SECTION 101 - TITLE
These
zoning regulations shall be known and cited as the Zoning Regulation of Perkins
County, Nebraska.
SECTION 102 - JURISDICTION
The
provisions of this Resolution shall apply within the boundaries of Perkins
County, Nebraska, excluding the land included, now or in the future, in the
corporate limits of any incorporated municipality in the County and also
excluding any land which may be contained in the territorial zoning
jurisdiction area around any incorporated municipality in the County, as
defined on the Official Zoning Maps of any such incorporated municipalities.
SECTION 103 - PURPOSE
In
pursuance of and in compliance with the authority conferred to Nebraska
counties by Chapter 23 of the Nebraska Statutes as amended, this Resolution is
enacted for the purpose of promoting the health, safety, convenience, order,
prosperity and welfare of the present and future inhabitants of Perkins County
and for implementation of the duly adopted Perkins County Comprehensive
Plan. This Resolution is also enacted to
preserve and protect the customs and culture of the people of Perkins County
and the following specific purposes:
1)
Developing both urban and
non-urban areas;
2)
Lessening congestion in the
streets or roads;
3)
Reducing the waste of
excessive amounts of roads;
4)
Securing safety from fire
and other dangers;
5)
Lessening or avoiding the
hazards to persons and damage to property resulting from the accumulation or
runoff of storm or flood waters;
6)
Providing adequate light and
air;
7)
Preventing excessive
concentration of population and excessive and wasteful scattering of population
or settlement;
8)
Promoting such distribution
of population, such classification of land uses, and such distribution of land
development as will assure adequate provisions for transportation, water
flowage, water supply, drainage, sanitation, recreation, soil fertility, food
supply, and other public requirements;
9)
Protecting the tax base;
10)
Protecting property against
blight and depreciation;
11)
Securing economy in
governmental expenditures;
12)
Fostering the state’s
agriculture, recreation, and other industries;
13)
Encouraging the most
appropriate use of land in the County, and;
14)
Preserving, protecting, and
enhancing historic buildings, places and districts.
ARTICLE 2 - APPLICATION OF
REGULATIONS
SECTION 201 - GENERAL
The
zoning regulations set forth by this Resolution within each zoning district
shall be minimum regulations and shall apply uniformly to each class or kind of
structure or land, except as hereinafter provided.
SECTION 202 - ZONING EFFECTS
EVERY BUILDING AND USE
No
building, structure, or land shall hereafter be used or occupied, and no
building or structure or part thereof shall hereafter be erected, constructed,
reconstructed, enlarged, moved or structurally altered except in conformity
with all zoning regulations herein specified for the zoning district in which
it is located. Further, no building or
structure shall hereafter be erected or altered to exceed the height or bulk,
to accommodate or house a greater number of persons, to occupy a greater
percentage of lot area, to have a narrower or smaller front, side or rear
setback than is herein permitted, or be in any other manner contrary to the
provisions of this Resolution, except that non-residential agricultural
buildings, less than 132 feet in height, shall be exempt from the requirements
of this Resolution, but further provided that the uses within such farm
buildings, if not considered agricultural uses under the definitions and terms
of this Resolution, shall not be exempt from the requirements of this
Resolution. Waste handling facility
uses, which may be associated with any agricultural building, shall not be
exempt from the requirements of this Resolution. AMENDED SECTION 202 5-2-11
SECTION 203 - SETBACK AND
LOT SIZE REDUCTION PROHIBITED
No
setback, lot or tract existing at the time of adoption of this Resolution shall
be reduced in dimension or area below the minimum requirements set forth
herein. Setbacks, lots or tracts created
after the effective date of the Resolution shall meet or exceed the minimum
requirements established by this Resolution.
SECTION 204 - PROVISIONS
DECLARED TO BE MINIMUM REQUIREMENTS
In
their interpretation and application, the provisions of this Resolution shall
be held to be minimum requirements, adopted for the promotion of the public
health, safety, morals, or general welfare.
SECTION 205 - DISCLAIMER OF
BUILDING AND OTHER CODES AND COUNTY LIABILITY
This
Resolution is a zoning regulation only and regulates only land usage. This Resolution does not in any manner
whatsoever include, imply or otherwise create any type or form of building,
plumbing, electrical or other code regulating the design and construction of
any building or structure within the jurisdiction of this Resolution. Any permits or certificates issued in
accordance with the requirements of this Resolution are solely for purpose of
assuring compliance with the land usage regulations set forth in this
Resolution for the purposes set forth in Section 103 of this Resolution. Perkins County assumes no liability and shall
not in any manner be held liable for any design or construction problem or
defect in any building or structure for which a zoning permit, certificate of
compliance or other form of land usage approval may have been issued nor shall
Perkins County assume any liability for any non-compliance with any Federal,
State or other code, regulation or requirement.
ARTICLE 3 - CONSTRUCTION AND DEFINITIONS
SECTION 301- CONSTRUCTION
The
following rules of construction shall apply unless inconsistent with the plain
meaning of the context of this Resolution:
301.01 TENSE: Words used in
the present tense include the future tense.
301.02
NUMBER: Words used in the singular include the
plural, and words used in the plural
include the singular.
301.03 SHALL AND MAY: The
word “shall” is mandatory, the word “may” is permissive.
301.04 GENDER: The masculine
shall include the feminine and the neuter.
301.05 HEADINGS: In
the event that there is any conflict or inconsistency between the heading of an
Article,
Section, or paragraph of this Resolution
and the context thereof, the said
heading shall not be deemed to effect the scope, meaning or intent of such context.
SECTION 302 - GENERAL
TERMINOLOGY
The
word “County” shall mean the County of Perkins County, Nebraska. The words “County Board” shall mean the
Perkins County Board of Commissioners.
The words “Planning Commission” shall mean the Perkins County Planning
Commission duly appointed by the Perkins County Board of Commissioners. The words “Board of Adjustment” and “Board”
shall mean the Perkins County Board of Adjustment as herein established in
accordance with this Resolution. The
words “Zoning Administrator” or “Administrator” shall mean that person duly
appointed by the Perkins County Board of Commissioners to administer and enforce
these zoning regulations.
SECTION 303 - DEFINITIONS
Words
or terms not herein defined shall have their ordinary meanings in relation to
the context. For the purposes of this
Resolution, certain words and terms used herein are defined as follows:
303.01 ABUT: Any
situation where a lot or parcel borders directly on another lot or parcel or is
separated
from an adjoining lot or parcel by a public road right-of-way.
303.02 ACCESSORY USE OF BUILDING: A building or use, which is subordinate and
incidental to
the use of the main or principal building or use on
the same lot or tract.
303.03 AEROBIC DIGESTION PROCESS: Any process for digestion of waste in which
the waste is
digested using free oxygen.
303.03A AGRICULTURAL BUILDING: shall mean a structure designed and
constructed, less than 132 feet in height, to store farm implements or hay,
grain, poultry, livestock, fruit, and other agricultural products, provided
that when the use or consequences of the agricultural use conducted in such
building exit from the building onto, across or under the land, whether underneath
the building or adjoining thereto or onto or into some other structure such
use, if not an agricultural use, shall not be considered part of such building
and shall be subject to the requirements and limitations of this
Resolution. Controlled atmosphere and
cold storage are not agricultural buildings.
An agricultural building shall not be used for human habitation,
processing, treating, packaging agricultural products, or as a place used by
the public. Waste handling facilities as
defined in this Resolution, which are associated with a use in an agricultural
building, shall be considered a non-agricultural use and shall be subject to
the requirements and limitations of this Resolution.
ADDED IN 303.03A AGRICULTURAL BUILDING 5-2-11
303.04 AGRICULTURAL USE: The business and science of
cultivating the soil, producing crops and
or
breeding, feeding, pasturing of livestock, raising and management of poultry, fish,
bees and other animals, truck
farming, forestry or orchards and the
non-commercial storage and processing of agricultural products produced on the
premises, provided that such use shall
not include any confined animal feeding operation, as defined in Section 303.25
of this Resolution, containing more than three hundred (300) animal units at
any one time or intensive animal feeding operation, as defined in Section
303.43 of this Resolution, containing more than three hundred (300) animal
units at any one time and further provided that such use shall not include any
waste handling facilities, as defined in Section 303.87 of this
Resolution. A confined or intensive
animal feeding use shall not be considered an agricultural use, but shall, in
accordance with Section 54-2402 Neb. Rev. Stat. be considered a commercial use
and a regulated livestock production use separated and regulated under such
statute from other types of livestock production uses which are not regulated
by reason of the number of animal units involved in such use. The seasonal confinement of an unrestricted
number of ruminant animals for birthing, weaning or backgrounding purposes for
less than two hundred seventy five (275) days in any calendar year in lots or
pens normally used for crop production or vegetation shall not be considered a
confined or intensive animal feeding use, but shall be considered an
agricultural use.
303.04A AIRCRAFT shall mean any device capable of flight.
