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Planning commission begins drafting zoning amendments on transfers, solar, accessory buildings and density bonus
Summary
Staff presented a work-session to draft targeted zoning ordinance amendments: remove the same-owner requirement for building-eligibility transfers, add solar provisions with an initial 80-acre threshold and $5,000-per-acre decommissioning, tie accessory-building triggers to habitable floor area, and allow one additional dwelling via conditional use. Drafts will be prepared next month for public listening and later referral to the Board of Commissioners.
At a work session, Lincoln County Planning & Zoning staff outlined four targeted zoning-ordinance amendment topics and asked commissioners for direction on draft language to present next month.
Staffer Toby Brown said the commission should not attempt a full rewrite but should amend specific sections. On transfers of building eligibility in the A1 Agricultural District, Brown proposed removing the “same owner” requirement so eligibility can be transferred between contiguous parcels without requiring permanent deed transfers. “The proposal that we present to you is that to amend that, to take out the same owner requirement,” Brown said. Commissioners raised equity concerns about transfers advantaging certain areas and discussed keeping a contiguous requirement or adding permitting safeguards.
On solar siting, staff suggested differentiating project sizes: projects up to an initial threshold (staff suggested up to 80 acres as a draft starting point) could be handled as a permitted special use if they meet standards such as screening, neighborhood meetings and a decommissioning plan; projects above that threshold would require a conditional-use permit. Brown proposed a decommissioning financial assurance of $5,000 per acre for projects that meet the permitted-special-use standards and suggested that projects at or above the state permitting threshold (100 megawatts) be excluded from A1 agricultural zoning and handled in commercial or industrial districts.
Commissioners debated whether to measure by acreage or megawatts and cautioned that removing public hearings for some projects could be perceived as a loss of transparency. Several members recommended the staff draft start with measurable parameters but emphasized the draft would be a starting point open to public input and change.
For accessory buildings, staff proposed linking the permit trigger to habitable floor area (including basements) rather than a single 1,500-square-foot threshold; accessory structures not exceeding habitable area would be handled by building permit, while larger ones would require conditional-use review. Staff also recommended clarifying the subdivision-size trigger by referencing ‘‘more than four lots within a section’’ for clarity.
On density, staff proposed allowing one additional dwelling on an existing lot as a conditional use to help address housing needs, with conditions to prevent later subdivision or platting; septic, manufactured-home rules and tracking mechanisms were discussed as implementation details.
Staff said a draft of the proposed amendments will be prepared for a work session next month, followed by a listening session with the public and then referral to the Board of Commissioners for formal hearings and potential remand.
Commissioners asked that staff consult industry and technical experts (electric co-ops, data-center and solar experts) and stress communications that the draft is a starting point, not a finished ordinance.
