ARTICLE 7 - RA RURAL AGRICULTURAL DISTRICT 

SECTION 701            PURPOSE 

This district is established for the following purposes: 

1. To protect active farming enterprises from incompatible non-farm development whose effects would be detrimental to the continued future of the farming industry; and 

2. To protect land best suited for agricultural use, as well as the Township’s natural resources in general from the detrimental effects that often result from the encroachment of scattered urban type uses. 

SECTION 702            AGRICULTURAL EFFECT ADVISORY 

Lands within the Agricultural District are intended for commercial agricultural production.  Owners, residents and other users or property within this district may be subjected to inconvenience, discomfort, and the possibility of injury to property and health arising from normal and accepted agricultural practices and operations, including, but not limited to:  noise odors, dust, the operation of machinery of any kind, including aircraft, the storage and disposal of manure, the application of fertilizers, herbicides and pesticides.  Owners, residents and users of property within this district should, therefore, be prepared to accept these conditions, and are hereby placed on official notice that “right to farm” provisions within the Ohio Revised Code may bar them from obtaining a legal judgment against such normal agricultural operations. 

Farming comprises all the characteristics of heavy industry; and as in all industrial zoning districts, unrelated residential use is emphatically discouraged. 

SECTION 703            USES 

A. Permitted Uses 

1. Agriculture 

2. Single-family dwelling 

3. Publicly owned and operated buildings and facilities 

4. Accessory buildings incidental to the principal use.  Such facilities are subject to regulation under Article 37 of this Resolution. 

5. Temporary uses as regulated by Article 50 

B. Conditional Uses 

The following Conditional Uses are subject to review and conditions in accordance with Article 4 of this Resolution. 

1. Intensive agricultural uses 

2. Sale of produce and plants raised on the premises, or seasonal sale of produce and plants not raised on the premises, provided that any structures associated with such sales shall be only those structures ordinarily used for the sale of produce and plants raised on the premises. 

3. Single-family residential non-farm lots in the RA Rural Agricultural District. 

a) The area subdivided into small non-farm lots shall not exceed 20 percent of the existing parcel as of the effective date of this section of the resolution December 6, 2000, provided that the remaining parcel complies with the minimum lot standards of 600 feet frontage and a minimum area of 20 acres. 

b) The minimum lot area shall be 80,000 square feet, with the minimum road frontage of 200 feet on a public road.  The Board of Zoning Appeals (BZA) may permit less frontage and lot area if the applicant can show that, due to special conditions of the land, such as topography or the proximity of the existing buildings to the road and/or existing lot lines, the proposed lot(s) can be better designed to protect prime farmland by using lesser frontage and/or area.  The BZA may also vary the setback requirements if necessary.  The lot depth shall not exceed 400 feet unless the BZA approves a greater depth where warranted by field conditions. 

In cases where the proposed development does not front on an existing road, the BZA may permit development of not more than 5 lots using a private drive with a minimum right-of-way width of 50 feet, and a minimum pavement width of 18 feet.  Dead-end drives shall not exceed 1,000 feet in length, shall include a turnaround with a minimum radius of 38.5 feet, and shall meet County Engineer’s standards. 

c) All principal structures to be located on non-farm lots shall have a minimum front and rear yard of 50 feet, and a minimum side yard of 50 feet on each side. 

d) All residential lots must be approved by the Dayton/Montgomery County Combined Health District in regard to the availability of sufficient potable water in both quality and quantity; and the suitability of the lot for an on-site sewerage disposal system. 

e) The dwellings and their lots shall be located on the least productive farmland wherever practical.  

f) The lot layout shall be located and designed so that it is separated as much as possible from adjacent farming, including minimizing the length of property lines shared by the residential lots and adjoining farms. 

4. Agricultural Services 

a) Agricultural services shall include commercial activity that primarily serves the farming community, such as welding shops, grain elevators farming machinery repair if determined by the Board of Zoning Appeals to be needed or appropriate. 

b) Structures used for agricultural services and/or related storage shall be a minimum distance of: 

1.) 100 feet from any neighboring dwelling 

2.) 100 feet from any Residential District 

c) The site shall have adequate access onto a hard-surfaced County or Township road that is regularly maintained and adequate to handle the additional traffic generated by the use. 

d) Adequate parking shall be provided so as not to interfere with vehicular traffic on adjacent thoroughfares. 

e) The applicant shall demonstrate that the proposed operations will not be detrimental to the vicinity or surrounding properties. 

f) No outdoor disassembly or repair of farm machinery shall be permitted, unless screened from the adjacent road(s) and adjacent property. 

g) All equipment used in the operations shall be constructed, maintained, and operated in such a manner as to eliminate, so far as practical, noise, vibration or dust which would injure or annoy persons living in the vicinity. 

h) All exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light upon any adjoining residence or property in a Residential District. 

5. Airports and Landing Strips 

a) The applicant shall demonstrate that the proposed operations will not be detrimental to the vicinity or surrounding properties. 

b) The proposed facility shall meet the appropriate FAA registration standards, including type of landing area proposed, as per FAA Form 74-80-1. 

c) The airport, in accordance with the standards and requirements of the Federal Aviation Administration, will not require the heights of structures on adjacent land to be less than the height limit specifically prescribed for the district in which such land is situation. 

d) All runways and service aprons shall have dustless surface. 

e) No area used by any aircraft under its own power shall be located within a distance of 200 feet from any property lines; 1,000 feet from any public or private institution; or 1,000 feet from any Residential or Commercial District on the approach and departure ends of the runway.  Buildings, hangars, or other structures shall be at least 200 feet from any property line, and no parking of vehicles shall be allowed within 100 feet from any property line. 

f) Exterior lighting shall be shaded wherever necessary to avoid casting direct light upon any adjacent property or any adjacent public street. 

6. Animal Hospitals, Veterinary Clinics, and Kennels 

a) Structures shall be designed and maintained in a manner so as to prevent the development of unsanitary conditions which could result in unpleasant odor or vermin nuisance. 

b) Rooms intended to accommodate animals shall be insulated, or otherwise soundproofed and vented so that animal noises will not be audible at any point in the perimeter of the property. 

c) Outside runs shall be at least 200 feet from all property lines. 

d) A solid wood fence or masonry wall six feet high shall be constructed along any property line adjacent to a Residential District. 

7. Cemeteries 

a) For purposes of this section, an office, crematorium, mausoleum, and other buildings or structures necessary to the operation of a cemetery shall be permitted as accessory uses thereto. 

b) Minimum site area shall be 20 acres. 

c) The site shall be located with at least 300 feet of frontage on a street designated as a secondary arterial or higher. 

d) Minimum setback lines of at least 50 feet shall be provided along all street right-of-way lines and adjoining property lines.  However, internments, markers, and gate houses may be located not closer than 30 feet to any adjoining property line when not in excess of 15 feet in height. 

e) Mausoleums or crematoriums shall be a distance of at least 200 feet from adjacent property lines and street right-of-way lines. 

8. Home Occupations Subject to the Conditions in Article 46. 

9. Riding Academies, Stables 

a) Minimum lot area shall be ten acres 

b) Minimum setback lines for any structures, pens or corrals housing animals shall be 200 feet from an adjoining property line, except where animals are kept in soundproofed, air-conditioned buildings, in which case the required setback line is 100 feet. 

c) Adequate fencing shall be provided to enclose the activities therein, and landscape screening shall be provided whenever such use abuts a residentially zoned district. 

10. Sanitary and Construction Material Landfill as regulated by Article 51.