ADDED IN 303.04A AIRCRAFT
5-2-11
303.04B AIRPORT, PRIVATE shall mean a privately
owned parcel of land or area used for the taking off and landing of aircraft
which may or may not be registered with the Nebraska Department of Aeronautics
and/or Federal Aviation Administration.
ADDED IN 303.04B AIRPORT,
PRIVATE 5-2-11
303.04 C AIRPORT, PUBLIC shall mean any publicly or
privately owned airport licensed by the State of Nebraska operated as a public
airport or area which is used or is intended to be used for the general flying
public for taking off and landing of aircraft, including helicopters, and any
appurtenant areas which are used or are intended to be used for airport
buildings or facilities, including open spaces, taxiways, and tie-down
areas. Such public airports, including
the Grant Municipal Airport, have in place an airport approach overlay district
to prevent interference of objects, structures and uses with the safe and
efficient operation of the airport.
ADDED IN 303.04C AIRPORT PUBLIC
5-2-11
303.05 ANAEROBIC DIGESTION: Any process for digestion
of waste in which the waste is
digested where free oxygen is not available.
303.06 ANIMAL HUSBANDRY: The care and raising of animals.
303.07 ANIMAL UNIT:
The
relationship of various animals with regard to manure production based
upon one
thousand (1,000) pounds of animal(s) regardless of type. For purposes of this Resolution, the following this relationship shall be
as follows:
Type of
Animal Animal Unit(s)
Beef Animal
(500 - 1,200 pounds)……………….. 1.00
Beef or Dairy
Calf (150 - 500 pounds)…………… 0.50
Young Dairy
Stock (500 - 1,000 pounds)………… 0.75
Replacement
Heifers……………………………… 1.00
Dairy
Cow………………………………………… 1.40
Horse……………………………………………… 2.00
Swine (55
pounds or heavier)……………………. 0.40
Swine (less
than 55 pounds)……………………… 0.05
Swine (sow
and litter)……………………………. 0.50
Sow or
Boar………………………………………. 0.40
Sheep……………………………………………… 0.10
Chicken…………………………………………… 0.01
Turkey…………………………………………….. 0.02
Ostrich…………………………………………….. 0.40
303.08 ANIMAL
WASTE: Any animal excrement, animal
carcass, feed waste, animal waste water, or
other waste
associated with the care and feeding of animals.
303.09 ANIMAL
WASTE WATER: Any liquid, including
rainfall, which comes into contact with any
animal
excrement, manure, litter, bedding, or other raw material or intermediate or
final matter or product used in or
resulting from the production of animals or from products directly or indirectly used in any Waste Handling
Facility Use, as defined in Section 303.87 of this Resolution, or any spillage or overflow from animal watering
systems, or any liquid used in washing,
cleaning, or flushing pens, barns, or manure pits, or any liquid used in
washing or spraying to clean animals,
or any liquid used for dust control in a confined or intensive animal feeding use.
303.10 BASEMENT: A building space wholly or partially
underground and have more than one-half
(1/2) of its height, measured from its floor to the top of its
average wall height, below the average
elevation of the finished grade of the soil around said space.
303.11 BED AND BREAKFAST, BOARDING OR LODGING HOUSE: a building,
other than a
hotel or
motel, where for compensation and by
arrangement for definite periods, meals or
lodging are
provided for customers.
303.12 BUILDABLE AREA: The portion of a lot or tract of land
remaining after the front, side and
rear
setbacks, as herein defined, have been provided.
303.13 BUILDING: A
structure having a roof and/or walls and used or intended to be used for
sheltering of
persons, animals or property. When divided or separated by other than
common
walls, each
portion or section of a building shall be considered a separate building.
303.14 BUILDING HEIGHT: The vertical distance, measured from the
average ground level at the
front of a
building or structure to the highest point of the building roof, excluding chimneys, antennas
or other similar appurtenances.
303.15 CAMPGROUND: Any
premises where two (2) or more camping units are parked or placed for
camping
purposes, or any premises used to set
apart for supplying camping space for two (2) or more camping units for camping purposes to the public. Campground shall include any buildings, structures, vehicles or
enclosures used or intended to be used wholly or in part for the accommodation of campers.
303.16 CAMPING UNIT: Any vehicle, trailer, tent or other movable
shelter used for camping
purposes.
303.17 CERTIFICATE OF ZONING COMPLIANCE / CERTIFICATE
OF OCCUPANCY: A
written certificate issued by the zoning
administrator, stating that the premises has been inspected after erection,
construction, reconstruction, alteration or moving of a building or
structure or after a change in the use of land and that the use and premises
complies in all respects with the requirements of this Resolution and may be
occupied for the use declared.
303.18 COMMERCIAL USE: A use, other than an agricultural use, where
products are grown or purchased
for sale or resale for profit or where services are sold for profit, including
confined or intensive animal
feeding uses.
303.19 COMPATIBLE USE: A land use of one type that is suitable for
direct association, location near or abutting a land use of a
different type because of its consistency with the Intent statement of the zoning district in which said
uses are located, because of similar or comparable buildings and activities, and because neither use
will diminish the value and enjoyment of the other.
303.20 COMPOSTING (AEROBIC): The natural process of decomposing of vegetative
refuse,
manure and
other naturally degradable materials using free oxygen.
303.21 COMPOSTING (ANAEROBIC): The natural process of decomposing of vegetative
refuse,
manure and
other naturally degradable materials in large piles where free oxygen is not available.
303.22 COMPREHENSIVE PLAN: The plan or series of plans for the future
development of the County, recommended by the Planning Commission and
adopted by the County Board of Commissioners.
303.23 CONDITIONAL USE: A land use that would not be generally
compatible with other permitted land
uses in a zoning district, but which if
controlled as to number, area,
location, relation to surrounding uses or other
attribute, could become compatible with
such permitted land uses and would
promote the public health, safety, convenience and general welfare.
303.24 CONDITIONAL USE PERMIT: A zoning permit issued by the Zoning
Administrator upon approval of a
conditional use to these regulations to permit a conditional use by the County
Board of Commissioners. Such permit shall give permission to the
applicant to develop the specified conditional
use and shall specify the conditions of approval of such use as established by
the County
Board of
Commissioners.
303.25 CONFINED
ANIMAL FEEDING USE: The raising, feeding or management of more than
three
hundred (300) animal units at any one time in roofed buildings or structures
which may be open sided or totally enclosed and which may have hard surfaced,
slatted or other type of surfaced floor, and / or on hard surfaced,
non-earthen, outdoor pens or lots used for confinement of such animals. Any
waste handling facilities, as defined in Section 303.87 of this Resolution,
associated with such confined animal feeding use shall be considered a separate
use and shall be regulated with regard to type and location in accordance with
Section 501.05 of this resolution. The
determination of the number of animal units in any such use shall be based upon
the number of animal units set forth in a permit issued by the Nebraska
Department of Environmental Quality or its successor or, in the event such a
permit is not required, such determination shall be by written declaration of
the owner of such use of the one-time capacity of such use to the Zoning
Administrator, using forms provided by the Zoning Administrator , within one
hundred eighty (180) days of the effective date of this Resolution. In the event of any dispute over the number
of animal units, such determination shall be by actual counting of the number
of animal units by the Zoning Administrator or other duly appointed official at
the time of such dispute. For purposes of this Resolution, confined animal
feeding uses shall be classified and regulated with regard the number of
animals confined and the potential for ground or surface water contamination or
other environmental degradation, the potential for odor production and other
negative impacts on or other incompatibilities with abutting and neighboring
properties as follows:
Class I
- A confined animal feeding use
with a one time capacity of more than three
hundred (300) animal units, but less than
three thousand (3,001) animal units.
Class II
- A confined animal feeding use
with a one time capacity of three thousand and one (3,001) to ten thousand (10,000) animal
units.
Class III - A
confined animal feeding use with a one time capacity of ten thousand and one
(10,001) to twenty thousand (20,000) animal
units.
Class IV - A confined animal feeding use with a one
time capacity of twenty thousand and one
(20,001) or more animal units.
303.25B DEVELOPED AREA: An area of land, consisting of one or more parcels
or lots, which
front(s) on one (1) side of a road / street between two (2)
intersecting streets / roads where such
intersecting streets /roads are
less than one-thousand (1,000) feet apart or in the absence of any
intersecting street, a distance of
one hundred fifty (150) feet on either or both sides of the
boundaries of the lot on which
building development is proposed, whereon at least fifty one
percent (51%) of such parcels or
lots on either or both sides are developed with buildings.
303.26 DWELLING: Any building or portion thereof, which is
designed and / or used for residential
purposes.
303.27 DWELLING, SINGLE-FAMILY: A dwelling unit having
independent accommodations for
and occupied
by one family.
303.28 DWELLING, TWO-FAMILY (DUPLEX): A dwelling unit having independent
accommodations for or occupied by two families.
303.29 DWELLING
UNIT: One room or combination of rooms which
constitute a separate and
independent housekeeping establishment
containing independent cooking, sleeping and
restroom facilities.
