(3) Maximum 
16
Maximum Impervious Surface (%)
80
(4) Maximum Floor Area (sq ft) 
30,000 or
10,000
(5) Yard Setbacks (feet)
Front or
ROW
Local
10
Collector
10
Thoroughfare
20
Boulevard
30
Expressway
40
Freeway
45
Side
10
Rear
10
Maximum Height (feet) 
40
(1)
Residential density shall be calculated utilizing the entire acreage of a tract of land. Under this
scenario, residential density shall be determined based on the following formula:
Lot size x allowable units per acre = permitted dwelling units
The following example assumes a 5 acre tract with an allowable density of 4
units/acre:
5 acres x 4 units per acre = 20 permitted dwelling units
The maximum residential density for portions of the tract with a slope of 60 percent or greater
(where such slope areas of the tract account for ten (10) percent or more of the tract) shall be one-
half (½) the eligible density.
(2)
Standard residential density shall be applied:
a.
On a lot existing at the time of the initial adoption of this Chapter, where there is not
adequate area to comply with the applicable standard residential density requirement.
b.
To single-family residential uses.
(3)
Maximum residential density shall be available to applicants proposing five (5) or more dwellings in
any combination of the following unit types (duplexes, triplexes, quadraplexes and multifamily
dwellings with five (5) or more units and specifically excluding single-family units) where:
a.
A total of at least five (5) units would be permitted by standard residential density, and 
b.
Such dwellings are generally served by both: (1) a public water supply system and (2) a
sewage disposal system (of the following types: municipal, approved public, or approved
community) which meet the requirements of the local or State authorities having
jurisdiction thereof.
  
(4)
Within a multi-tenant structure/site, the principal tenant shall have a maximum gross floor area of
30,000 square feet. The maximum gross floor area for any other tenant shall be 10,000 square feet. A
maximum 80,000 total square feet for any multi-tenant structure shall apply. The maximum gross floor
area for a single unit on a single lot shall be 10,000 square feet.
(5)
Accessory structures shall be located in side or rear yards and shall be setback a minimum of five (5)
feet from any property line.
 
§42-34.
  Community Commercial District (CC)
A.
Purpose. The purpose of the Community Commercial District (CC) is to foster orderly growth where the
principal use of land is commercial. The intent of this district is to allow for commercial development
consistent with the recommendations of the Comprehensive Plan. In accordance with the Comprehensive
Plan, the district will allow for and provide commercial development that:
(1)
Includes a variety of retail sales and services, public and private administrations, offices and all
other uses done primarily for sale or profit on the local and community level;
      (2) 
is directed largely to Community Service Centers as defined in the Comprehensive Plan;
      (3) 
is compatible with adjacent development and the surrounding community; and
      (4) 
will minimize congestion and sprawl. This general use district is meant to be utilized in 
areas
designated as Transitional (RTA) or Urban (USA) in the Comprehensive Plan.
B.
Density and Dimensional Requirements. Each use allowed in this district shall at a minimum conform to
the following requirements (in the case of a nonresidential use the residential density requirements shall not
apply). In some cases a specific use may be required to meet the Supplemental Requirements as set forth in
§42-63 (Supplemental Requirements).
Table 2.8. CC Density and Dimensional Requirements
(1) Residential Density (units/acre)
16
Maximum Impervious Surface (%)
80
(2) Maximum Floor Area (sq ft)
80,000 or 30,000
Yard Setbacks (feet)
Front or ROW
Local
10
Collector
10
Thoroughfare
20
Boulevard
30
Expressway
40
Freeway
45
Side
10
Rear
10
Maximum Height (feet) 
50
(1)
Residential density shall be calculated utilizing the entire acreage of a tract of land. Under this
scenario, residential density shall be determined based on the following formula:
Lot size x allowable units per acre = permitted dwelling units
The following example assumes a 5 acre tract with an allowable density of 16
units/acre:
5 acres x 16 units per acre = 80 permitted dwelling units
The maximum residential density for portions of the tract with a slope of 60 percent or greater
(where such slope areas of the tract account for ten (10) percent or more of the tract) shall be one-
half (½) the eligible density.
