Zoneomics Logo
search icon

Lincoln County Unincorporated
City Zoning Code

ARTICLE M

OS OPEN SPACE DISTRICT

13-5M-1: PURPOSE AND INTENT:

The OS open space district is established to create a land use zone classification that may be applied to public, semipublic and private lands as necessary; wherein use of such land will be restricted for the following purposes:
   A.   To prohibit construction, enlargement or encroachment of any existing or proposed structure, mobile home, improvements or developments of any kind in areas which have been identified as being susceptible to the effects of natural hazards, such as flooding or flash floods in areas not included on maps in the flood insurance study for the county, steep slopes and landslides;
   B.   For the long range preservation of designated areas in open space for the health, safety and welfare of the public;
   C.   To establish reasonable regulations and standards to assure maximum retention of desirable natural amenities;
   D.   For the long range preservation of appropriate natural open space areas;
   E.   When used in conjunction with the special industrial district (SID district), as specified in section 13-5K-3 of this chapter to prevent the establishment or encroachment of uses or activities in specified areas which could be affected by hazardous uses or activities that may occur on other lands in the general vicinity. When used to accomplish the purposes specified in the OS open space district may not be used for any active or passive recreation use or activity and the provisions of section 13-5M-3 of this article do not apply. (Ord. 2005-10, 1-3-2006)

13-5M-2: ESTABLISHMENT:

The OS open space district may be applied to various public, semipublic and private lands deemed necessary to accomplish the purposes stated in section 13-5M-1 of this article, except that, the open space district may not be applied to any privately owned lands when used to accomplish the purposes specified in subsection 13-5M-1E of this article, unless the written permission of the owner(s) of the private property is first obtained and filed with the planning commission. (Ord. 2005-10, 1-3-2006)

13-5M-3: USES PERMITTED:

Only the following uses shall be permitted in the OS open space district:
Open field animal grazing limited to horses, cattle, sheep and goats, providing such grazing is not part of or conducted in conjunction with any dairy, livestock feed yard or livestock sales yard; and provided further, that no soil tillage or land clearing is involved in connection with such uses. Range improvements used in conjunction with livestock grazing use such as fences, watering troughs, wells and guzzlers may be installed.
The construction, installation, operation and maintenance of public utility distribution and transmission lines, towers and poles, and underground lines or pipes for providing gas, water, electricity or telephone and telegraph services by public utility companies. It is not the intent of this section to allow the construction, installation and maintenance of any type of energy generating facility, electric, gas or water distribution centers, service yards or equipment storage yards. (Ord. 2005-10, 1-3-2006)

13-5M-4: USES PERMITTED SUBJECT TO SPECIAL USE PERMIT:

The following additional uses may be permitted subject to securing a special use permit in each case as provided for in chapter 8 of this title:
Apiaries not requiring structures or improvements of any type, except hives.
Improved roads, streets and/or trails for motor driven vehicles.
Water collection, storage and distribution uses, including reservoirs, dams, gauging stations, pumping stations, settling basins and ground water recharge areas.
Wildlife refuge and game preserves. (Ord. 2005-10, 1-3-2006)

13-5M-5: AREA REQUIREMENT:

The OS open space district may be applied to any parcel or portion thereof, however, no lot or parcel of land under one ownership at the effective date hereof, or which may come under one ownership within the OS open space district any time after the effective date hereof, shall be divided or separated in any manner, except in the case of a conveyance or dedication of land to a governmental agency, public entity, or public utility for public purposes or public utility purposes. (Ord. 2005-10, 1-3-2006)