303.30 EASEMENT:
A
right or privilege granted by the owner of a defined parcel of land for the use
of such
parcel of land for a specific purpose or purposes by the public, another
person, corporation or other legal
entity.
303.31 FAMILY: An
individual or two (2) or more persons related by blood, marriage or adoption, or a
group of not more than five (5) persons,
excluding servants, who may not be related, living together in a single dwelling
unit.
303.32 FARM: A crop
production, livestock production or other similar enterprise containing twenty (20) acres or more of land from which
one thousand dollars ($1,000) or more of products are produced each year, excluding confined and intensive animal feeding
operations.
REMOVED 303.33 FARM BUILDING
5-2-11
303.34 FLOOD PLAIN: Those lands within the zoning jurisdiction of
Perkins County, which are
subject to a
one percent (1%) or greater chance of flooding in any given year. Determination of flood plains shall be based on historical high water marks and
interpolation of such high water marks
by the Natural Resource District or other agency capable of determining such
flood plains
or from flood hazard maps which may be produced and provided by the
Federal Flood Insurance Administration.
303.35 FLOOR: A level or
story in a building.
303.36 FLOOR AREA: The
sum of the gross horizontal areas of the one or several floors of all buildings or portions thereof, on the lot or tract.
303.37 FRONTAGE (LOT): The length of the property abutting one (1)
side of a road right-of-way measured
along the dividing line between the property and the road right-of-way.
303.37A GRAIN BIN (see Agricultural Building)
ADDED 303.37A 5-2-11
303.37B GRAIN ELEVATOR,
PRIVATE
shall mean a system of bins, constructed on any material for the purpose of
storing grain. The system shall include
any type of conveyance method used to transport and/or sort grain from a point
on the ground level to a point within any of the storage areas. A Grain Elevator, Private shall also be
considered an Agricultural Building.
ADDED 303.37B 5-2-11
303.38 GROUP DAY CARE CENTER / NURSERY SCHOOL: An establishment other than public, private
non-religious or parochial school, which provides day care, play groups, nursery school or education for five (5) or
more unrelated children.
303.39 GROUP HOME: A
facility, licensed or approved by the State of Nebraska or other appropriate agency, in which more than two (2) persons
who are unrelated by blood, marriage, or adoption reside while receiving therapy or counseling, but not
nursing care, for any of the following purposes:
A. Adaptation to living with, or rehabilitation
from, disabilities;
B. Adaptation
to living with, or rehabilitation from, emotional or mental disorders, or
mental
retardation;
C.
Rehabilitation from the effects of drug or alcohol abuse;
D. Supervision while under a program of
alternatives to imprisonment, including, but
not
limited to pre-release, work release and probationary programs.
303.40 HOME OCCUPATION: An occupation or business enterprise
conducted in a dwelling unit by members
of the family occupying the dwelling unit, established in accordance with
standards established in
this Resolution.
303.41 IMPACT EASEMENT: An easement or deed
restriction, recorded in the office of the Perkins
County
Registrar of Deeds, which runs with the land, which is granted to the owner of
an
industrial
use, a confined or intensive animal feeding use, or other use for the period of
time that
such use
shall exist, by the owners of adjoining or neighboring real property in which
it is
mutually
agreed by the grantor and grantee that the grantor shall hold the grantee
harmless from
odor, smoke,
dust, or other legal impacts associated with such use on the grantor’s property
when
such use is
operated in accordance with the terms of such easement or deed restriction.
303.42 INCOMPATIBLE USE: A land use of one type that is unsuitable for
direct association or location
near or abutting a land use of a different type because of its inconsistency
with the Intent statement of the
zoning district in which such uses are located, because of differences in use activities, and because such use would diminish the value
and enjoyment of the other.
303.43 INTENSIVE ANIMAL FEEDING USE: The feeding of more than
three hundred (300) animal
units
at any one time in partial or total earthen pens or lots which are designed for
or used for on-going confinement of animals where manure is or may be in contact
with the earth. The determination of the
number of animal units in any such use shall be based upon the number of animal
units set forth in a permit issued by the Nebraska Department of Environmental
Quality or its successor or, in the event such a use existed prior to
regulation by the Department of Environmental Quality and a permit is not
required, such determination shall be by written declaration of the owner of
such use of the one-time capacity of such use to the Zoning Administrator,
using forms provided by the Zoning Administrator , within one hundred eighty
(180) days of the effective date of this Resolution. In the event of any dispute over the number
of animal units, such determination shall be by actual counting of the number
of animal units by the Zoning Administrator or other duly appointed official at
the time of such dispute. For purposes of this Resolution, intensive animal
feeding uses shall be classified and regulated with regard to the number of
animal units confined as follows:
Class I
- An intensive animal feeding use
with a one time capacity of more than three
hundred (300) animal units, but less than
three thousand (3,001) animal units.
Class II
- An intensive animal feeding use
with a one time capacity of three thousand and one (3,001) to ten thousand (10,000) animal
units.
Class III - An intensive animal feeding use with a
one time capacity of ten thousand and one
(10,001) to twenty thousand (20,000) animal
units.
Class IV - An intensive animal feeding use with a
one time capacity of twenty thousand and one
(20,001) or more animal units.
303.44 JUNK
YARD: See Salvage Yard.
303.45 LANDFILL: A waste disposal site employing
an engineered method of disposing of solid wastes in a manner that minimizes
environmental hazards by spreading, compacting and applying cover material over
all exposed waste designed in accordance with the requirements of the Nebraska
Department of Environmental Quality and licensed by said Department.
303.46 LOT (ZONING): A piece, parcel or plot of land under single
ownership or control, not divided by any public street or road, but having frontage on a public street or
road which is occupied or intended to be occupied by one principal building and
its accessory buildings or structures. A
lot may consist of a single lot record, a portion of a lot of record, a combination or complete lots or
record, a combination of complete lots
or record and portions of lots of
record, or portions of lots of
record.
303.47
LOT AREA: The total horizontal area of a lot. Within subdivided parcels, tracts, and lots
where the property has been platted and right-of-way
dedicated the lot area shall not include any street or alley
rights-of-way. However, on rural tracts,
parcels and lots that are not platted, the right-of-way may be included in the
total lot area calculation.
303.48 LOT, CORNER: A lot which has frontage on two (2) or more
streets or roads at the
intersection
of said streets or roads.
303.49 LOT DEPTH: The
average horizontal distance between the front and rear lot lines of any lot.
303.50 LOT OF RECORD: A lot, which is part of a subdivision plat or
lot, plot or parcel, described by
metes and bounds, which has been recorded in the
office of the Registrar of Deeds of Perkins County, Nebraska as of the
effective date of this Resolution.
303.51 LOT WIDTH: The
horizontal distance between the side lot lines, measured at a right angle from one side lot line at the minimum
front setback distance set forth in the various zoning districts specified in this Resolution.
303.52 MANUFACTURED HOME: A factory-built structure which is to be used
for human habitation, which is not
constructed or equipped with a permanent hitch or other device allowing it to be moved other than to a permanent
site, which does have permanently attached to its body or frame any wheels or axles, and which bears a label certifying that it
was built in compliance with National
Manufactured Home Construction and Safety Standards, 24 C.F. R. 3280 et seq., promulgated
by the United States Department of Housing and Urban Development, or any successor
regulations thereto.
303.53 MOBILE
HOME: A detached dwelling unit, which was
originally designed for long term
human
habitation and which was constructed and fabricated into a complete unit at a
factory and capable of being transported to a location for use on its own
chassis and wheels, identified by model
number and serial number by its manufacturer, and designed primarily for
placement on a non-permanent foundation when used for residential
purposes, but not including any
structure which meets the definition of Manufactured Home or Modular Home, as
defined in this Resolution.
303.54 MOBILE
HOME LOT: A lot or parcel of land for the placement of
one (1) mobile home.
303.55 MOBILE HOME PARK: Any parcel of land area under single
ownership and control upon
which
sites for parking of two (2) or more mobile homes connected to utilities and
used by persons for living or sleeping purposes are provided by lease, rent or
free of charge.
303.56 MOBILE HOME SUBDIVISION: A parcel of land, which has been or is
intended to be
subdivided
into two (2) or more lots for sale to persons to place a mobile home on said
lot.
303.57 MODULAR HOME: A manufactured housing unit, as defined in
Section 71-1557 of
the
Nebraska Revised Statutes 1943, which bears the seal of the Nebraska Department
of Health or its successor.
303.58 NON-CONFORMING LOT OF RECORD: A lawfully established lot, which is part of
a
subdivision
plat or lot, plot or parcel described by metes and bounds, and which was
recorded in the office of the Register of Deeds of Perkins County, Nebraska as
of the effective date of this Resolution.
303.59 NON-CONFORMING STRUCTURE: A lawfully erected structure in existence at
the date of
adoption
of this Resolution which does not comply with the lot coverage, height, setback
requirements or other standards applicable to new structures in the zoning
district in which said structure is located.