  
(2)
Within a multi-tenant structure/site, the principal tenant shall have a maximum gross floor area of
80,000 square feet. The maximum gross floor area for any other tenant shall be 30,000 square
feet. The maximum gross floor area for a single unit on a single lot shall be 30,000 square feet.
(3)
Accessory structures shall be located in side or rear yards and shall be setback a minimum of five
(5) feet from any property line.
§42-35.
  Regional Commercial District (RC)
A.
Purpose. The purpose of the Regional Commercial District (RC) is to foster orderly growth where the
principal use of land is commercial. The intent of this district is to allow for commercial development
consistent with the recommendations of the Comprehensive Plan. In accordance with the Comprehensive
Plan, the district will allow for and provide commercial development that: (1) includes a variety of retail
sales and services, public and private administrations, offices and all other uses done primarily for sale or
profit on the local, community, and regional level; (2) is directed largely to Community Service Centers as
defined in the Comprehensive Plan; (3) is compatible with adjacent development and the surrounding
community; and (4) will minimize congestion and sprawl. This general use district is meant to be utilized
in areas designated as Urban (USA) in the Comprehensive Plan.
B.
Density and Dimensional Requirements. Each use allowed in this district shall at a minimum conform to
the following requirements (in the case of a nonresidential use the residential density requirements shall not
apply). In some cases a specific use may be required to meet the Supplemental Requirements as set forth in
§42-63 (Supplemental Requirements).
Table 2.9. RC Density and Dimensional Requirements
(1) Residential Density (units/acre)
16
Maximum Impervious Surface (%)
80
Maximum Floor Area (sq ft)
Unlimited 
Yard Setbacks (feet)
Front or ROW
Local
10
Collector
10
Thoroughfare
20
Boulevard
30
Expressway
40
Freeway
45
Side
10
Rear
10
Maximum Height (feet) 
50
(1)
Residential density shall be calculated utilizing the entire acreage of a tract of land. Under this
scenario, residential density shall be determined based on the following formula:
Lot size x allowable units per acre = permitted dwelling units
The following example assumes a 5 acre tract with an allowable density of 16
units/acre:
5 acres x 16 units per acre = 80 permitted dwelling units
The maximum residential density for portions of the tract with a slope of 60 percent or greater
(where such slope areas of the tract account for ten (10) percent or more of the tract) shall be one-
half (½) the eligible density.
(2)
Accessory structures shall be located in side or rear yards and shall be setback a minimum of five
(5) feet from any property line.
§42-36.
  Industrial District (I)
  
A.
Purpose. The purpose of the Industrial District (I) is to foster orderly growth where the principal use of
land is a mixture of industrial and heavy commercial. The intent of this district is to allow for industrial and
heavy commercial development consistent with the recommendations of the Comprehensive Plan. In
accordance with the Comprehensive Plan, the district will allow for and provide industrial and heavy
commercial development that: (1) is compatible with adjacent development and the surrounding
community; (2) will minimize conflict between land uses; and (3) is sensitive to its impact on surrounding
land uses and the environment (natural and man-made).
B.
Density and Dimensional Requirements. Each use allowed in this district shall at a minimum conform to
the following requirements. In some cases a specific use may be required to meet the Supplemental
Requirements as set forth in §42-63 (Supplemental Requirements).
Table 2.10. I Density and Dimensional Requirements
Maximum Impervious Surface (%)
80
Maximum Floor Area (sq ft)
Unlimited 
Yard Setbacks (feet)
Front or ROW
Local
20
Collector
30
Thoroughfare
40
Boulevard
50
Expressway
50
Freeway
60
Side
20
Rear
20
Maximum Height (feet) 
72
(1)
Accessory structures shall be located in side or rear yards and shall be setback a minimum of five
(5) feet from any property line.
