[Amended 8-26-2013 by Ord. No. 744]
A. Specific intent. The intent of the Agricultural Preservation District
is as follows:
(1) To protect and promote the continuation of agriculture in areas with
primary agricultural lands, per the Governor's executive order of
March 20, 2003. Those areas being preserved are farmland, farmland
in agricultural security areas, farmland enrolled in Act 319 of 1974,
as amended (clean and green) or Act 515 of 1996, as amended, and land
capability classes I, II, III and IV and other soils of statewide
importance as defined by the Natural Resources Conservation Service.
(2) To support the Governor's executive order regarding the irreversible
conversion of primary agricultural land to uses that result in its
loss as an environmental and essential food and fiber resource across
the Commonwealth of Pennsylvania.
(3) To strengthen and preserve strong agricultural activity where farming
is a viable component of the local economy.
(4) To promote agricultural land uses and activities and other uses and
activities which act in direct support of agriculture.
(5) To protect and stabilize the essential characteristics of these areas,
to minimize conflicting land uses detrimental to agriculture enterprises,
and to limit development which requires highway and other public facilities
in excess of those required by agricultural uses.
(6) To maintain, protect and stabilize agriculture as an ongoing economic
activity by permitting only those land uses and activities which are
either agricultural in nature or act in direct support of agriculture.
(7) To enhance the economic viability of agricultural operations by allowing
compatible low-impact businesses as supplemental uses on properties.
(8) To maintain the land resource base, that is, agricultural parcels
or farms in sizes which will permit efficient, profitable agricultural
operations.
(9) To keep separate agricultural land use and activities from incompatible
residential, commercial and industrial development, and public facilities.
(10)
The regulations set forth in this section seek to achieve the
protection of land for agricultural purposes, which is a legitimate
zoning objective under the Municipalities Planning Code.
(11)
To further §§ 603(b) (5) and 604(3) of the Municipalities Planning Code, which direct that
zoning ordinance contain provisions designed to "preserve prime agriculture
and farmland considering topography, soil type and classification,
and present use."
(12)
To fully recognize that farming and agriculture activities are
the highest best and a fully developed land use.
(13)
To put into action the goals of the Joint Comprehensive Plan
for Amity Township, Exeter Township and St. Lawrence Borough that
contains the intent to preserve agriculture and farmlands.
B. Permitted by right. Land and buildings in an AP District may be used for the following purposes and no others unless a special exception as provided for in Subsection
C or conditional use per Subsection
D is granted:
(1) All forms of agriculture, horticulture, animal husbandry and dairy farming, except intensive agricultural activities as defined in §
390-6, subject to §
390-32.
(2) Nurseries and greenhouses.
(3) Forestry activities, including but not limited to timber harvesting per §
390-56.
(4) Farm dwelling, subject to:
(a)
Farm dwellings shall be limited to single-family detached dwellings.
No more than two dwelling units shall be permitted per 40 acres of
farm. The total number of dwellings shall not exceed two.
(b)
If constructed, a farm dwelling shall be constructed on a farm
which is a minimum of 40 acres in size; however, if a farm less than
40 acres in size existed at the time of the enactment of the Exeter
Township Zoning Ordinance of 2010, a farm dwelling shall be permitted
on that farm.
(c)
Subsequent to the construction of a farm dwelling, the farm
dwelling shall remain in the same ownership as the farm on which it
was constructed.
(5) A single-family detached dwelling on an existing lot (i.e., existing
as of the date of the enactment of the Exeter Township Zoning Ordinance
of 2010 that is less than 10 acres).
(6) Roadside stands for the sale of farm products grown on the premises per §
390-32A(8).
(7) No-impact home-based business subject to §
390-39.
(8) Farm-related business necessary to the conduct of agricultural activities,
such as the sale of seed and fertilizer and the sale and repair of
farm and garden machinery, subject to:
(a)
The conduct of the business on a farm shall be secondary to
the use of the farm for agricultural activities.
(9) Processing of farm products, where such use is accessory to the raising
or growing of such products and is located on the farm property.
(11)
Woodland or game preserves, wildlife sanctuary or similar conservation
use.
(13)
Accessory uses and structures to the above permitted uses, when on the same lot as the permitted use, per §§
390-29 and
390-30.