303.60 NON-CONFORMING USE: A lawfully established use of land in
existence at the date of
adoption of
this Resolution which does not comply with the regulations of this
Resolution.
303.61 ODOR: That characteristic of a substance, which makes it
offensive to the human sense of
smell, as determined by the majority of any three
(3) or more people. Such people shall
include
the Zoning Administrator, a representative of the
use being investigated for odor impact, and one
or more other neutral persons as agreed upon by the
Zoning Administrator and the owner of the
use being investigated for odor impact.
303.61-A OFF-PREMISE
ADVERTISING SIGN: A display of
general advertising about products or
services
available at locations other than sign site.
303.61-B ON-SITE ADVERTISING
SIGN: A display of general
advertising about products or services
available at the sign’s location.
303.62 PERMANENT
FOUNDATION: The substructure of a structure to which the
structure is
permanently
attached which provides a permanent support for said structure around its
entire perimeter and at points within its perimeter where needed.
303.63 PARKING SPACE, OFF-STREET: An area, open or closed, which is sufficient
in size to
permit
the parking of one (1) or more vehicles together with a driveway connecting
said parking area to a street or road to permit ingress and egress by said
vehicle.
303.64 PREMISES:
The
land area containing a land use, which is contiguous with and under the same
ownership as the land use.
303.65 PREVAILING WINDS: Prevailing seasonal winds for Perkins County are
from the north,
northwest
in the winter months and south and southeast in the summer months. Wind directions with regard to regulations in
this Resolution shall be further defined as follows, determined using magnetic
north as determined through use of a compass:
North
- from forty-five degrees west of north to forty-five degrees east of north
South - from forty-five degrees
west of south to forty-five degrees east of south
East - from
forty-five degrees east of north to forty-five degrees east of south
West - from forty-five degrees west of north to
forty-five degrees west of south
303.65-A PRIMARY DWELLING- Any single-family dwelling
on a tract or lot.
303.66 PRINCIPAL BUILDING: A building in which the principal use on the
lot is situated.
ADDED 303.61A,
OFF-PREMISE AD. SIGN, 303.61B-ON-SITE AD. SIGN, 303.65A-PRIMARY DWELLING
3-15-04
303.67 PRIVATE AIRPORT / AIRSTRIP: A privately owned parcel of land used for take-off
and
landing of small aircraft which is duly registered
with the Nebraska Department of Aeronautics.
303.68 PRIVATE ROADWAY: A privately owned, open, unoccupied space
other than a public
road,
reserved as the principal means of access to abutting property.
303.69 PUBLIC USE AREA: An area of land or water, whether publicly or
privately owned, which is
designed
for or used by ten (10) or more unrelated persons on at least a quarterly basis
for recreation, education, communication, worship, meetings or other legal
purpose, including public parks, public water areas, public game refuges, fish
hatcheries, publicly or privately owned meeting halls, historic sites and
similar areas, provided that a public use area shall not include any
rights-of-way for roadways or privately owned land used for hunting and/or
fishing.
303.70 QUARTER SECTION: That portion of a square section of land, as
defined by the definitions
and
requirements of the Survey of Public Lands of the United States, which has
approximately equal dimensions on all four (4) sides, has two (2) intersecting sides that coincide
with two (2) intersecting section lines and contains approximately one-fourth
(1/4) of the land area contained within the square section.
303.71 RECREATIONAL VEHICLE: A temporary dwelling for travel, recreation
and vacation use
including
travel trailers, camping trailers,
pickup campers, motor coaches, camp cars, tent trailers, boats or any
other vehicular portable structure.
303.72 ROAD / ROADWAY: A public right-of-way set aside for public travel
which affords the
principal means of access to abutting property.
303.73 ROAD CENTERLINE: A line extending down the center of a road or
street right-of-way, as
established by official survey or other means.
303.74 ROADSIDE STAND: A structure or portion thereof used for the
shelter, display and sale of
crafts and similar items, fruit, vegetables and other agricultural crops
produced on the premises.
303.74A RUNWAY shall mean a defined area on an airport prepared
for landing and take-off of aircraft along its length.
ADDED 303.74A 5-2-11
303.75 SALVAGE YARD: A place where waste, discarded or salvaged
metals, building materials,
paper,
textiles, used plumbing fixtures, inoperable appliances, inoperable motor
vehicles, machinery or parts thereof, or
other used materials are bought, sold, exchanged, stored, baled or cleaned,
excluding pawn shops, used appliance or furniture sales or operable used
vehicle sales establishments.
303.75-A SECONDARY DWELLING: An independent single-family dwelling
located on the same
303.76 SECTION OF LAND: A division or parcel of land on the government
survey, comprising one
(1)
square mile of land encompassing six hundred forty (640) acres more or
less. Each "township" (six
square miles) is divided by straight lines into thirty six (36) sections and
these are again divided by straight lines into half-and quarter sections.
303.77 SETBACK: A
horizontal distance, as prescribed in the various zoning districts established
in
this
Resolution, from the front, side or rear
lot line of any lot in which a building may not be constructed. Setbacks are further defined as follows:
A.
SETBACK, FRONT: An open space extending across the entire
width of a lot between the centerline of the road on which the subject lot has
frontage and the nearest point of a building.
A corner lot has two (2) front setbacks.
B.
SETBACK, REAR: An open space extending across the entire
width of the lot between the
rear lot line and the nearest point of a
building.
C.
SETBACK, SIDE: An open-space extending along the side lot
line from the front setback line to the rear setback and lying between the side
lot line and the nearest point of a building.
D.
SETBACK, TRANSITIONAL: An open space applicable when a
non-residential zoning
district abuts or is adjacent across a
road from a residentially zoned area.
303.78 SIGN: Any
identification, description, display or illustration which is affixed to,
painted, or
represented
directly or indirectly upon a building or other outdoor surface or parcel of
land which directs attention to an object, product, place, activity, business,
person, service or interest.
303.79 SOLID MANURE: Waste produced by living cattle, dairy
cattle, sheep and other ruminants
and
horses which contains not less than twelve percent (12%) solids by weight and
waste produced by living swine, poultry or other animals which contains not
less twenty five percent (25%) solids by weight.
303.80 SOLID WASTE: Any garbage,
refuse, discarded material including solid, liquid, semi-solid or
contained
gaseous material resulting from industrial, commercial, residential or other
use, but excluding any animal waste, animal waste water or any waste from a
waste handling facility, as defined in Section 303.87 of this Resolution.
303.81 STORY: That portion
of a building included between the surface of any floor and the surface of
the
next floor above, or if there be no
floor above, then the space between the
floor and the ceiling next above it. A
basement shall be counted as a story if more than four (4) feet of said
basement is above the average finished grade of the adjoining ground.
303.82 STREET: See ROAD
303.83 STRUCTURE:
Anything constructed or erected with a fixed location on the ground or
attached
to something having a fixed location on the ground.
303.84 STRUCTURAL ALTERATIONS: Any change in the supporting members of a
structure, such
as
bearing walls, partitions, columns, beams or girders.
303.85 USE: The activity
for which land and buildings is actually arranged, occupied or maintained.
AMENDED 303.85-USE 8-19-02
303.86 VARIANCE: A
relaxation of the height, lot area, size of structure or buildings or size of
yards
and
open space terms of this Resolution where such variance will not be contrary to
the public interest and where, owing to
conditions peculiar to the property and not the result of actions of the owner,
a literal enforcement of the requirements of this Resolution would result in
unnecessary and undue hardship.
303.87 WASTE HANDLING FACILITY: Any and all structures, combination of
structures,
underfloor
pits, catch basins, aerobic lagoons, pipelines, diversion terraces, or
appurtenance thereto, apparatus, equipment, or mechanism, whether on the same or different premises
than the industrial, commercial or other type of use, including any confined
and intensive animal feeding use generating waste, or municipal facility, used
to store, process, digest, compost, transport, distribute, control or otherwise
dispose of waste materials, other than solid waste as defined in Section 303.80
of this Resolution. Any facility,
apparatus, or mechanism used to ventilate, exhaust, process or treat hazardous
gases, odor, dust, smoke or other waste product emanating from any building or
structure, including any Agricultural building, that occurs as a consequence of
the use of that building or structure shall be considered part of a waste
handling facility use.
Amended 303.87 “farm building to Agricultural
building”
5-2-11
Waste
handling facilities shall be categorized into 3 allowable categories with
regard to the allowable types and methods of operation of such facilities as
they relate to the potential for odor production, environmental degradation and
compatibility with abutting and neighboring land uses as follows:
Category A (Aerobic): A waste handling facility use in which all
waste is collected and digested
utilizing aerobic digestion facilities and processes, including aerobic
lagoons,
including aerobic lagoons, wherein the Biochemical Oxygen Demand (BOD)
loading
shall not exceed 0.17 pounds per one hundred (100) gallons of water in
lagoon,
and dust, hazardous gases, odor or other air contaminants emitted from any
building
or structure is collected and processed to minimize air contamination.
