(A) Authority. The Planning and Zoning Commission may, in the exercise of its discretion, approve the transfer of residential building lot yield across zoning lines of the A and C Districts, provided the tracts or parcels are contiguous and in common ownership.
(B) Restrictions.
(1) If residential lot yield is transferred across zoning lines of the A and C Districts, no further subdivision of the resulting land or lots may be approved for any purpose.
(2) The Planning and Zoning Commission may, in the exercise of its discretion, require that residential lot yield derived from the C District be clustered subject to the conditions set forth in this section and § 155.036(B).
(C) Conditions. The subdivision lots shall be clustered subject to the following conditions which supersede the requirements of § 158.071.03.
(1) Objectives. The transfer shall achieve one or more of the following objectives:
(a) Avoid development on high quality agricultural soils;
(b) Increase the acreage, soil quality, or contiguity of the unimproved portions of the parcel remaining after subdivision;
(c) Reduce development impacts to sensitive environmental features or ground or surface water quality; or
(d) Ensure that the undeveloped portion of the parcel remaining after subdivision and development comprises a more desirable piece of farmland for purposes of production or ownership.
(2) Minimum/maximum. Individual lots shall be a minimum of one acre and a maximum of two acres in size with a minimum lot width of 150 feet. The front yard shall be at least 40 feet, the side yards shall be at least 20 feet, and the rear yard shall be at least 50 feet. Lots shall be designed to maximize the resulting land, which is defined as the land derived from the reduction from the three-acre minimum lot area requirement of the C District.
(3) Total number. The total number of lots and dwelling units shall not exceed the number that would be permitted if the area would be developed in conformance with its topographic characteristics, percolation requirements, and normal minimum lot size requirements. If one or more lots proposed for transfer are located on soils or slopes questionable in their ability to pass a percolation test, the Planning and Zoning Commission may require percolation tests as needed to determine the number of lots that would be viable without the transfer option.
(4) Clustering. All individual lots shall be clustered and arranged to minimize potential environmental or agricultural resource degradation. Lot clustering and arrangement shall be dependent on the physical characteristics of the site.
(5) No further subdivision. Residential lots may not be further subdivided. The record plat shall contain a general note indicating the restriction against further subdivision.
(6) Disposition of resulting land.
(a) The developer and/or property owner shall offer the resulting land to the county for right of first refusal. If accepted by the county, the property owner shall convey the resulting land to the county by deed approved by the County Attorney at the time of recordation of the subdivision plat.
(b) If the county does not accept the resulting land, the developer may elect to allow the resulting land to be owned in common among the residents of the subdivision or to recombine the resulting land with one buildable lot in the subdivision to be owned privately.
(c) If the resulting land is to be owned in common among the residents of the subdivision, the developer shall establish a homeowners' association. Access to the resulting land shall be carefully designed and located to enable perpetual maintenance and accessibility.
(d) If the resulting land is to be recombined with a lot and owned privately, the resulting land may be used as allowed in the zoning district in which it is located. The resulting land shall be subject to any easement required by the County Code, subject to any modification deemed necessary by the County Commissioners to preserve the resulting land for agricultural purposes.
(e) The disposition of the resulting land shall be clearly set forth on the subdivision plat at the time of recordation.
(7) Easement. A permanent preservation or conservation easement, in a legal form satisfactory to the County Attorney, shall be executed for the remaining portion and resulting land and shall be noted as a condition of approval on the record plat. The easement shall restrict future subdivision and development on the remaining portion to one buildable lot right that may not be subdivided from the remaining portion.
(D) Procedure.
(1) The Planning and Zoning Commission shall consider the application of the transfer option at the concept phase of a residential subdivision plan.
(2) In determining whether or not to approve the transfer option, the Planning and Zoning Commission shall consider the following criteria:
(a) Avoidance of soil types that are best suited for agriculture;
(b) Reductions in impervious surfaces and stormwater runoff;
(c) Proximity of lots to potable water supplies;
(d) Reduced impacts to sensitive environmental features such as steep slopes, wetlands, floodplains, and forested areas;
(e) Reduction of ingress and egress points on public roadways; and
(f) Benefits of placing a permanent preservation or conservation easement on the remaining portion and resulting land.
(Ord. 2022-19, passed 10-20-2022)