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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)
(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)
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)
RR RURAL RESIDENTIAL DISTRICT
This district is intended to protect a vigorous agricultural industry by limiting the areas in which the RR rural residential district can be used. The RR rural residential district, where permitted, shall generally be located where provisions can be made to adequately handle sewage disposal, where the value of the land for agricultural use is marginal, and where the water supply, roads and emergency services are easily and economically available. This district shall also coincide with the purpose of this zoning ordinance, § 158.002.
(1992 Code, App. F, § 4.01) (Ord. 10-06, passed 1-23-2006)
A building or premises shall be permitted to be used for the following purposes in the RR rural residential district:
(a) Single-family dwelling;
(b) Public facility owned or operated by a governmental agency; and
(c) Neighborhood utilities.
(1992 Code, App. F, § 4.02) (Ord. 10-06, passed 1-23-2006)
(a) Church, subject to, the building being adjacent to an arterial or collector street;
(b) Elementary and high school, subject to:
(1) One of the principal frontages of the premises shall abut upon an arterial or collector street; and
(2) The main building shall be set back 25 feet from the side lot line.
(c) Private park, playground or swimming pool; and
(d) Antenna support structure, subject to, stealth design approved by the county planning director.
(1992 Code, App. F, § 4.03) (Ord. 10-06, passed 1-23-2006)
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