(a) Purpose. The purpose of the municipal transition district (MTD) is to provide regulations that protect and preserve the natural scenic beauty of the county while allowing the orderly development of land that requires public municipal water and sewer services to be located near municipalities. It is the intent of these regulations that development in the municipal transition district shall be in harmony with local development plans, site regulations and specifications, and shall preserve to the extent possible, the natural beauty and character of the district and the county as a whole.
(b) Applicability. Municipal transition districts shall be appropriately located and adjacent to the counties municipalities and be so defined as that area that can be reasonably serviced by the future extension of the municipalities water and sewer systems. The boundaries of the municipal transition district are established as shown on the official zoning atlas which is on file and available in the county offices.
(c) Permitted uses.
(1) In addition to the uses permitted in the underlying zoning district, the following uses are permitted as a principal use in the municipal transition district:
a. Residential development at a density of 2.5 dwelling units per acre of gross land area.
b. Residential development at a density of 4.0 dwelling units per acre of gross land area.
(2) The following standards shall apply:
a. All dwelling units must be connected to a county or municipal water supply and sanitary sewer system, or an alternative sanitary sewer system acceptable to the county.
b. All 4.0 units per acre developments must be located on an arterial or collector street as identified in the county design manual.
c. Minimum building setback requirements:
1. The minimum building setback for a 2.5 unit per acre development shall be 25 feet from any street right-of-way and ten feet from any interior lot line.
2. The minimum building setback for a 4.0 unit per acre development shall be five feet from any street right-of-way and interior lot line.
3. The minimum building setback from any access easement shall be 15 feet.
(3) A zero lot line is allowed whereby a structure is allowed with no setback from one interior lot line as long as the minimum building setback for the corresponding opposite interior lot line is a minimum of 20 feet for a 2.5 unit per acre development and ten feet for a 4.0 unit per acre development.
(d) Provision of common open space or recreation area requirements.
(1) Minimum common open space or recreation area. All residential development within the municipal transition district shall provide or dedicate open space or recreation areas suitable for the resident's common passive recreational use, or make a payment in lieu of provision or dedication. The total open space or recreation land area shall be at least ten percent of the total gross land area of the development. A 60-foot buffer area shall be provided along the site's frontage with an arterial or collector road as defined in the county design manual; this buffer area may be counted as part of the developments common open space requirement. If applicable, all wetlands and/or riparian buffer areas shall be designated as common open space. In developments containing wetlands and/or riparian buffer areas, at least one-half of the ten percent common open space dedication shall be provided outside of wetlands and/or riparian buffer areas.
(2) Method of provision or dedication. Land provided or dedicated for open space or recreation purposes shall be designated on a final plat duly recorded with the county register of deeds. Such open space land can be dedicated or deeded to an appropriate public body, land trust, or nonprofit, or for-profit organization established for the purpose of land conservation or recreational purposes; or create a neighborhood or homeowners' association for the continuing maintenance and control of common open space or recreation area.
(3) Payments in lieu of provision or dedication. In lieu of providing or dedicating common open space or recreation area required pursuant to this section, a developer of a subdivision or planned development may choose to make a payment to the county whereby the county may acquire common open space land. The county shall use such payment only for the acquisition or development of open space, recreation, or park sites to serve residents of the county. The amount of the payment shall be the product of the total number of lots or dwelling units proposed times $800.00. The developer shall make the payment before approval of a final plat or issuance of a land use permit; provided however, that the planning director may allow phasing of payments consistent with the approved phasing of the development.
(Ord. of 7-10-2000, § 4.5.5; Ord. of 7-9-2001; Amend of 7-12-04, § B))