(17)
Rural business as listed below:
(b)
Equine facilities, riding stable, riding school, commercial
boarding stable, include accessory uses, such as arenas, corrals,
and exercise tracks.
(c)
Rural farm market, grocery stores and agricultural-related sales
(sales area less than or equal to 2,000 square feet unless the structure
existed prior to enactment of this chapter).
(e)
Rural sawmill or planing mill or retail firewood operation.
(f)
Blacksmith shops, farrier, harness making.
(h)
Agritainment activities such as corn mazes and hayrides pursuant
to temporary permits issued by the Zoning Officer.
(18) Non-tower wireless communications facilities, provided the collocation, modification, or replacement does not result in a substantial change, and per §
390-71.8 regulations.
[Added 8-10-2020 by Ord. No. 835]
(19) Small wireless communications facilities, per §
390-71.8 regulations.
[Added 8-10-2020 by Ord. No. 835]
C. Uses permitted by special exception. The following uses are permitted when special exceptions are granted by the Zoning Hearing Board in accordance with §
390-96H:
(1) Intensive agricultural activities, subject to the applicable requirements of §
390-32.
(2) Repurposed buildings (existing agricultural structure converted to
residence).
(3) Accessory uses and structures to the above permitted uses when on the same lot as the permitted use per §§
390-29 and
390-30.
D. Uses permitted by conditional use. The following uses are permitted when a conditional use is approved by the Board of Supervisors in accordance with §
390-90:
(2) Seasonal outdoor recreational activities subject to §
390-33.
(3) Outdoor recreation uses including parks (except amusement parks), playgrounds, picnic grounds, horse riding trails and academies, golf courses (except miniature golf courses and driving ranges), hiking trails, trails for nonmotorized bicycles, fishing, shooting and hunting clubs and areas, and camps (except campgrounds), subject to §
390-33.
(5) Rural farm market, grocery stores, and agricultural-related retail
sales (sales areas over 2,000 square feet are permitted, provided
that it is in an existing structure that existed prior to enactment
of this chapter).
(6) Accessory uses and structures to the above uses when on the same lot as the permitted use per §§
390-29 and
390-30.
(7) Non-tower wireless communications facilities when the collocation, modification, or replacement results in a substantial change and per §
390-71.8 regulations.
[Added 8-10-2020 by Ord. No. 835]
E. Area, yard and height regulations.
[Amended 11-26-2018 by Ord. No. 812]
Agricultural Preservation District
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Maximum Permitted
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Building height – principal building
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Farm buildings and structures (nonresidential)
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No restriction*
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Residential buildings
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40 feet*
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All other buildings and structures
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65 feet*
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Maximum impervious coverage
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20%
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Minimum Requirements
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Lot area
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40 acres
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Lot width
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At street line
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400 feet
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At setback line
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400 feet
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Minimum Requirements
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Building setback
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75 feet
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Rear yard
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75 feet
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Side yard
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Maximum Permitted
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Total
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100 feet
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One side
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50 feet
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Open area
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80%
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*NOTE: May be further limited by International Building Code,
Table 503.
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F. Performance standards. All uses permitted in the AP District shall provide off-street parking; however, they are exempt from the requirements as outlined in §
390-37.
Eligibility for the RVO (Stonersville) District is extended
to the properties designated as such on the Township Zoning Map.
A. Specific intent. It is the purpose of this overlay to provide an
elective alternative to the regulations otherwise applicable in the
portion of the underlying zoning district where the RVO is eligible
to be used and to recognize the historical uses in this area of the
Township and to permit a mix of agricultural use, residential use
and low-impact commercial use intended to serve the needs of the residents
while recognizing the limitations imposed by the absence of public
water and public sewer facilities. Specific objectives of this overlay
shall be:
(1) Preservation of the historic, rural character of the village of Stonersville
by allowing future development that is compatible in scale, density
and setbacks with current village uses.
(2) Accommodation of limited expansion of the village while maintaining
the traditional village development pattern.
(3) Accommodation of limited expansion through dual use (residential
and commercial) of structures consistent with traditional village
uses.
(4) Accommodation of limited expansion consistent with the availability
of potable on-site water supplies and on-site sewage disposal system(s)
that meet all applicable DEP standards.
