ARTICLE 8 - RT RURAL TRANSITION DISTRICT 

SECTION 801            PURPOSE 

This district is established for the following purposes: 

1. To protect active farming enterprises and natural resources within the Township, and; 

2.  To provide the opportunity for limited non-farm residential development within areas which are undergoing pressure for such development and/or are characterized by an existing pattern of such non-farm development. 

In effect, this district is designed to function as an area of transition or changing character between the rural agricultural area of the Township and more urban areas. 

SECTION 802            AGRICULTURAL EFFECT ADVISORY 

Lands within the Rural Transition District contain active farming activities.  Purchases of property adjacent to commercial agricultural production areas 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 803            USES 

A.  Permitted Uses 

1. Agriculture 

2. Single-family dwellings 

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. Agricultural services as regulated by Section 703B.4. 

4. Single-family dwellings on sites of less than 20 acres, but not less than 80,000 square feet. 

a) A maximum of 20 percent of the total land area of the parcel may be subdivided into lots less than 20 acres, not to exceed 15 non-farm lots, provided 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 continuous 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 Board approves 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. 

A minimum lot size of one (1) acre with a minimum road frontage of 200 feet is permitted if utilities (central sewer and water) will be provided within three years.  The installation of “dry” sewer and water lines are required in this regard.  Larger proposals may also be considered for rezoning to a more urban residential zoning district, such as the R-1 District, dependent upon location and availability of utilities. 

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 farm land 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.

5. Cemeteries as regulated by Section 703 B.7. 

6. Aircraft landing fields as regulated by Section 703B. 

7. Schools; primary, intermediate, and secondary. 

a) For the purposes of this section, schools are deemed to include public and private schools.  Accessory uses and buildings necessary for carrying out the school program are permitted. 

1) Minimum lot size is 5 acres. 

2) All school structures must comply with all applicable public safety and fire regulations. 

b) Locations: an elementary school site shall be located with at least 200 feet of frontage on a street designed as a collector street or higher.  Junior High and High Schools shall be located with at least 200 feet of frontage on a street designed as a major collector or minor arterial. 

c) Minimum setback lines of at least 50 feet shall be provided along all street right-of-way lines and adjoining property lines. 

8. Churches, Chapels, Temples and Synagogues. 

a) Minimum lot area shall be five acres. 

b) All sites shall have access only from an arterial or a collector street or shall provide access in a manner that does not cause heavy traffic on residential streets. 

c) All structures and active outdoor recreation uses shall be set back a minimum of 50 feet from any residential property.  However, any outdoor recreation area with night lighting shall be set back 100 feet from an residential property. 

d) Parking spaces for church buses shall be located as far distant from any adjacent property line as possible.  A minimum of 50 feet shall be required in any case. 

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

9. Private and publicly owned commercial and non-commercial recreation areas, uses and facilities, including fishing lakes, riding academies, rodeos and accessory retail and service uses, golf courses (but not including miniature golf courses), parks, forests, wildlife preserves, and similar areas and uses. 

10. Campgrounds 

11. Bed and Breakfast homes as defined in Article 2. 

12. Home Occupations as regulated by Article 46. 

13. Clubs, private and public, Golf and Country Clubs, and Lodges operated by educational, social or fraternal organizations. 

a) Accessory uses necessary to the operation of such use, such as clubhouses, restaurants, swimming pools and similar activities, shall be permitted, provided the conduct of business is not the principal activity. 

b) Golf and Country Clubs shall be located so that access is from a minor collector street. 

c) Clubs, private and public, and Lodges operated by educational social, or fraternal organization shall be located so that access is from a major collector street or higher. 

d) Minimum setback lines shall be 100 feet from an adjoining property line.  The distance from the center and centerline of all greens and fairways shall be at least 150 feet from an adjoining property line.