The purpose of the Low-Density Residential R-40
District is to provide areas for residential development where existing
neighborhood characteristics, water supply and environmental conditions
permit full development densities of approximately one dwelling per
acre and where open space and agricultural preservation are not predominate
objectives.
In an R-40 District, no building or premises
shall be used and no building or part of a building shall be erected
or altered which is arranged, intended or designed to be used, in
whole or in part, for any uses except the following:
A. Permitted uses:
(1) Same as §
280-13A of the Agricultural-Conservation District, except that wineries are excluded.
[Amended 11-29-1994 by L.L. No. 26-1994]
B. Uses permitted by special exception of the Board of
Appeals. The following uses are permitted as a special exception by
the Board of Appeals, as hereinafter provided, and subject to site
plan approval by the Planning Board:
(1) Same as §
280-13B of the Agricultural-Conservation District, except that a children's recreation camp, farm labor camp and veterinarian's office and animal hospital are not permitted and bed-and-breakfast uses do not require site plan approval.
(2) Libraries, museums or art galleries.
C. Accessory uses, limited to the following:
(1) Same as §
280-13C of the Agricultural-Conservation District.
(2) Direct marketing of aquaculture or mariculture products, subject
to the following requirements:
[Added 9-24-2019 by L.L.
No. 15-2019]
(a) Only bona fide acquaculture/mariculture farm operations may engage
in the direct marketing of aquaculture or mariculture products pursuant
to this section;
(b) A bona fide acquaculture/mariculture farm operation may engage in
the direct marketing of their produce at one of the following locations,
but not both:
[1] A parcel containing a single-family dwelling that is the primary
residence of the owner of a bona fide aquaculture/mariculture farm
operation; or
[2] a parcel used as part of a bona fide farm operation located on State
Route 25 ("Main Road") or County Road 48 (the "North Road");
(c) Only products grown by the bona fide aquaculture/mariculture farm
operation may be sold;
(d) Notwithstanding anything set forth elsewhere in this article, a temporary
display area located in the front yard of the parcel may be used in
connection with direct marketing taking place at the primary residence
of the owner of a bona fide aquaculture/mariculture farm operation,
subject to the following requirements:
[1] The display area shall not exceed 100 square feet and may not be
enclosed;
[2] A refrigeration unit, not exceeding five cubic feet in size, may
be used in the display area;
[3] No generators may be used to supply electric power to the display
area.
(3) Same as §
280-13D of the A-C, R-80, R-120, R-200 and R-400 Districts.
[Added 12-5-2017 by L.L.
No. 20-2017]
No building or premises shall be used and no
building or part thereof shall be erected or altered in the Low-Density
Residential R-40 District unless the same conforms to the requirements
of the Bulk Schedule and of the Parking Schedule, with the same force and effect as if such regulations
were set forth herein in full.
Accessory buildings shall be subject to the same requirements as §
280-15 of the Agricultural-Conservation District.