Category R
(Run-off / Catch basins): A waste
handling facility use in which rainwater or other
liquid run-off, which is contaminated
with manure or other wastes, is impounded in
liquid form for a period not exceeding
one-hundred twenty (120) days in any
calendar year. Compliance with the impoundment time
limitation shall require
evaporation of the liquid and cleaning
out of the solid materials in the basin and/or
pumping and injection of the liquid waste
into the soil or for use in adding moisture
to
an aerobic composting process and cleaning out of the solid materials in the
basin.
Category S
(Solid): A waste handling facility where
solid manure, as defined in Section 303.79
of this Resolution, or other solid animal
wastes is moved to and/or collected
mechanically, but not by water flow, and
aerobically processed utilizing aerobic
composting or temporarily stored for a
period of not more than one hundred twenty
(120) days prior to land application.
303.88 YARD / SETBACK: Open space on a lot unoccupied and
unobstructed by any buildings or
structure
or portion thereof, except for
fences, retaining walls, posts and other customary yard accessories.
303.89 YARD, FRONT: A
yard extending across the entire width of the lot between the front lot line
and
the nearest point of a building. For
purposes of determining yard requirements for corner and through lots, all
sides of a lot abutting a road shall be considered a front yard and shall
comply with the requirements thereof.
303.90 YARD, REAR:
A
yard extending across the entire width of the lot between the rear lot line and
the nearest part of a building or non-minor
structure.
303.91 YARD, SIDE: On
single frontage lots, a yard extending along the side lot line from the front
yard
to the rear yard and lying between the side lot line and the nearest part of a
building on non-minor structure. On through lots, a yard extending along the
side lot line from front yard to front yard and lying between the side lot
lines and the nearest part of the building or non-minor structure. On corner lots, a yard extending along the
side lot line from the front yard to the opposite side lot line lying between
the side lot line and the nearest part of a building or non-minor structure.
303.92 YARD, SPECIAL: A yard behind any required
yard adjacent to a public street, required to
perform
the same functions as a side or rear yard, but adjacent to a lot line so placed
or oriented that neither the term “side
yard” or “rear yard” clearly applies. In
such cases, the Zoning Administrator shall require a yard with minimum
dimensions as generally required for a side yard or a rear yard in the zoning
district, determining which shall apply by the relationship of the portion of the
lot on which the yard is to be located to the adjoining lot or lots with due
regard to the orientation and location of buildings, structures and buildable
areas thereon.
303.93 ZONING ADMINISTRATOR: The person, duly designated by the Perkins
County Board of
Commissioners, to administer and enforce the
regulations established under this Resolution.
303.94 ZONING DISTRICT: One of several sets of zoning regulations
designed for a particular class
of
land uses which established uniform regulations governing the use, building and
structure height, area, size and
intensity of use of land within unincorporated area of the County.
ARTICLE 4 - ESTABLISHMENT
AND DESIGNATION OF DISTRICTS
SECTION 401 - PLANNING
COMMISSION RECOMMENDATIONS
It
shall be a purpose of the Planning Commission to recommend the boundaries of
the various original districts and appropriate regulations to be enforced
therein. The Planning Commission shall
make a preliminary report and hold public hearings thereon before submitting its
final report to the Board of Commissioners, and the Board of Commissioners
shall not hold its public hearing or take final action on such recommendations
until it has received the final report of the Planning Commission.
SECTION 402 - DISTRICTS CREATED
For
the purposes of this Resolution, the following zoning districts for Perkins
County, Nebraska as named and described in Article 5 of this Resolution are
created:
AG - G General Agricultural District
AG - T
Transitional Agricultural District
AA
Airport / Airstrip Approach District
FH
Flood Hazard Zoning District
SECTION 403 - OFFICIAL
ZONING MAP
The
County is hereby divided into zones, or districts, as shown on the Official Zoning Map, which together with all explanatory matter
thereon, is hereby adopted by reference
and declared to be a part of this Resolution.
The Official Zoning Map shall be identified by the signature of the
Chairperson of the County Board of Commissioners and attested by the County
Clerk under the following words: “This
is to certify that this is the Official Zoning Map of Perkins County, Nebraska
referred to in Section 403 of Resolution No.____ of the County of Perkins , Nebraska” together with the date of the
adoption of this Resolution. The signed
copy of the Official Zoning Map shall be maintained in the office of the County
Clerk for the use and benefit of the public.
SECTION 404 - OFFICIAL ZONING MAP CHANGES
404.01 CHANGES ON OFFICIAL ZONING MAP: If, in accordance with the provisions of this
Resolution,
changes are made in the zoning district boundaries or other explanatory matter
portrayed on the Official Zoning Map, such changes shall be promptly entered on
said Official Zoning Map after amendment of same has been approved by the
County Board together with an entry on the Official Zoning Map as follows: “On (date)
, by official action of the
County Board of Commissioners, the
following change(s) was / were made in the Official Zoning Map: (brief description of the change) “,
which entry shall be signed by the Chairperson of the County Board of
Commissioners and attested by the County Clerk.
No changes to this Resolution, which involve matter portrayed on the
Official Zoning Map, shall become effective until after such change and entry
on such Official Zoning Map have been made.
404.02 CHANGES IN CONFORMITY WITH PROCEDURES: No change of any nature shall be
made
in the Official Zoning Map or matter shown thereon except in conformity with
the procedures set forth in this Resolution.
404.03 PENALTIES FOR UNAUTHORIZED CHANGES: Any unauthorized change of any kind by
any
person or persons shall considered a violation of this Resolution and
punishable in accordance with this Resolution and applicable law.
404.04 FINAL AUTHORITY OF OFFICIAL ZONING MAP: Regardless of the existence of
purported
copies of the Official Zoning map which may from time to time by made or
published, the Official Zoning Map, which shall be located in the office of the
County Clerk, shall be the final
authority as to the current zoning status of land within Perkins County, Nebraska.
SECTION 405 - OFFICIAL
ZONING MAP REPLACEMENT
In
the event that the Official Zoning Map becomes damaged, destroyed, lost or
difficult to interpret, the County Board of Commissioners may, by resolution, adopt a new Official Zoning Map which shall
supersede the prior Official Zoning Map.
The new Official Zoning Map may correct drafting or other errors or
omissions in the prior map, but no such correction shall have the effect of
amending the original Official Zoning Map,
or any subsequent amendment thereof.
Each new Official Zoning Map shall be identified by the signature of the
chairperson of the County Board of Commissioners and attested by the County Clerk
under the following words: This is to certify that this Official Zoning Map
supersedes and replaces the Official Zoning Map adopted on (date of adoption
of original map) as part of Resolution No. (number of original adoption
resolution) of the Perkins County,
Nebraska Board of County Commissioners.”
Unless the prior Official Zoning Map has been lost of has been totally
destroyed, the prior map or any significant parts thereof shall be preserved
together with all available records pertaining to its adoption and amendment.
SECTION 406 - RULES FOR
INTERPOLATION OF DISTRICT BOUNDARIES
Where
uncertainty exists as to the boundaries of districts as shown on the Official
Zoning Map the following rules shall apply:
406.01 Boundaries indicated as approximately following the
centerlines of roads, streets, or highways
shall be construed to follow such centerlines.
406.02 Boundaries indicated as approximately following platted lot lines
shall be construed as following
such
lot lines and boundaries indicated as approximately following the corporate
limit boundaries of any municipality shall be construed to follow such
corporate limit boundaries.
406.03 Boundaries indicated as following railroad lines shall be
construed to follow a line midway
between the tracks of the main railroad track.
406.04 Boundaries indicated as following shore lines of rivers, streams,
canals, lakes, ponds or other
bodies
of water shall be construed to follow such shore line and in the event of
change in the shore line shall be construed as moving with the shore line Boundaries indicated as following the
centerline of rivers, streams, canals,
lakes, ponds or other bodies of
water shall be construed to follow such centerline.
406.05 Boundaries indicated as parallel to or extensions of features
indicated in Items 01 through 04
immediately above shall be so construed.
406.06 Distances not specified set forth on the Official
Zoning Map shall be determined by the map
scale.
406.07 Where a district boundary line divides a lot which was under
single ownership and control at the
date
of adoption of this Resolution, the
Board of Zoning Adjustment may, upon
application, permit the extension of the
regulations for either portion of the lot into the remaining portion of the
lot.
406.08 In circumstances not covered by Items 01 through 07 immediately
above or where physical or
cultural
features existing on the ground are at variance with those shown on the
Official Zoning Map, the Board of
Adjustment shall interpret the district boundaries to best accomplish the
objectives of the Intent statements of the zoning districts involved.
SECTION 407 - ANNEXATION
RULE
Annexation
of land to any incorporated municipality in Perkins County, Nebraska shall
remove such land from the jurisdiction of this Resolution and any legal
extension of any jurisdictional zoning area boundary resulting from any such
annexation by any incorporated municipality in Perkins County, Nebraska shall
remove such land from the jurisdiction of this Resolution.