(5) Preservation of historic and traditional structures within the village
through flexible use/adaptive re-use and flexible design standards.
B. Uses permitted by right, in addition to uses permitted by right in the underlying zoning district. Land and buildings in a RVO (Stonersville) District may be used for the following purposes and no others unless a special exception as provided for in Subsection
C or conditional use as provided for in Subsection
D is granted:
(1) Single-family detached dwelling (including single-farm dwelling)
if permitted by right in the underlying zoning district, and shall
comply with all dimensional requirements in the underlying zoning
district, including, without limitation, the area, yard and height
requirements of the underlying zoning district.
(2) All forms of agriculture, horticulture, animal husbandry and dairy farming, except intensive agricultural activities as defined in §
390-6, subject to §
390-32.
(3) Plant nurseries and greenhouses.
(4) Forestry activities, including, but not limited to, timber harvesting per §
390-56.
(5) Woodland or game preserve, wildlife sanctuary or similar conservation
use.
(6) Retail sales subject to the following:
[Amended 12-10-2012 by Ord. No. 733]
(a)
Drive-through sales or service is not permitted.
(b)
The proposed retail use:
[1]
Shall not alter the essential character of the neighborhood
or district in which the property is located;
[2]
Shall not substantially impair the appropriate use or development
of an adjacent property; and
[3]
Shall not be detrimental to the character of the surrounding
neighborhood.
(c)
Vehicle fueling operations are not permitted.
(d)
Adult bookstores are not permitted.
(7) Banks, savings and loan associations, finance companies and similar
types of businesses subject to the restriction that drive-through
services are not permitted.
(8) Business, professional or governmental offices or studios.
(9) Personal and household services, such as, but not limited to, barbershops,
beauty shops, laundromats, laundry and dry cleaning shops, tailor
and seamstress shops, and shoe and appliance repair shops.
(10)
Multiple- and single-family residential use above a business/professional
office or retail use ("dual use") subject to the following:
(a)
Each dwelling unit shall contain at least 500 square feet of
indoor living space and shall include a kitchen and a private bathroom.
(b)
The density shall not exceed two dwelling units per acre (two
DU/acre).
(c)
When an on-lot sewage disposal system is to be used, the applicant
shall possess a valid Exeter Township Sewage Enforcement Officer permit
verifying that the existing or proposed sewage system can accommodate
the maximum potential usage and that an appropriate site for a replacement
system is available should the system fail.
(d)
Off street parking requirements shall be met for each dual use
separately.
(e)
The residential dwelling unit, or at least one of the dwelling
units in a multiple unit structure, must be occupied by the owner
or manager of the business use located below the residence(s).
(11)
Roadside stands for the sale of farm products grown on the premises per §
390-32A(8).
(12)
Farm-related business necessary to the conduct of agricultural
activities, such as the sale of seed and fertilizer and the sale and
repair of farm machinery, subject to the following:
(a)
The business shall be conducted on a farm.
(b)
The business shall be conducted only by the proprietor of the
farm on which the business is located or by a person employed on that
farm for the purpose of participating in the conduct of agricultural
operations.
(c)
The conduct of the business shall be secondary to the use of
the farm for agricultural activities.
(13)
Butcher shops, bakeries, and similar establishments where products
are not consumed on site.
(15)
No-impact home-based business subject to §
390-39.
(18)
Accessory uses and structures to the above-permitted uses, when on the same lot as the permitted use, per §§
390-29 and
390-30.
C. Uses permitted by special exception in addition to the uses permitted
by special exception in the underlying zoning district.
(1) The following uses are permitted when special exceptions are granted by the Zoning Hearing Board in accordance with §
390-96H and the following requirements:
(a)
The minimum lot size for a use permitted by special exception
in the underlying AP Zoning District shall be 10 acres.
(b)
The minimum lot size for a use permitted by special exception
in the underlying R Zoning District shall be one acre.
(2) Special exception uses.
(a)
Churches or similar places of worship.
(b)
State licensed day-care center and nursery school.
(c)
Outdoor recreation uses, including parks (except amusement parks),
playgrounds, picnic grounds, horse riding trails and academies, golf
courses (except miniature golf courses and driving ranges), swimming
areas and pools, hiking trails, trails for nonmotorized bicycles,
boating, and fishing.
