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§ 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)
§ 158.039 ACCESSORY USES.
   Accessory uses and buildings permitted in the A-1 agricultural district are buildings and uses customarily incident to any permitted use in the district.
(1992 Code, App. F, § 3.05) (Ord. 10-06, passed 1-23-2006)
§ 158.040 PARKING REGULATIONS.
   All parking within the A-1 agricultural district shall be regulated in conformance with the provisions of §§ 158.295 through 158.299.
(1992 Code, App. F, § 3.06) (Ord. 10-06, passed 1-23-2006)
§ 158.041 SIGN REGULATIONS.
   Signs within the A-1 agricultural district shall be regulated in conformance with the provisions of §§ 158.310 through 158.318.
(1992 Code, App. F, § 3.07) (Ord. 10-06, passed 1-23-2006)
§ 158.042 DENSITY, AREA, YARD AND HEIGHT REGULATIONS.
   The maximum height and minimum lot requirements within the A-1 agricultural district shall be as follows.
   (a)   General requirements.
Front yard
30 feet**
Lot area
1 acre*
Lot width
125 feet
Maximum height
35 feet***
Rear yard
30 feet
Side yard
7 feet
*   Unless a larger lot size is required by the granting of a conditional use permit.
**   The front yard on a major arterial street or section line road shall be 50 feet.
***   There shall be no height limit for accessory farm structures or wind energy conversion systems except in the airport approach zone.
 
   (b)   There shall be a required front yard on each street of a double frontage lot.
   (c)   If a lot of record has less area or width than herein required and its boundary lines along the entire length abutted lands under other ownership on August 3, 1995, and have not since been changed, the parcel of land may be used for any use permitted in this district.
   (d)   Buildings with side yard setbacks less than required herein may have additions erected in line with the existing building and provided further that the additions will be erected no closer to the lot line than the existing building.
(1992 Code, App. F, § 3.08) (Ord. 10-06, passed 1-23-2006)
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