§42-37.
  Estate Residential District (R-40)
A.
Purpose. The Estate Residential District (R-40) is established to maintain the zoning in place prior to
the adoption of this Chapter 42. This district is established as a district in which the principal use of the
land is for low-density residential use. This district is intended to ensure that residential development not
having access to public water supplies and dependent upon septic tanks for sewage disposal will occur at a
sufficiently low density to provide a healthful environment. This district is also intended to be a quiet, low-
density neighborhood consisting of single-family residences. The R-40 District shall not be extended from
the locations designated on the Official Zoning Map, nor shall new R-40 District areas be designated except
where initiated by the Board of Commissioners or Planning Board. The R-40 District may be altered or
removed with the completion of Community Plans.
B.
Dimensional Requirements. Each use allowed in this district shall at a minimum conform to the
following requirements. In some cases a specific use may be required to meet the Supplemental
Requirements as set forth in §42-63 (Supplemental Requirements). The Conservation Subdivision option
shall be available in the R-40 District. Minimum lot sizes shall not apply when using the Conservation
Subdivision option and an average density of one (1) unit per 40,000 square feet shall be applied.
Table 2.11. R-40 Dimensional Requirements
(1) Minimum Lot Area (sq ft)
40,000
Minimum Lot Area Per Dwelling (Family Unit) (sq ft)
40,000
(3) Yard Setbacks (feet)
Front or ROW
(2) Major Roads
75
All Others
60
  
Side
35
Rear
35
Maximum Height (feet) 
Unlimited
(1)
The minimum lot area for portions of the tract with a slope of 60 percent or greater (where such
slope areas of the tract account for ten (10) percent or more of the tract) shall be twice the
minimum lot area of the district.
(2)
Major roads shall include: Interstate 26, US Highway 64, US Highway 25, US Highway 176, NC
Highway 280, NC Highway 191, Kanuga/Crab Creek Road (SR 1127), Clear Creek Road (SR
1503), Upward Road (SR 1722), and the Upward Road Connector (SR 1783).
(3)
Yard setbacks shall be measured from the centerline of right-of-way. Where the road is a major
road and is more than two (2) lanes (including parking lanes), the yard setback requirements shall
be measured and begin at a point on the pavement 12 feet from the edge of the paved road
abutting the property in subject.
C.
Permitted Uses. Within the R-40 District, the following uses are permitted:
(1)
Dwelling, single-family, and manufactured homes (multi-section), excluding manufactured homes
(singlewide) and mobile homes (See SR 1.5 (Dwelling, Manufactured/Mobile Home (multi-
section/singlewide) and SR 1.8 (Dwelling, Single Family Detached).
(2)
Church, provided that:
a.
The structures are placed not less than 50 feet from any property line;
b.
They are located with access to a street, as shall be determined by the Zoning
Administrator; and
c.
There is a planted buffer strip along the side and rear property lines, except where such
lines run parallel and contiguous with streets, streambeds, lakes and railroad tracks.  (See
also SR 5.19 (Religious Institution))
(3)
Cemetery (On property contiguous to or adjacent to the principal church assembly building) (See
also SR 5.3 (Cemetery/Mausoleum/Columbarium (excluding crematoriums).
(4)
Church bulletin boards not exceeding 12 square feet in area.
(5)
Signs not more than four (4) square feet in area advertising the sale or rental of property on which
they are located.
(6)
Utility Substation (See SR 9.13 (Utility Substation).
(7)
Customary Accessory Building (Including private garages, noncommercial greenhouses and
workshops).
a.
Shall be permitted in rear yards, provided that they are located not less than five (5) feet
from any property line; 
b.
May be permitted in side yards, provided that their placement shall not exceed the
minimum side yard setback requirement for that district or use;
c.
Shall not be permitted in front yards, except in the following cases: 
1.