ARTICLE 5 - ZONING DISTRICTS
SECTION 501 AG - G
GENERAL AGRICULTURAL DISTRICT
501.01 INTENT: The
intent of this district is to promote and facilitate agricultural crop
production,
livestock
production, which is in balance with the
natural environment, and other and new forms of agricultural production which
are compatible with existing agricultural uses and the environmental
limitations of the County. The intent is
also to encourage soil and water conservation, to prevent contamination of the
natural environment within the County and to preserve and protect land best
suited for agricultural uses by preventing or regulating the introduction,
encroachment and location of commercial uses, including confined or intensive
livestock feeding uses, industrial uses and other non-agricultural uses,
including non-farm residential uses, which would be or could become
incompatible with the agricultural character and occasional generation of dust,
odors, and other similar events produced
agricultural uses, or which could result in contamination of the air, soils and
water, or which could negatively impact the use, value and enjoyment of
property, and the culture and way of
life in Perkins County.
501.02 OUTRIGHT ALLOWABLE PRINCIPAL USES AND STRUCTURES: The following uses
and
structures shall be allowable uses outright and shall not require a written
zoning permit or certificate of zoning compliance:
1.
Agricultural uses, as defined in Section 303.04 of this Resolution,
including agricultural buildings, less than 132 feet in height, but excluding
any dwelling unit(s) whether or not associated with an agricultural use, as
defined in Article 3 of this Resolution.
2.
Grain and produce storage
including non-commercial storage warehouses and plant seed
sales and storage facilities, less than
132 feet in height.
3.Irrigation
facilities, including wells, center pivots, re-use pits, well houses and
related
structures, flood control and erosion
control facilities.
4.
Forestry, tree farms and plant nurseries.
5. Oil
and gas wells.
AMENDED 501.02 5-2-11
501.03 PERMITTED PRINCIPAL USES AND STRUCTURES: The following uses and structures
shall
be permitted uses, but shall require the
issuance of a zoning permit and / or certificate of zoning compliance:
1.
Class I confined and
intensive animal feeding uses, as defined in Sections 303.25 and 303.43 of this
Resolution, when in compliance with the following restrictions:
A. A Class I feeding use shall
not be located closer than three fourths (3/4) mile north or south and one-half
(1/2) mile east or west of any church, school, public use area or any dwelling
unit not of the same ownership and not on the same premises as the feeding
use. Measurement of this distance shall
be from the point of lot, pen, building nearest to said church, school, public
use area or dwelling unit not of the same ownership and not on the same
premises as the feeding use. If one or more impact easement(s), as defined in
Section 303.41 of this Resolution, shall have been granted to the owner of the
animal feeding use, any residence(s) associated with the land on which any such
easement has been granted shall not be included in the minimum distance
measurements herein specified. Any waste
handling facility, as defined in Section 303.87 of this Resolution shall not be
considered part of the intensive animal feeding use and shall be permitted only
through conditional use approval in accordance with the procedures and
requirements set forth in this Resolution.
For
purposes of this regulation, a dwelling unit not of the same ownership and on
the same premises as the intensive animal feeding use shall be interpreted to
mean that such dwelling is an occupied or habitable dwelling and,
B. if vacant and not habitable,
would not require more cost than its present assessed valuation to make such
dwelling habitable.
C. Utilizing a 25 year storm as
a engineering basis, surface runoff or other drainage from such feeding use
shall not flow directly or indirectly into any river, stream or other drainage
way which would allow any waste to contaminate ground or surface water. Further no such use shall be located within an
area which is subject to flooding on a one-hundred (100) year basis.
D. For new Class I operations
established after February 2001, the total number of animals maintained for
intensive animal feeding purposes shall not exceed three thousand (3,000)
animal units per section of land, as defined in section 303.76, except where a
conditional use for larger number of animals has been authorized by the County
Board of Commissioners in accordance with the procedures and requirements of
this Resolution.
D. The
determination of the number of animal units in any such use shall be based upon
the
number of animal units set forth in a permit issued by the Nebraska Department
of Environmental Quality or its successor or,
in the event such a permit is not required, a such determination shall
be such determination shall be by written declaration of the owner of such use
of the one-time capacity of such use to the Zoning Administrator, using forms
provided by the Zoning Administrator , within one hundred eighty (180) days of
the effective date of this Resolution.
In the event of any dispute over the number of animal units, such
determination shall be by on-site inspection and actual counting of the number
of animal unit capacity by the Zoning Administrator or other duly appointed
official at the time of such dispute.
E. Animals shall not be introduced into the
facility until any permit required to be issued
by the Nebraska Department of
Environmental Quality, or other applicable or successor
agency, shall have been issued and such
use shall be operated at all times in a manner
consistent with the requirements of any
such required permit and any applicable
regulations of this Resolution.
F. Any Class I confined or
intensive animal feeding use in existence as of the effective date of this
Resolution which is in conformance with the regulations of this Resolution may
be expanded in the number of animal units and / or land area occupied by such
use
provided that
such expansion shall comply with all of the following limitations:
1)
Such expansion will not
decrease the distance from the confined or intensive animal feeding use and any
church, school, public use area or dwelling unit not of the same ownership and
not on the same premises with such use, below the minimum distances set forth
in Paragraph A immediately above;
2)
Any physical expansion of
such use shall be immediately contiguous with the existing animal feeding
facilities;
AMENDED ARTICLE 5, SECTION 501.03, NUMBER 1,
SUBLETTERS C AND F(3)
10-3-05
3) Such expansion may occur over time, but such
expansion(s) shall not result in the
one-time animal unit capacity which is more than fifty (50) percent
above the one- time capacity which existed as of the effective date of this
Resolution. This provision allows qualifying operations to increase to no more
than 4,500 animal units without obtaining a Conditional Use Permit.
4.) Any expansion or modification of any waste
handling facility, as defined
in Section 303.87 of this Resolution,
shall be permitted only by
conditional use approval in accordance
with the procedures and
requirements of this Resolution.
5) Additional animals shall not be added to
the use until any new permit
required to be issued by the Nebraska
Department of Environmental
Quality or other applicable or successor
agency shall have been issued and
such use shall be operated at all times
in a manner consistent with the
requirements of any such permit and any
applicable regulations of this
Resolution.
G. Exceptions to the minimum
distance requirements set forth in Paragraph A immediately above, may be
approved by conditional use where special types of intensive feeding uses,
special provisions for odor control, special provisions for dust control,
topography, prevailing winds, or other factor or combination of factors exist
and it is determined by the Board of Commissioners that reduction of this minimum
spacing distance will not interfere with the value, use and enjoyment of
adjoining and neighboring properties.
For purposes of this regulation, a dwelling unit not of the same
ownership and not on the same premises as the intensive animal feeding use shall
be interpreted to mean that such dwelling is an occupied or habitable dwelling
and, if vacant and not habitable, would not require more cost than its present
assessed valuation to make such dwelling habitable.
2. Public service facilities, including
public, parochial, private non-religious, road
maintenance equipment sheds, fire
stations, public utility substations and utility
distribution systems.
3. Churches, cemeteries and related uses.
4. Fish hatcheries, game farms and commercial
hunting and fishing where such hunting and
fishing does not involve development of
lodges or other buildings devoted solely to the
support of such hunting and fishing
activities. Temporary housing of hunters
and fishermen
and temporary hunting or fishing
shelters shall be permitted.
5. Signs, including permanent
on-site and off-site advertising signs, provided the number of
such permanent on-site signs shall not
exceed three (3) per premises and that permanent off-
site advertising signs shall be located no
closer than two-hundred fifty (250) feet from any
other on-site or off-site sign and
further provided that such on-site and off-site advertising
signs shall be setback from the
right-of-way line of any public roadway, that on-site and off-
site signs shall not exceed on-hundred
(100) feet in height, or have a sign face area larger
than one-thousand (1,000) square feet,
and that off-site and on-site advertising signs shall
have a minimum of seven (7) feet from
the ground to the bottom of the sign for signs over
twenty-five (25) square feet. On-site and off-site signs shall be setback
one hundred (100)
feet from the middle of an intersection
and all quadrants of an intersection.
Signs, including
E-911 and identification signs, shall
not be located in such a manner as to obstruct or
otherwise interfere with an official
traffic sign, signal or device, or obstruct or interfere with
a driver’s view of approaching, merging,
or intersecting traffic. Temporary signs
under
twenty-five (25) square feet, including,
but not limited to, E-911, identification signs, crop
seed identification signs, insecticide
and herbicide signs, yard sale, real estate for sale/lease
and political campaign signs shall be
exempt from these regulations. (All
permanent signs
along federal and state highways are
subject to the permit requirements of the Nebraska
Department of Roads.)
6.. Day care and child care uses.