(e)
Single-family detached dwelling if permitted by special exception
in the underlying zoning district, and shall comply with all requirements
in the underlying zoning district including without limitation, the
area, yard and height requirements of the underlying zoning district.
(f)
Accessory uses and structures to the above-permitted uses when on the same lot as the permitted use per §§
390-29 and
390-30.
D. Uses permitted by conditional use in addition to the uses permitted by conditional use in the underlying zoning district. The following uses are permitted when a conditional use is approved by the Board of Supervisors in accordance with §
390-90:
(2) Seasonal outdoor recreational activities subject to §
390-33.
(3) Hotels subject to the following:
(a)
There shall be no cooking facilities or laundry facilities in
any guest room as would require fire suppression systems by the Department
of Agriculture.
(b)
Overnight lodging accommodations shall not exceed 30 consecutive
nights per patron.
(c)
When an on-lot sewage disposal system is to be used, the applicant
shall possess a valid Exeter Township Sewage Enforcement Officer permit
verifying that the existing or proposed sewage system can accommodate
the maximum potential usage and that an appropriate site for a replacement
system is available should the system fail.
(4) Restaurants, taverns and similar types of establishments subject
to the following:
(a)
Cabarets are not permitted.
(b)
Drive-through restaurants are not permitted.
(c)
When an on-lot sewage disposal system is to be used, the applicant
shall possess a valid Exeter Township Sewage Enforcement Officer permit
verifying that the existing or proposed sewage system can accommodate
the maximum potential usage and that an appropriate site for a replacement
system is available should the system fail.
(5) Automotive service and repair facilities subject to the following:
(a)
Vehicle fueling operations are not permitted.
(b)
All service and repair activities shall be performed within
an enclosed building.
(c)
All outdoor storage shall be screened from view in such a manner that the outdoor storage of materials is not visible from adjoining properties or public streets pursuant to §
390-31 of this chapter.
(d)
Retail sales of vehicles are not permitted.
(6) Accessory uses and structures to the above uses when on the same lot as the permitted use per §§
390-29 and
390-30.
E. Area, yard and height regulations.
|
Rural Village Overlay
Stonersville
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AP District
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R District
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Maximum building height — principal building
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Farm buildings or structures (nonresidential)
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No restriction
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No restriction
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All other buildings or structures
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35 feet
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35 feet
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Maximum impervious cover
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(Structures and paved areas)
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|
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Agricultural uses, including farm dwelling
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20% of lot area
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20% of lot area
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Residential uses
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(See paved area limitation in § 390-12E)
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(See paved area limitation in § 390-13E)
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Nonresidential and dual uses
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30% of lot area
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30% of lot area
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Minimum lot area
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40 acres
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1 acre
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Minimum building setback
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25 feet
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25 feet
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Minimum rear yard
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30 feet
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30 feet
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Minimum side yard — RVO (Stonersville)
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Agricultural uses total
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100 feet
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50 feet
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Agricultural uses one side
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50 feet
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25 feet
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All other uses total
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40 feet
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40 feet
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All other uses one side
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20 feet
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20 feet
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Minimum open area
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|
|
|
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Agricultural uses
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80% of lot area
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80% of lot area
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|
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Residential uses
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|
|
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Nonresidential and dual uses
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70% of lot area
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70% of lot area
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F. Environmental performance standards. See §
390-35.
G. Design standards. In addition to the design standards defined in §
390-35, the following design standard shall apply to all uses in the RVO district:
(1) No more than three of the allowed uses nor more than three different
commercial enterprises shall be allowed in a single building or on
a single lot.
Eligibility for the RVO (Limekiln) District is extended to the
properties designated as such on the Township Zoning Map.
A. Specific intent. It is the purpose of this overlay to provide an
elective alternative to the regulations otherwise applicable in the
portion of the underlying zoning district where the RVO (Limekiln)
is eligible to be used and to recognize the historical uses in this
area of the Township and to permit a mix of agricultural use, residential
use and low-impact commercial use intended to serve the needs of the
residents while recognizing the limitations imposed by the absence
of public water and public sewer facilities. Specific objectives of
this overlay shall be:
(1) Preservation of the historic, rural character of the village of Limekiln
by allowing future development that is compatible in scale, density
and setbacks with current village uses.