Where, by definition, more than one (1) front yard exists, such as in corner lots
or double fronted lots; or
2.
Where the measurement of a lot's perimeter boundary is equal to or exceeds 50
percent of the abutting road right-of-way;
d.
In Subsection c.1. and c.2. above, an accessory building shall not be located closer to the
center line of the abutting road than is otherwise permitted by this Chapter; 
e.
In these cases only, such determination shall be made by the Zoning Administrator on a
case-by-case basis. Determinations shall take into account orientation of the structure and
dwelling, road and driveway location, topographical features, traffic volume, and visual
buffers; and
f.
In no case shall an accessory building be permitted in any front, side or rear yard if it
exceeds 15 feet in height or if it occupies more than 30 percent of the required yard area;
  
however, height restrictions do not apply on lots of one (1) or more acres. Maximum
building height for private boathouses shall be 25 feet measured from the full pond
elevation (lakes) or mean sea level elevation (rivers).
(8)
School (Public/Private/Charter) (See SR 5.20 (School (Public/Private/Charter).
(9)
Civic and cultural buildings, including auditoriums, theaters for the performing arts, museums, art
galleries, symphony and concert halls and historical societies, provided that:
a.
The structures are placed not less than 50 feet from any property line; 
b.
They are located with access to a street, as shall be determined by the Zoning
Administrator;
c.
There is a planted buffer strip along the side and rear property lines, except where such
lines run parallel and contiguous with streets, streambeds, lakes and railroad tracks;
d.
The facility is not operated for profit and satisfactory proof of the tax-exempt status of
the organization is exhibited to the Zoning Administrator;
(10) Communications Facilities, Category 1 (See SR 9.3 - Communications Facilities, Category 1).
(11) Family Care Home (See SR 1.10 - Family Care Home).
(12) Solar Panels (See SR 2.11 - Solar Panels).
D.
Permitted with a Special Use Permit. Within the R-40 District, the following uses are permitted with a
special use permit provided that the conditions listed below are met. This special use permit shall be issued
in accordance with §42-356 (Special Use Permits):
(1)
Park (See SR 4.16-Park).
(2)
Camp (See SR 4.3 -Camp).
(3)
Tennis Club (See SR 4.24 -Swim and Tennis Club).
(4)
Racquet Club.
(5)
Golf Course (See SR 4.7 -Golf Course and/or Country Club) (Miniature golf courses and private
driving tees operated for commercial purposes are not allowed.).
(6)
Customary Incidental Home Occupation (permitted as accessory uses in a residence). Customary
incidental home occupations include, but are not limited to: dressmaking, cooking, baking, music
instruction, and the practice of such professions as insurance, medicine, artistry, architecture, and
accounting. Customary incidental home occupations must:
a.
Be conducted entirely within a dwelling;
b.
Be carried on by the occupants thereof; 
c.
Be clearly incidental and secondary to the use of the dwelling for residential purposes;
d.
Not change the character thereof; 
e.
Not install or use mechanical equipment except such as is normally used for domestic or
professional purposes;
f.
Not have over 25 percent of the total floor space of any structure in use for a home
occupation; and
g.
Not be conducted in any accessory building. 
(7)
Library (See SR 5.14 (Museum/Library/Archive).
(8)
Bed-and-Breakfast Inn (See SR 1.2 (Bed and Breakfast Inn).
(9)
R-O Residential Open Spaces Development. 
a.
Any use permitted in the R-40 District, with any conditions pertaining thereto, shall be a
permitted use.
b.
Establishment of R-O Development. An R-O Development shall be considered to
conform to the requirements of such district when the following
c.
circumstances exist: 
1.
An entire tract of land under one (1) ownership is being subdivided at one (1)
time pursuant to an overall plan of development which includes open spaces,
such as golf courses, lakes, recreational areas, meadows, parks, woods or other
  
open or green spaces. All required open space shall be dedicated to the public
and accepted by the County or transferred to a property owners' association or
transferred to a private club, subject to deed restrictions forbidding its later
subdivision or development for other than residential open space purposes.