7.Agricultural Buildings, 132
feet in height or taller provided the minimum requirements are met:
A. All proposed
agricultural buildings shall meet the minimum setbacks as noted in this
Resolution from County Road and Highway intersections.
B. All proposed
agricultural buildings shall be separated from all private airports/runways a
distance equal to a 7:1 slope (accounting for the change in grade between the
two uses) from the edge of said private landing strip, and shall include an
area 600 feet wide centered upon each runway and shall extend out from each end
for a distance of 5,280 feet on a 40:1 slope, (also accounting for the change
in grade between the two uses.)
ADDED
IN AGRICULTURAL BUILDINGS 5-2-11
8. Single-Family dwellings, including
manufactured housing, modular housing and mobile
homes,
provided such dwellings comply with all of the following conditions.
A.
Such dwellings, if not on the same lot with and not of the same
ownership as any
existing
confined animal feeding use, as defined in Section 303.25 of this
Resolution,
any
existing intensive animal feeding use, as defined in Section 303.43 of this
Resolution,
or any waste handling facility, as defined in Section 303.87 of this
Resolution,
shall be separated from such use by the minimum distance specified in Table
501.05,
MINIMUM SEPARATION DISTANCES FOR CONFINED AND INTENSIVE
ANIMAL
FEEDING USES for the size of the use and the type of waste handling facility
Proposed,
provided that if one or more impact easement(s), as defined in Section 303.42 of this Resolution, shall have been granted
to the owner of the animal feeding use, in
which
case any residence dwelling unit(s) associated with the land on which any such
easement
has been granted shall not be included in the minimum distance measurements
herein
specified. Such minimum distance shall
be measured from the nearest point of
the
area used or approved under this Resolution for the animal feeding or waste
handling
use, to such dwelling. Application of
waste which in solid form to the surface
of
the land, the application of composted waste or the injection of liquid or
slurry waste
into
the soil shall not be subject to the minimum spacing distance herein specified.
B. Exceptions to the minimum distance
separation requirements as set forth in Subsection
A
immediately above, may be permitted by conditional use where topography,
prevailing winds, or other factor or combination of factors exist and it is
determined by the Board of Commissioners that reduction in any minimum spacing
requirement will not interfere with the normal operation of an existing
confined or intensive animal feeding use.
C.
Such dwelling shall be located on a lot with an area of not less than
three (3) acres, as
set forth in Section 501.07 of this Resolution, and
such lot shall have a minimum lot width as set forth in Section 501.08 of this
Resolution, provided that a larger lot
may be required if the regulations of the Nebraska Department of Environmental
Quality or its successor with regard to proper sizing and location of a septic
tank and tile field or lagoon sewage disposal system indicate that a larger lot
is appropriate.
D. The lot on which such dwelling is
located shall front on or have access to an existing
public
roadway. The total number of dwellings
per quarter section of land shall not exceed
AMENDED
501.03-8-D, DWELLING SPACING 3-15-04
four
(4) and the minimum distance between
dwelling units shall be one thousand (1,000) or more feet,
·
unless a conditional use for a residential subdivision has been
authorized by the County Board of Commissioners
in accordance with the procedures and requirements of this Resolution,
or:
·
Up to two dwelling units sited on one tract of land or lot and share an
access road and driveway. Secondary
dwellings (as defined in 303.75-A), and dwelling units located closer than
1,000 feet to an existing dwelling (other than the primary dwelling, as defined
in 303.65-A), shall require a Conditional Use Permit.
All
secondary dwelling units shall not count against the overall density of the ¼
section, unless separated into an individual tract or parcel. Separation into an individual tract shall
require the dwelling unit to meet all applicable lot, lot area, setback, and
density requirements. No secondary
dwelling shall be allowed to separate if it cannot meet the minimum/maximum
requirements of this Resolution.
E. Residential dwellings existing on the
same premises and under the same ownership as a
confined
or intensive animal feeding use, as defined in Sections 303.25 and 303.43 of
this Resolution, as of the effective date of this Resolution shall remain under
the same
ownership
and on the same premises with such confined or intensive animal feeding use
and
shall not be subdivided or otherwise sold off as a separate parcel unless the
confined
or
intensive animal feeding use has been abandoned. Nothing in this subsection shall
prohibit
the relocation of any such dwelling unit to a location beyond the minimum
spacing
distance requirements from such confined or intensive animal feeding use as set
forth
in this Resolution.
501.04 PERMITTED
ACCESSORY USES AND STRUCTURES: The
following uses and structures shall
be permitted as accessory to the permitted principal uses and structures:
1.
Accessory uses, buildings
and structures normally and commonly appurtenant to the
permitted
principal uses and structures. Such uses, buildings or structures, if not an
agricultural building as defined, shall require the issuance of a zoning permit
and / or certificate of zoning compliance.
2.
Home occupations, in accordance with Section 608 of this Resolution.
3.
Roadside stands for the temporary sale of produce grown or crafts
produced on the premises. No zoning permit shall be required.
501.05 CONDITIONAL USES: After the provisions of this Resolution
relating to conditional uses have
been fulfilled, the Board of Commissioners may, in accordance with the
procedures and requirements
of Article 10 of this Resolution, permit the following as conditional uses in
the
AG
- G, General Agricultural District:
1. Expansion of existing Class
I confined or intensive animal feeding uses not in compliance with the
requirements of this Resolution, expansion of existing Class II, III or IV
confined or intensive animal feeding use or development of a new Class II, III,
and IV confined or intensive animal feeding uses, as defined and classified in
Sections 303.25 and 303.43 of this Resolution, provided each such confined or
intensive animal feeding use shall meet all of the following requirements and
be restricted in size as set forth below:
Such confined or intensive animal feeding uses shall meet or exceed the
requirements set forth below and the use and any waste handling facility use
associated with such use shall meet or exceed the separation distances set
forth in Table 501.05 MINIMUM SEPARATION DISTANCES FOR CONFINED AND INTENSIVE
ANIMAL FEEDING USES for the class of the confined or intensive animal feeding
use and the type of waste handling facility use. Any waste handling facility use shall also
meet or exceed all requirements for waste handling facility uses, as set forth
in Subsection 2 of this Section.
A.
Confined or intensive animal feeding uses in existence as of the
effective
date
of this Resolution shall require a declaration of the current capacity of the
existing use. The determination of the
number of animal units in any such use shall be based upon the number of animal
units set forth in a permit issued by the Nebraska Department of Environmental
Quality or its successor or, in the
event such a permit is not required, a such determination shall be such
determination shall be by written declaration of the owner of such use of the
one-time capacity of such use to the Zoning Administrator, using forms provided
by the Zoning Administrator , within one hundred eighty (180) days of the effective
date of this Resolution. In the event of
any dispute over the number of animal units, such determination shall be by
on-site inspection and actual counting of the number of animal unit capacity by
the Zoning Administrator or other duly appointed official at the time of such
dispute.
B. For all categories of
confined and intensive animal feeding uses, regardless of size or type, all
run-off, control ponds and basins,
methods of waste disposal and related waste handling facilities and operational
activities shall be engineered and developed to minimize air and ground and
surface water pollution and shall be constructed and operated in accordance
with the requirements established by the County Board of Commissioners who may
request review and recommendations by the applicable Natural Resource District,
the Natural Resources Conservation Service,
the Nebraska Department of Environmental Quality, their successor agencies, geologists, soil
scientists, agronomist, biological engineers,
civil engineers and any other entity with environmental protection
expertise and shall have a permit from
the Nebraska Department of Environmental Quality if a permit is so
required by said Department.
C.
Any confined or intensive animal feeding use shall be located only in
areas of the
County
which are not subject to flooding on a one hundred (100) year basis, and only
in areas where it is determined by the County Board of Commissioners that the
geology, soil permeability, depth to water table, drainage patterns and other
natural environment characteristics will minimize the potential for surface and
ground water contamination. In making a
determination regarding the appropriateness of the site, the County Board of
Commissioners shall utilize the advice and recommendations of the Natural
Resource District, the Natural Resources Conservation Service, and any
geologist, soil scientists or other persons or entities with applicable
environmental protection expertise.
D.
Any confined or intensive animal feeding use shall generally be located
only in areas of the County where the impact(s) on the public infrastructure
and services, particularly roads and bridges, will not result in an undue cost
burden to the taxpayers of the County in providing such infrastructure and
services. In making a determination
regarding the appropriateness of the site, if the County Board of Commissioners
determine that the anticipated impacts will unduly impact the present level of
services, road maintenance or bridge capacities and maintenance, the Board may
require financial participation by the owner of the animal feeding use in the
maintenance of said infrastructure.
E. Each confined and intensive
animal feeding use shall be engineered, constructed and
operated
utilizing best management practices to minimize odor, dust, flies, vermin and
other
problems and hazards to avoid environmental contamination and / or negative
impacts
on adjoining and neighboring properties.
