§ 158.218 CONDITIONAL USES.

   A building or premises may be used for the following purposes in the RC recreation/conservation district if a conditional use permit for that use has been obtained in conformance with the requirements of §§ 158.370 through 158.382:

   (a)   Commercial recreation facility;

   (b)   Day or summer camp;

   (c)   Rifle and pistol range; trap shoot;

   (d)   Cemetery;

   (e)   Fairgrounds;

   (f)   Rock, sand and gravel extraction in conformance with § 158.280;

   (g)   A single-family dwelling to be used as a caretaker’s quarters 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 register of deeds prior to August 3, 1995;

      (2)   The building site is not in the 100-year floodplain as identified on the flood insurance rate map;

      (3)   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.

      (4)   The building site shall not conflict with other existing or potential land use activities or the prevailing pattern of development;

      (5)   The soil conditions are acceptable for a building site; and

      (6)   Approval has been granted by the appropriate governing entity for access onto a public road.

   (h)   Broadcast tower;

   (i)   The transfer of a building eligibility from one parcel to another parcel when all the following conditions are met:

      (1)   The transfer of a 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 building site is not in the 100-year floodplain as identified on the flood insurance rate map;

      (5)   The parcel from which the building eligibility is transferred shall continue as agricultural land or remain in its present use; and

      (6)   Approval has been granted by the appropriate governing entity for access onto a public road.

(1992 Code, App. F, § 12.04) (Ord. 10-06, passed 1-23-2006)

§ 158.219 ACCESSORY USES.

   Accessory uses permitted in the RC recreation/conservation district are accessory buildings and uses customarily incident to any permitted uses in this district.

(1992 Code, App. F, § 12.05) (Ord. 10-06, passed 1-23-2006)

§ 158.220 PARKING REGULATIONS.

   Parking within the RC recreation/conservation district shall be regulated in conformance with the provisions of §§ 158.295 through 158.299.

(1992 Code, App. F, § 12.06) (Ord. 10-06, passed 1-23-2006)

§ 158.221 SIGN REGULATIONS.

   Signs within the RC recreation/conservation district shall be regulated in conformance with the provisions of §§ 158.310 through 158.318.

(1992 Code, App. F, § 12.07) (Ord. 10-06, passed 1-23-2006)

§ 158.222 DENSITY, AREA, YARD AND HEIGHT REGULATIONS.

   (a)   The maximum height and minimum lot requirements within the RC recreation/conservation district shall be as follows.

   (b)   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.

 

(1992 Code, App. F, § 12.08) (Ord. 10-06, passed 1-23-2006)

PD PLANNED DEVELOPMENT DISTRICT

§ 158.235 INTENT.

   (a)   It is the intent of this district to provide flexibility from conventional zoning regulations with increased public review for PD planned development district projects in order to:

      (1)   Encourage well-planned, efficient development;

      (2)   Allow a planned and coordinated mix of land uses which are compatible and are harmonious, but previously discouraged by conventional zoning procedures;

      (3)   Encourage the redevelopment of contiguous large lot parcels into an integrated and orderly subdivision pattern, with particular attention to developing an efficient and coordinated network of internal streets;

      (4)   Promote the clustering of residential structures and other uses without increasing overall density of the development area in order to preserve unique and natural features such as woodlands, wetlands, natural drainage systems and scenic areas;

      (5)   Protect sensitive areas and areas with restrictive soil conditions within development areas through clustering of uses on land more suited for building;

      (6)   Reserve adequate public right-of-way within development areas for the eventual extension of arterial and collector streets, including proper width and spacing of the streets;

      (7)   Improve communication and cooperation among the county, townships, land developers and interested residents in the development of agricultural land and redevelopment of existing areas; and

      (8)   Development shall coincide with completion of proper municipal and utility improvements.

   (b)   It is not the intent of the PD planned development district to accommodate or encourage the development of isolated small tracts where adjoining parcels are not considered within an overall development scheme.

(1992 Code, App. F, § 13.01) (Ord. 10-06, passed 1-23-2006)

§ 158.236 PROCEDURE.

   (a)   Initial development plan.

      (1)   When a petitioner wants to request a rezoning to the planned development district, it shall be submitted to the Lincoln County planning department, showing the information specified in § 158.237, a minimum of 30 days prior to the joint meeting of the county and city planning commissions at which consideration is desired. After the planned development request has been reviewed, the planning commissions shall make a recommendation to the board of county commissioners and city council on the requested rezoning. The board of county commissioners and city council shall then act to approve or deny the request.

      (2)   This request for rezoning is subject to the requirements for amendment of the zoning regulations specified in §§ 158.395 through 158.399 No permit shall be issued within the development until the final development plan is approved and the plat is filed.

   (b)   Final development plan.

      (1)   Prior to construction on any lots in the planned development, the petitioner shall present a final development plan showing the information specified in § 158.238, to the planning commissions, who shall have the sole authority to approve, deny or amend the plan.

      (2)   The final development plan may be submitted in conjunction with the initial development plan for concurrent approval on any subareas the developer is ready to commit to a final plan. All the information required for both an initial and final development plan must be shown for the area submitted for concurrent approval, except that the developer may reference the requirements of one of the traditional zoning districts as the development standard for a particular subarea.

   (c)   Amendments.

      (1)   Major amendments. Major amendments to the initial and/or final development plan shall be required to be approved as an amendment to the zoning regulations, requiring the planning commissions’ review and board of county commissioners and city council approval.

      (2)   Minor amendments.

         A.   Minor amendments to the initial and/or final development plan shall be required to be approved by the planning commissions at a hearing. Notice of the hearing shall be given by the posting of a sign on the property.

         B.   Minor amendments to the initial development plan may also be made by the submission and approval of a final development plan which is changed from the approved initial development plan. Any amendments shall be shown as a change from the initial development plan on the final development plan, and further these changes shall be made on the initial development plan.

      (3)   Minimal amendments. Minimal amendments to the final development plan shall be submitted to the planning director on a reproducible development plan showing the requested changes. The planning director may then approve the change in writing, if he or she deems it appropriate.

(1992 Code, App. F, § 13.02) (Ord. 10-06, passed 1-23-2006)