2.
Such open spaces consist of one (1) or more parcels of land in the proposed
subdivisions which have a total of at least ten (10) percent of the entire tract. No
parcel of land less than one (1) acre in area shall be considered in arriving at the
total area of the open spaces
3.
The gross residential density of the area being subdivided will be no more than
the density that would have been permitted in the total area of said tract being
subdivided, without regard to the special provisions applying to an R-O
Development hereinafter set out in subsection c. 
(a)
No R-O Development shall be established
unless and until there is delivered to the Zoning Administrator a written
instrument in recordable form, executed by the owner or owners of all
interests in the proposed tract to be subdivided, providing that in
consideration of the designation of said subdivision as an R-O
Development and benefits accruing to such owners in the subdivision
from such designations, and in recognition that purchasers of lots in the
subdivision will rely upon the continuing existence of such open
spaces, it is irrevocably agreed upon that such spaces will remain open
with no buildings thereon, except as may be reasonably incidental to
the use of the open spaces for the purpose designated. These
restrictions shall be binding upon the present owners of the proposed
subdivision and open spaces and upon their successors in title and may
be enforced by the Zoning Administrator or other appropriate public
authority as provided in this Chapter or by the owner of any lot in the
subdivision by suit for mandatory injunction or for damages.
i.
Said written instrument shall also
contain a legal description of each open space, shall
describe the use (if any) which the owner proposes and
shall provide that if such open space is not maintained as
agreed, the owners of a majority of the lots in the
subdivision shall have the right to form an association
which shall have the right to perform such maintenance at
the expense of the members thereof.
ii.
Said written instrument shall
further provide that if such open spaces shall be
foreclosed and sold for nonpayment of taxes, said
association of lot owners and anyone claiming under them
shall be forever barred from asserting any right, title or
interest in or to said open spaces
(b)
If the proposed R-O Development is
established, the written instrument described in subsection b (3) (a)
shall be recorded in the office of the Register of Deeds for Henderson
County. 
(c)
Application to create an R-O Development
shall be accompanied by the written instrument above referred to and a
major site plan, in accordance with §42-331 (Major Site Plan Review).
  
Applications to create an R-O Development shall comply with the
applicable requirements for subdivision application. 
d.
Dimensional requirements in R-O Development. The dimensional requirements shall be
reduced as follows for lots within the R-O development:
1.
If the total open space pursuant to subsection b above is less than ten (10)
percent of the area of the tract being subdivided, said requirement shall not be
reduced at all;
2.
If the total open space pursuant to subsection b above is at least ten (10) percent
and less than 20 percent of the total tract being subdivided, each dimensional
requirement shall be reduced ten (10) percent; 
3.
If the total open space pursuant to subsection b above is at least 20 percent and
less than 30 percent of the total tract being subdivided, each dimensional
requirement shall be reduced 20 percent; 
4.
If the total open space pursuant to subsection b above is at least 30 percent of
the total tract being subdivided, each dimensional requirement shall be reduced
30 percent. 
e.
Nothing herein shall be deemed to require the County to accept any such open space that
is dedicated to the public. 
(10) R-A Residential Apartment.
a.
The purpose of the R-A Residential Apartment Development is to permit establishment
of apartment developments in the R-40 District and to minimize any detrimental effects
of such developments on existing land uses. Within an R-A Development, apartments and
customary accessory buildings shall be permitted as per the requirements of §42-37
(Estate Residential District (R-40)) C (7) (Customary Accessory Building). 
b.
R-A Developments may be located in the R-40 District subject to a finding by the Zoning
Board of Adjustment (ZBA), on advice and recommendation of the Planning Director,
that certain conditions shall be met. 
1.
