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The boundaries of the districts are shown upon the maps which have been made a part hereof by reference. That part of the maps designating the different districts and their boundaries and that part of the legend designating the symbols for each district shall have the same force and effect as if they were all fully set forth herein. Other notations and references thereon are for information only.
(1992 Code, App. F, § 2.04) (Ord. 10-06, passed 1-23-2006)
Where uncertainty exists with respect to the boundaries of the various districts shown on the district map accompanying and made a part of these regulations by reference, the following rules apply:
(a) The district boundaries are roads unless otherwise shown, and where the districts are bounded approximately by roads, the road shall be construed to be the boundary of the district.
(b) Where the property has been or may hereafter be divided into blocks and platted lots, the district boundary shall be construed to coincide with the nearest platted lot lines; and where the districts are bounded approximately by platted lot lines, the platted lot lines shall be construed be the boundary of the district, unless the boundaries are otherwise indicated on the maps by legal description.
(c) In unplatted property, the district boundary lines shall be determined by use of the scale appearing on the map, unless the boundaries are otherwise indicated on the maps by legal description.
(1992 Code, App. F, § 2.05) (Ord. 10-06, passed 1-23-2006)
Whenever any street, road or other public way is vacated, the zoning district adjoining each side of the street, road or other public way is extended to the center of the vacation; and all area included in the vacation shall then an henceforth be subject to the appropriate regulations of the extended districts.
(1992 Code, App. F, § 2.06) (Ord. 10-06, passed 1-23-2006)
All land coming within the jurisdiction of these regulations shall be based upon existing zoning classification, pursuant to the Lincoln County zoning ordinance, until otherwise changed by ordinance.
(1992 Code, App. F, § 2.07) (Ord. 10-06, passed 1-23-2006)
A-1 AGRICULTURAL DISTRICT
It shall be the intent of this district to provide for a vigorous agricultural industry by preserving for agricultural production those prime agricultural lands beyond the area of planned urban development. It is recognized that because of the nature of both agricultural activities and residential subdivisions, that these two uses are generally poor neighbors and therefore the concentration of housing in the A-1 agricultural district shall be discouraged.
(1992 Code, App. F, § 3.01) (Ord. 10-06, passed 1-23-2006)
A building or premises shall be permitted to be used for the following purposes in the A-1 agricultural district:
(a) Agriculture;
(b) (1) A single-family dwelling if the following provisions for building eligibility are met.
(2) Each quarter-quarter section shall have one building eligibility when all the following conditions are met.
A. There are no other dwellings on the quarter-quarter section.
B. The building site shall be a minimum of one acre.
C. Approval has been granted by the appropriate governing entity for access onto a public road.
D. The remaining portion of the quarter-quarter section is retained as agricultural land or in its present use.
(c) Historical sites;
(d) Neighborhood utilities; and
(e) Antenna support structure.
(1992 Code, App. F, § 3.02) (Ord. 10-06, passed 1-23-2006)
(a) A building eligibility may be used within a farmstead provided:
(1) The building eligibility exists on property contiguous to and under the same ownership as the farmstead;
(2) There will be no more than two dwellings within the farmstead; and
(3) The residential structure may be a single-family dwelling, manufactured home or mobile home.
(b) Cemetery subject to: the cemetery shall contain an area of 20 acres or more or be an expansion of an existing cemetery. For purposes of this chapter, crematories and related mortuary services shall not be considered accessory to cemeteries; a chapel shall be considered as an accessory structure;
(c) Pet cemetery subject to a minimum area of two acres;
(d) Wind energy conversion system in conformance with § 158.272;
(f) Greenhouses and nurseries provided there is no retail sale of products conducted on the premises;
(g) A single-family dwelling located on a lot of record in accordance with the following:
(1) A lot of record consisting of less than 80 acres and containing no other dwellings shall have one building eligibility;
(2) A lot of record consisting of 80 acres or more shall qualify for building eligibility as follows:
A. The acreage of the lot of record shall be divided by 40 acres. The resulting whole number minus the number of existing dwellings on the parcel shall represent building eligibility; and
B. If there is more than one building eligibility, each additional building site shall be required to obtain a conditional use permit.
(3) Approval must be granted by the appropriate governing entity for access onto the public road; and
(4) Any parcel conveyed from a lot of record must be a minimum of one acre. The remaining portion of the lot shall be retained as agricultural land or in its present use.
(h) Telecommunications tower, subject to:
(1) There shall be a minimum setback of 600 feet from the tower base to any existing residence or proposed residential development area based on the county’s adopted land use plan except the farmstead residence on the proposed site. Building structures must meet county setback requirements. Towers shall be no more than 200 feet in height. Towers exceeding 200 feet may be considered, if FCC and FAA approval is received; and
(2) Stealth design approved by the county planning director.
(i) Church, subject to, the building being adjacent to an arterial or collector street.
(1992 Code, App. F, § 3.03) (Ord. 10-06, passed 1-23-2006)
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