§ 158.038  CONDITIONAL USES.
   A building or premises may be used for the following purposes in the A-1 agricultural district if a conditional use permit has been obtained in conformance with the requirements of §§ 158.370 through 158.382:
   (a)   Rock, sand and gravel extraction in conformance with § 158.280;
   (b)   Mineral exploration in conformance with § 158.274;
   (c)   Airport/heliport;
   (d)   A single-family dwelling on a parcel which is not a lot of record provided:
      (1)   The deed to the land or the agreement to convey the parcel was recorded with the Lincoln County register of deeds prior to August 3, 1995;
      (2)   There are no other dwellings located on the parcel, except a parcel of 80 acres or more shall have building eligibility determined as follows:
         A.   The acreage of the parcel shall be divided by 40 acres. The resulting whole number minus the number of existing dwellings on the parcel shall represent the building eligibility; and
         B.   Each building site shall consist of a minimum of one acre.
      (3)   The building site shall not conflict with other existing or potential land use activities or the prevailing pattern of development;
      (4)   The soil conditions are acceptable for a building site; and
      (5)   Approval has been granted by the appropriate governing entity for access onto a public road.
   (e)   Group day care;
   (f)   Private campground;
   (g)   Garden center;
   (h)   Kennel;
   (i)   Stable;
   (j)   Roadside stand;
   (k)   Golf course, golf driving range;
   (l)   Private outdoor recreation facility;
   (m)   Solid waste transfer station, rubble dump, commercial compost site;
   (n)   Electrical substation;
   (o)   Public utility facility;
   (p)   The transfer of building eligibility from one parcel to another parcel all the following conditions are met:
      (1)   The transfer of building eligibility shall occur only between contiguous parcels under the same ownership;
      (2)   Suitability as a building site based on the following factors:
         A.   Agricultural productivity of the soil;
         B.   Soil limitations; and
         C.   Orientation of the building site(s) with respect to road circulation and access to public rights-of-way.
      (3)   The minimum lot size shall be one acre but a larger area may be required when soil conditions warrant;
      (4)   The parcel from which the eligibility is transferred shall continue as agricultural land or remain in its present use; and
      (5)   Approval has been granted by the appropriate governing entity for access onto a public road.
   (q)   Public facility owned and operated by a governmental entity;
   (r)   Bed and breakfast establishment;
   (s)   Broadcast tower;
   (t)   Crematories; and
   (u)   Mortuary services.
(1992 Code, App. F, § 3.04)  (Ord. 10-06, passed 1-23-2006)