Location. Subject to the provisions of this section, an R-A Development may be
established in an area contiguous to and abutting for at least 400 feet on either
US 25, US 64, US 176, US 74, NC 191, NC 280, I-26 or Kanuga Road, or may
be established on a minor street intersecting one of the aforementioned major
streets within a distance not to exceed 1,500 feet from the point of intersection
of the two (2) streets. 
2.
Minimum Size. The minimum area for an R-A Development shall be one-and-
one-half (1 ½) acres. 
3.
Design Requirements. The proposed development of an R-A Development shall
be considered in accordance with an overall plan which shall include provisions
for: 
(a)
Landscaping. The proposed development
shall be designed as a single architectural scheme with appropriate
common landscaping. 
(b)
Parking. Parking space shall be provided
within the development at a ratio of one-and-one-half (1 ½) spaces for
each apartment unit. 
(c)
Area Regulations. No building shall be
erected at a distance of less than 60 feet from the center line of any
minor street on which the lot abuts, nor less than the required side or
rear lot line setback of the adjacent district; however, in no instance
  
shall the minimum side and rear lot line setback be less than 10 feet.
The distance at the closest point between any building or group of
attached buildings shall not be less than 15 feet. 
(d)
Screening. A ten (10) foot evergreen planted
buffer strip shall be provided wherever the development adjoins the
boundary or property line of a residential zoning district
(e)
Traffic Circulation. The location of
driveways, parking spaces and interior streets shall be designated on
said plan. 
c.
Procedures for Application and Review. An applicant desiring to develop an R-A 
Development shall adhere to the following procedures: 
1.
Special Use Permit Application. The applicant shall submit to the Board of
Commissioners a written application for a special use permit in accordance with
§42-356 (Special Use Permit). 
2.
Development Plan. A copy of the development plan shall be submitted to the
Planning Director for review and recommendations. The Zoning Board of
Adjustment (ZBA) shall not issue a special use permit until it has received
recommendations from the Planning Director
(a)
The development plan shall include the
following information and supporting documentation: 
i.
The scale of the map, which shall
be not less than one (1) inch to 50 feet with contours at
five (5) foot vertical intervals showing pertinent
topographical features. 
ii.
The location, use, plan and
dimension of each building or structure to be constructed. 
iii.
The location, dimensions and
arrangements of all access ways, entrances, exits, off-
street parking facilities, streets and sidewalks. 
iv.
The locations, dimensions and
arrangements of all open spaces and areas devoted to
planting, lawns, trees or similar purposes, with a
description including the height and density of all trees or
planting to be used for screening. 
v.
The location and description of all
facilities to be used for sewage disposal, water supply,
stormwater drainage and all utilities. 
(11) Communication Facilities, Group 2 where such towers are limited to: 
       a.
monopole towers, and
       b. 
a height no greater than 100 feet (See also SR 9.3).
(12) Wind Mill/Turbine, Accessory
= 40 ft (See SR 3.16).
(13) Wind Mill/Turbine, Accessory > 40 ft (See SR 3.17).
§42-38.
  Waterfront Residential District (WR)
A.
Purpose. The Waterfront Residential District (WR) is established to maintain the zoning in place prior
to the adoption of this Chapter 42. This district is established for residential development on or adjacent to
waterfront property, that which is navigable for small recreational-type boats and watercraft. The district is
intended to maintain and promote low-density single-family development and is intended to provide
protection of the existing waterfront character and environmental sensitivity, particularly the water quality
  
and any adjacent wetlands. The WR District shall not be extended from the locations designated on the
Official Zoning Map, nor shall new WR District areas be designated except where initiated by the Board of
Commissioners or Planning Board. The WR District may be altered or removed with the completion of
Community Plans.
B.
Dimensional Requirements. Each use allowed in this district shall at a minimum conform to the
following requirements. In some cases a specific use may be required to meet the Supplemental
Requirements as set forth in §42-63 (Supplemental Requirements). The Conservation Subdivision option
shall be available in the WR District. Minimum lot sizes shall not apply when using the Conservation
Subdivision option and an average density of one (1) unit per 30,000 square feet shall be applied.