(2) Accommodation of limited expansion of the village while maintaining
the traditional village development pattern.
(3) Accommodation of limited expansion through dual use (residential
and commercial) of structures consistent with traditional village
uses.
(4) Accommodation of limited expansion consistent with the availability
of potable on-site water supplies and on-site sewage disposal system(s)
that meet all applicable DEP standards.
(5) Preservation of historic and traditional structures within the village
through flexible use/adaptive re-use and flexible design standards.
B. Uses permitted by right, in addition to uses permitted by right in the underlying zoning district. Land and buildings in a RVO District may be used for the following purposes and no others unless a special exception as provided for in Subsection
C or conditional use as provided for in Subsection
D is granted:
(1) Single-family detached dwelling (including single-farm dwelling)
if permitted by right in the underlying zoning district, and shall
comply with all dimensional requirements in the underlying zoning
district, including, without limitation, the area, yard and height
requirements of the underlying zoning district.
(2) All forms of agriculture, horticulture, animal husbandry and dairy farming, except intensive agricultural activities as defined in §
390-6 subject to §
390-32.
(3) Plant nurseries and greenhouses.
(4) Forestry activities, including, but not limited to, timber harvesting per §
390-56.
(5) Woodland or game preserve, wildlife sanctuary or similar conservation
use.
(6) Retail sales subject to the following:
[Amended 12-10-2012 by Ord. No. 733]
(a)
Drive-through sales or service is not permitted.
(b)
The proposed retail use:
[1]
Shall not alter the essential character of the neighborhood
or district in which the property is located;
[2]
Shall not substantially impair the appropriate use or development
of an adjacent property; and
[3]
Shall not be detrimental to the character of the surrounding
neighborhood.
(c)
Vehicle fueling operations are not permitted.
(d)
Adult bookstores are not permitted.
(7) Banks, savings and loan associations, finance companies and similar
types of businesses subject to the restriction that drive-through
services are not permitted.
(8) Business, professional or governmental offices or studios.
(9) Personal and household services, such as, but not limited to, barbershops,
beauty shops, laundromats, laundry and dry cleaning shops, tailor
and seamstress shops, and shoe and appliance repair shops.
(10)
Multifamily and single-family residential use above a business/professional
office or retail use ("dual use") subject to the following:
(a)
Each dwelling unit shall contain at least 500 square feet of
indoor living space and shall include a kitchen and a private bathroom.
(b)
The density shall not exceed two dwelling units per acre (two
DU/acre).
(c)
When an on-lot sewage disposal system is to be used, the applicant
shall possess a valid Exeter Township Sewage Enforcement Officer permit
verifying that the existing or proposed sewage system can accommodate
the maximum potential usage and that an appropriate site for a replacement
system is available should the system fail.
(d)
Off-street parking requirements shall be met for each individual
use comprising a dual use separately.
(e)
The residential dwelling unit, or at least one of the dwelling
units in a multiple unit structure, must be occupied by the owner
or manager of the business use located below the residence(s).
(11)
Roadside stands for the sale of farm products grown on the premises per §
390-32A(8).
(12)
Farm-related business necessary to the conduct of agricultural
activities, such as the sale of seed and fertilizer and the sale and
repair of farm machinery, subject to the following:
(a)
The business shall be conducted on a farm.
(b)
The business shall be conducted only by the proprietor of the
farm on which the business is located or by a person employed on that
farm for the purpose of participating in the conduct of agricultural
operations.
(c)
The conduct of the business shall be secondary to the use of
the farm for agricultural activities.
(13)
Butcher shops, bakeries, and similar establishments where products
are not consumed on site.
(15)
No-impact home-based business subject to §
390-39.
(18)
Accessory uses and structures to the above permitted uses, when on the same lot as the permitted use, per §§
390-29 and
390-30.
C. Uses permitted by special exception in addition to the uses permitted
by special exception in the underlying zoning district.
(1) The following uses are permitted when special exceptions are granted by the Zoning Hearing Board in accordance with §
390-96H and the following requirements:
(a)
The minimum lot size for a use permitted by special exception
in the underlying AP Zoning District shall be 10 acres.
(b)
The minimum lot size for a use permitted by special exception
in the underlying RC Zoning District shall be three acres.
(2) Special exception uses.
