La Valley Township City Zoning Code
RC RECREATION/CONSERVATION
DISTRICT
§ 154.175 INTENT.
This district is intended to protect natural drainage courses in their capacity to carry run-off water, to limit permanent structures and uses of land in areas subject to flooding, to prevent the pollution of underground water supplies (aquifers), to provide open space and natural areas for recreation, and add to the aesthetic quality of the area.
(Ord. 0904-05, passed 5-20-2009)
§ 154.176 PERMISSIVE USES.
A building or premises shall be permitted to be used for the following purposes in the RC Recreation/Conservation District:
(A) Agriculture;
(B) Public park; forest preserve;
(C) Public golf course;
(D) Historic sites;
(E) A single-family dwelling if the following provisions for building eligibility are met: Each quarter-quarter section shall have one building eligibility when all the following conditions are met.
(1) There are no other dwellings on the quarter-quarter section.
(2) The building site is not in the 100-year floodplain as identified on the flood insurance rate map.
(3) The building site shall be a minimum of one acre.
(4) Approval has been granted by the appropriate governing entity for access onto a public road.
(5) The remaining portion of the quarter-quarter section is retained as agricultural land or in its present use.
(6) (a) Prior to any building permit being issued for any new single-family residence located in the RC Recreation/Conservation District, a right to farm covenant shall be filed with the county’s Register of Deeds on the parcel of land upon which the new structure will be located.
(b) Only the following shall constitute a right to farm covenant:
“RIGHT TO FARM NOTICE COVENANT
You are hereby notified that the property on which you are constructing a structure is in or near agricultural land, agricultural operations or agricultural processing facilities or operations. You may be subject to inconvenience or discomfort from lawful agricultural or agricultural processing facility operations.
Agricultural operations may include, but are not limited to, the following: the cultivation, harvesting, and storage of crops; livestock production; ground rig or aerial application of pesticides or herbicides; the application of fertilizer, including animal waste; the operation of machinery; the application of irrigation water; and other accepted and customary agricultural activities conducted in accordance with Federal, State, and County laws. Discomforts and inconveniences may include, but are not limited to: noise, odors, fumes, dust, smoke, burning, vibrations, insects, rodents, and/or the operation of machinery (including aircraft) during any 24-hour period. If you live near an agricultural area, you should be prepared to accept such inconveniences or discomforts as a normal and necessary aspect of living in an area with a strong rural character and an active agricultural sector. You are also notified that there is the potential for agricultural or agricultural processing operations to expand. This notification shall extend to all landowners, their heirs, successors or assigns and because it is required pursuant to the issuance of a building permit, may not be removed from the record title without consent of the Lincoln County Planning Commission.”
(F) Neighborhood utility facility.
(Ord. 0904-05, passed 5-20-2009; Ord. 1807-36, passed 7-24-2018)
§ 154.177 PERMITTED SPECIAL USES.
(A) 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 eligible building site;
(2) The building site is not in the 100-year floodplain as identified on the flood insurance rate map;
(3) 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 shall represent building eligibility;
(b) If there is more than one building eligibility, each additional building site shall be required to obtain a conditional use; and
(c) Each building site shall consist of a minimum of one acre.
(4) Approval has been granted by the appropriate governing entity for access onto the public road; and
(5) 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.
(B) 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;
(3) The residential structure may be a single-family dwelling, manufactured home, or mobile home; and
(4) The residential structure shall not be located in the 100-year floodplain as identified on the flood insurance rate map.
(C) Plant nursery, provided there are no buildings located in the 100-year floodplain as identified on the flood insurance rate map;
(Ord. 0904-05, passed 5-20-2009)
§ 154.178 CONDITIONAL USES.
(A) Manufactured home in conformance with § 154.247(C) if there is building eligibility on the parcel;
(B) Group day care;
(C) Private outdoor recreation facility;
(D) Day or summer camp;
(E) Rifle and pistol range; trap shoot;
(F) Stable;
(G) Kennel;
(H) Roadside stand;
(I) Fireworks sales, provided the length of sales does not exceed nine days;
(J) Cemetery;
(K) Fairgrounds;
(M) Electrical substation;
(N) Public utility facility;
(P) The transfer of a building eligibility from one parcel to another parcel when all the following conditions are met.
(1) The transfer of building eligibility shall occur only between contiguous parcels under the same ownership. For purposes of this section, SAME OWNERSHIP means two or more parcels of land owned or controlled by an individual or combination of individuals, corporations, partnerships, or other legal entities; with said owners described uniformly on the deed or other legally binding conveyance of each parcel.
(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 eligibility is transferred shall continue as agricultural land or remain in its present use.
(6) Approval has been granted by the appropriate governing entity for access onto a public road.
(Q) Bed and breakfast establishment; and
(R) Hunting lodge.
(Ord. 0904-05, passed 5-20-2009)
§ 154.179 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.
(Ord. 0904-05, passed 5-20-2009)
§ 154.180 PARKING REGULATIONS.
§ 154.181 SIGN REGULATIONS.
§ 154.182 DENSITY, AREA, YARD, AND HEIGHT REGULATIONS.
The maximum height and minimum lot requirements within the RC Recreation/Conservation District shall be as follows:
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. | |
(Ord. 0904-05, passed 5-20-2009)