Table 2.12. WR Dimensional Requirements
(1) Minimum Lot Area (sq ft)
30,000
Minimum Lot Area Per Dwelling (Family Unit) (sq ft)
30,000
(3) Yard Setbacks (feet)
Front or ROW
(2) Major Roads
60
All Others
45
Side
None
Rear
25
Waterfront
None
Maximum Height Principal Structure (feet) 
35
Maximum Height Accessory Structure (feet)
15
Maximum Height Boat House (feet)
(Measured from Full Pond Elevation)
25
(1)
The minimum lot area for portions of the tract with a slope of 60 percent or greater (where such
slope areas of the tract account for ten (10) percent or more of the tract) shall be twice the
minimum lot area of the district.
(2)
Major roads shall include: Interstate 26, US Highway 64, US Highway 25, US Highway 176, NC
Highway 280, NC Highway 191, Kanuga/Crab Creek Road (SR 1127), Clear Creek Road (SR
1503), Upward Road (SR 1722), and Upward Road Connector (SR 1783).
(3)
Yard setbacks shall be measured from the centerline of right-of-way. Where the road is a major
road and more than two (2) lanes (including parking lanes), the yard setback requirements shall be
measured and begin at a point on the pavement 12 feet from the edge of the paved road abutting
the property in subject.
C.
Permitted Uses. Within the WR District, the following uses are permitted:
(1)
Dwelling, single-family, and manufactured homes (multi-section), excluding manufactured homes
(singlewide) and mobile homes (See SR 1.5-Dwelling, Manufactured/Mobile Home (multi-
section/singlewide) and SR 1.8-Dwelling, Single Family Detached).
(2)
Customary Accessory Building (Including garages, storage buildings, pools, tennis courts,
boathouses and similar recreational uses). Customary accessory buildings:
a.
Shall be permitted in rear yards, provided that they are located not less than five (5) feet
from any property line; 
b.
May be permitted in side yards, provided that their placement shall not exceed the
minimum side yard setback requirement for that district or use;
c.
Shall not be permitted in front yards, except in the following cases: 
1.
Where, by definition, more than one (1) front yard exists, such as in corner lots
or double fronted lots; or
2.
Where the measurement of a lot's perimeter boundary is equal to or exceeds 50
percent of the abutting road right-of-way;
  
d.
In Subsection c.1. and c.2. above, an accessory building shall not be located closer to the
center line of the abutting road than is otherwise permitted by this Chapter; 
e.
In these cases only, such determination shall be made by the Zoning Administrator on a
case-by-case basis. Determinations shall take into account orientation of the structure and
dwelling, road and driveway location, topographical features, traffic volume, and visual
buffers; and
f.
In no case shall an accessory building be permitted in any front, side or rear yard if it
exceeds 15 feet in height or if it occupies more than 30 percent of the required yard area;
however, height restrictions do not apply on lots of one (1) or more acres. Maximum
building height for private boathouses shall be 25 feet measured from the full pond
elevation (lakes) or mean sea level elevation (rivers).
(3)
Signs not more than four (4) square feet in area advertising the sale or rental of property on which
they are located.
(4)
Church, provided that:
a.
The structures are placed not less than 50 feet from any property line;
b.
They are located with access to a street, as shall be determined by the Zoning
Administrator; and
c.
There is a planted buffer strip along the side and rear property lines, except where such
lines run parallel and contiguous with streets, streambeds, lakes and railroad tracks. (See
SR 5.3-Cemetery/Mausoleum/Columbarium (excluding crematoriums)
(5)
Church bulletin boards not exceeding 12 square feet in area.
(6)
Utility Substation (See SR 9.13-Utility Substation).
(7)
Communications Facilities, Category I (See SR 9.3-Communications Facilities, Category
1).
(8)
Family Care Home (See SR 1.10-Family Care Home).
(9)
Solar Panels (See SR 2.11-Solar Panels).