(a)
Churches or similar places of worship.
(b)
State licensed day-care center or nursery school.
(c)
Outdoor recreation uses, including parks (except amusement parks),
playgrounds, picnic grounds, horse riding trails and academies, golf
courses (except miniature golf courses and driving ranges), swimming
areas and pools, hiking trails, trails for nonmotorized bicycles,
boating, and fishing.
(e)
Single-family detached dwelling if permitted by special exception
in the underlying zoning district, and shall comply with all requirements
in the underlying zoning district including without limitation, the
area, yard and height requirements of the underlying zoning district.
(f)
Accessory uses and structures to the above permitted uses when on the same lot as the permitted use per §§
390-29 and
390-30.
D. Uses permitted by conditional use in addition to the uses permitted by conditional use in the underlying zoning district. The following uses are permitted when a conditional use is approved by the Board of Supervisors in accordance with §
390-90:
(2) Seasonal outdoor recreational activities subject to §
390-33.
(3) Hotels, subject to the following:
(a)
There shall be no cooking facilities or laundry facilities in
any guest room as would require fire suppression systems by the Department
of Agriculture.
(b)
Overnight lodging accommodations shall not exceed 30 consecutive
nights per patron.
(c)
When an on-lot sewage disposal system is to be used, the applicant
shall possess a valid Exeter Township Sewage Enforcement Officer permit
verifying that the existing or proposed sewage system can accommodate
the maximum potential usage and that an appropriate site for a replacement
system is available should the system fail.
(4) Restaurants, taverns and similar types of establishments subject
to the following:
(a)
Cabarets are not permitted.
(b)
Drive-through restaurants are not permitted.
(c)
When an on-lot sewage disposal system is to be used, the applicant
shall possess a valid Exeter Township Sewage Enforcement Officer permit
verifying that the existing or proposed sewage system can accommodate
the maximum potential usage and that an appropriate site for a replacement
system is available should the system fail.
(5) Automotive service and repair facilities subject to the following:
(a)
Vehicle fueling operations are not permitted.
(b)
All service and repair activities shall be performed within
an enclosed building.
(c)
All outdoor storage shall be screened from view in such a manner that the outdoor storage of materials is not visible from adjoining properties or public streets, pursuant to §
390-31 of this chapter.
(d)
Retail sales of vehicles are not permitted.
(6) Accessory uses and structures to the above uses when on the same lot as the permitted use per §§
390-29 and
390-30.
E. Area, yard and height regulations.
|
Rural Village Overlay
Limekiln
|
---|
|
|
AP District
|
RC District
|
---|
|
Maximum building height — principal building
|
|
|
|
|
Farm buildings and structures (nonresidential)
|
No restriction
|
No restriction
|
|
|
All other buildings and structures
|
35 feet
|
35 feet
|
|
Maximum impervious cover (structures and paved areas)
|
|
|
|
|
Agricultural uses including farm dwelling
|
20% of lot area
|
10% of lot area
|
|
|
Residential uses
|
(See paved area limitation in § 390-12E)
|
(See paved area limitation in § 390-11E)
|
|
|
Nonresidential and dual uses
|
30% of lot area
|
30% of lot area
|
|
Minimum lot area
|
40 acres
|
3 acres
|
|
Minimum building setback
|
25 feet
|
25 feet
|
|
Minimum rear yard
|
30 feet
|
30 feet
|
|
Minimum side yard — RVO (Limekiln)
|
|
|
|
|
Agricultural uses total
|
100 feet
|
50 feet
|
|
|
Agricultural uses one side
|
50 feet
|
25 feet
|
|
|
All other uses total
|
40 feet
|
40 feet
|
|
|
All other uses one side
|
20 feet
|
20 feet
|
|
Minimum open area
|
|
|
|
|
Agricultural uses
|
80% of lot area
|
80% of lot area
|
|
|
Residential uses
|
|
|
|
|
Nonresidential and dual uses
|
70% of lot area
|
70% of lot area
|
F. Environmental performance standards. See §
390-35.
G. Design standards. In addition to the design standards defined in §
390-34, the following design standard shall apply to all uses in the RVO (Limekiln) District:
(1) No more than three of the allowed uses nor more than three different
commercial enterprises shall be allowed in a single building or on
a single lot.