D.
Permitted with a Special Use Permit. Within the WR District, the following uses are permitted with a
special use permit provided that the conditions listed below are met. This special use permit shall be issued
in accordance with §42-356 (Special Use Permits):
(1)
Park (See SR 4.16 -Park).
(2)
Tennis Club (See SR 4.24 -Swim and Tennis Club).
(3)
Racquet Club.
(4)
Golf Course (See SR 4.7-Golf Course and/or Country Club).
(5)
Camp (See SR 4.3- Camp).
(6)
Customary Incidental Home Occupation (permitted as accessory uses in a residence). Customary
incidental home occupations include, but are not limited to: construction, and the practice of such
professions as insurance, medicine, artistry, architecture, and accounting. Customary incidental
home occupations must:
a.
Be conducted entirely within a dwelling;
b.
Be carried on by the occupants thereof; 
c.
Be clearly incidental and secondary to the use of the dwelling for residential purposes;
d.
Not change the character thereof; 
e.
Not install or use mechanical equipment except such as is normally used for domestic or
professional purposes;
f.
Not have over 25 percent of the total floor space of any structure in use for a home
occupation; and
g.
Not be conducted in any accessory building. 
(7)
Communication Facilities, Category 2 where such towers are limited to:
       a. 
monopole towers, and 
  
       b. 
a height no greater than 100 feet (See also SR 9.3-Communication Facilities,
Category 2).
(8)
Wind Mill/Turbine, Accessory
= 40 ft (See SR 3.16).
(9)
Wind Mill/Turbine, Accessory > 40 ft (See SR 3.17).
§42-39.
   Surface Water District (SW)
A.
Purpose. The Surface Water District (SW) is established to maintain the zoning in place prior to the
adoption of this Chapter 42. It is the intent of this district to protect surface waters for the enhancement of
recreation, to promote water safety and maintain a proper ecologic/development balance. The SW District
shall not be extended from the locations designated on the Official Zoning Map, nor shall new SW District
areas be designated except where initiated by the Board of Commissioners or Planning Board. The SW
District may be altered or removed with the completion of Community Plans.
B.
Permitted Uses. Within the SW District, the following uses are permitted:
(1)
Private boathouse, pier, dock, and bulkhead.
a.
Structures may extend over the water for a distance of no more than 80 feet from the
shore as measured from the full pond elevation (lakes) or mean sea level elevation
(rivers). 
b.
In no event shall a structure, when located in a cove or river, extend more than one-third
(1/3) the width of the cove or river measured from the shore at the full pond elevation
(lakes) or mean sea level elevation (rivers) at the point of the proposed construction to the
nearest point on the opposite shore. 
c.
The structure shall extend into the water so as to remain confined within a projection of
the side lot lines of the lot on which the pier is accessed, maintaining the side yard
setback requirements of the adjacent zoning district. A structure or other projection over
the water may be established at each of the two (2) property lines on the shoreline at the
full pond elevation (lakes) or mean sea level elevation (rivers). Each projection should be
perpendicular to a line connecting two (2) points on the shoreline where a ten (10) foot
radius from that property corner intersects the shoreline. 
d.
Maximum building height for private boathouses shall be 25 feet measured from full
pond elevation (lakes) or mean sea level elevation (rivers).
(2)
Governmental recreational facilities, including, but not limited to: piers, docks and bulkheads,
provided that the standards cited in subsection (1) a through (1) d are met.
(3)
Communications Facilities, Category 1 (See SR 9.3-Communication Facilities, Category 1).
(4)
Communication Facilities, Category 2 where such towers are limited to:
(5)
       a. 
monopole towers, and 
(6)
       b. 
a height no greater than 100 feet (See also SR 9.3-Communication Facilities,
Category 2).
(7)
Navigational or Warning Signs (signs, other than navigational or warning signs, shall not be
allowed on the surface of the lake or river).
§42-40.
Through 42- 44. Reserved