F. Each confined and intensive
animal feeding use shall submit a plan for the proper and
timely disposal of dead animals. Such plan shall
comply with any requirements of law or regulations of the State of Nebraska and
shall be subject to the approval of the County
Board of Commissioners, who may
establish additional requirements regarding the proper and timely disposal of dead animals. The proposed use of a separate entity or company to collect and dispose of dead
animals shall require written verification of the availability of and commitment to provide such services by
the separate entity or company
and written notice to the County immediately upon the cessation of such services by said entity or company and
an indication of how dead animal disposal will occur
in a timely manner.
G. All
locations which are used by any authorized confined or intensive animal feeding
use
for stockpiling or composting of livestock
manure, bedding or other waste shall be subject to authorization by the County
Board of Commissioners as part of the authorization of any waste handling
facility use and such authorization may include the establishment of maximum
amounts of waste which may be stockpiled, the methods and operation of any waste composting facility, and
facilities to collect and properly digest or dispose of any waste contaminated runoff from any
waste stockpiling or composting site.
H. Each confined or intensive
animal feeding use authorized by the County Board of
Commissioners shall agree to permit unannounced
access to the use to allow inspection of the premises by persons designated by
the County Board of Commissioners to assure compliance with all conditions
established by the County Board of Commissioners in authorizing such use. Such inspections shall be conducted on a
written complaint basis or as a result of information gathered through his /
her own investigation and shall first be investigated by the Zoning
Administrator who shall document compliance or lack of compliance with all
conditions of use established by the County Board of Commissioners in
authorizing such use. The Zoning Administrator shall make a reasonable effort
to contact the owner / operator of the confined or intensive feeding use to be
inspected prior to such inspection, but in the event such reasonable effort is
unsuccessful, the inspector shall be authorized to enter the subject premises
to conduct the necessary inspection. If
the Zoning Administrator shall determine that additional inspection expertise
is needed to verify compliance, the Administrator shall report such
determination to the County Board of Commissioners who shall identify and appoint
such person with the needed expertise as an inspector. Such inspections shall be considered a
general function of the enforcement of this Resolution by the County and the
cost of such inspection of such complaints shall be considered an
administrative expense of the County and shall not be assessed against the
owner(s) of an intensive feeding use(s).
Upon
a finding by the Zoning Administrator or other inspector that the confined or
intensive
animal feeding use is not in compliance with the approved conditions of use,
he/she
shall report same to the County Board of Commissioners and shall notify the
owner
/ operator of the confined or intensive animal feeding use involved, in
writing,
that
the use is in violation of the approved conditions of use and shall state the
specific
violation(s)
of such conditions. The owner /
operator of such use(s) shall have thirty
(30)
calendar days to correct such violation.
If the violation is not corrected within such
time
period, as verified through additional inspection(s) by the Zoning
Administrator or
other
appointed inspector, the Zoning Administrator shall initiate any and all
actions
authorized
under this Resolution to require compliance with the conditions of use
approved
by the County Board of Commissioners, including the possible requirements of
reducing
the number of animal units on the premises or removal of all animals until
such
violation(s) have been corrected.
A
condition of authorization of any confined or intensive animal feeding use
shall be
that
the owner(s) / operator of each intensive animal feeding use authorized under
this Resolution shall agree to comply
with any written order of the County Board of Commissioners,
up to and including reduction in the number of animals being feed at the location, to correct any lack of
compliance with any conditions of the original or subsequent conditional use authorization detected in
any on-site inspection within Thirty (30)
calendar days of the date of the written order for compliance issued by the
Zoning Administrator. In the event the owner / operator of the
confined or intensive animal
feeding use involved in the inspection can present
reasonable cause to the County Board of Commissioners that additional time to
comply with any order of the Zoning Administrator is needed, the County Board
of Commissioners may authorize an extension of time up to, but not exceeding
Sixty (60) calendar days. Failure to comply with the order for compliance
within the time specified shall result in a further order to remove all animals
from the premises until such time as compliance with these regulations can be
achieved.
The
provisions for inspections of confined or intensive animal feeding uses shall
apply
to
uses which were in existence as of the effective date of this Resolution to the
extent of
determining
compliance with the limitations on unauthorized expansion of such
facilities,
but the provisions for inspections and compliance shall fully apply to any
confined
or intensive animal feeding uses which were in existence as of the effective
date
of this Resolution, if any such use has been expanded in its capacity beyond
that
which
existed as of the effective date of this and a conditional use for such
expansion
has
been authorized by the County Board of Commissioners.
I. Residential dwellings existing on the
same premises and under the same ownership as a
confined
or intensive animal feeding use as of the effective date of this Resolution
shall
remain
under the same ownership and on the same premises with such confined or
intensive
animal feeding use and shall not be subdivided or otherwise sold off as a
separate
parcel unless the confined or intensive animal feeding use has been abandoned.
Nothing
in this subsection shall prohibit the relocation of any such dwelling unit.
J. In
authorizing any confined or intensive animal feeding use, the County Board of
Commissioners
may attach any additional requirement or condition of design or operation of
such use, which may be in excess of any standards or requirements of the
Nebraska Department of Environmental Quality or the United States Department of
Environmental Protection, which will minimize the potential for environmental
degradation and/or negative impacts on adjoining and neighboring properties,
provided such requirement or condition is based upon scientific fact, which may
include recommendations by the Natural Resource District, the Natural Resources
Conservation Service, geologists, biological engineers, civil engineers and any
other entities with applicable environmental protection expertise and not here
say, unfounded public remonstrance or other reason not based on reasonable
finding or fact.
K. Where any Federal or State
of Nebraska permit for facilities associated with a confined or Intensive
animal feeding uses is required, such permits shall be approved by the
appropriate Federal or State agency and all facilities required by such Federal
or State agency and all facilities and safeguards required by the County Board
of Commissioners shall be in place and operable prior to introduction of any
animals into such use.
L. Exceptions to the minimum distance
requirements may be approved as part of granting
of a conditional use where
special types of confined or intensive animal feeding uses,
special
provisions for odor control, special provisions for dust control,
topography,
prevailing
winds or other factor or combination of other factors exist and it is
determined
by the Board of Commissioners that reduction of this minimum spacing
distance
will not unreasonably interfere with the value, use and enjoyment of adjoining
and
neighboring properties.
M. Any conditional use application for a
confined or intensive animal feeding use, which is
Determined
by the County Board of Commissioners to be in compliance with all requirements
of this Section, to be in compliance with the requirements for any waste
handling facility as set forth in Subsection 2 of this Section and for which
there is agreement by the owner of such proposed use to comply with any
additional requirement or condition established by the Board of Commissioners,
as set forth in Paragraph J above and Subsection 2, Paragraph G immediately below shall be
authorized by the County Board of Commissioners.
2.
Waste handling facilities of the three allowable categories (A-Aerobic,
R-Runoff/Catchbasin, and S-Solid) as defined in Section 303.87 of this
Resolution, including any land application of waste from a waste handling
facility use serving confined or intensive animal feeding uses located outside
the boundaries of Perkins County, Nebraska, on land within the County, provided
such waste handling facilities shall meet or exceed all the requirements of
this Subsection listed below. All other
types of waste handling facilities shall be prohibited.
A. Such use shall meet or exceed the minimum separation distances
set forth in Table 501.05, MINIMUM SEPARATION DISTANCES FOR CONFINED AND
INTENSIVE
ANIMAL
FEEDING USES for the size of the use and the type of waste handling facility
proposed.
B. For all categories of waste
handling facility uses, regardless of size or type, all run-off, control ponds
and basins, methods of waste disposal and related waste handling facilities and
operational activities shall be engineered and developed to minimize air and
ground and surface water pollution and shall be constructed and operated in
accordance with the requirements established by the County Board of
Commissioners who may request review and recommendations by the applicable
Natural Resource District, the Natural Resources Conservation Service, the Nebraska Department of Environmental
Quality, their successor agencies,
geologists, soil scientists, agronomist, biological engineers, civil engineers and any other entity with
environmental protection expertise and shall have a permit from the Nebraska Department of Environmental
Quality if a permit is so required by said Department.
C. Any
waste handling facility use which proposes to dispose of any waste through
application of said waste on crop or other land shall indicate that the owners
of such waste handling facility use shall have, either through ownership or
lease of suitable terms, an adequate amount of such land to permit application
of such waste based on the nutrient needs of the crops to be produced and avoid
any build-up of nutrients or chemicals which can damage the production capacity
of the land, result in runoff of such waste or chemicals into abutting property
or into any stream or drainage way or in any way contaminate the
environment. The County Board of
Commissioners, in authorizing any waste handling facility use, may utilize
recommendations of the Natural Resources Conservation Service, the Cooperative
Extension Service and any other crop production experts in determining the
maximum amount of waste to be placed on each acre of land to be used for such
purposes, the timing of such waste placements, and the total amount of land
necessary to distribute all waste, and shall establish such maximum per acre
application limits and such minimum total land area, which may be beyond the
standards established by the Nebraska Department of Environmental Quality and
the United States Environmental Protection Agency, as conditions of such authorization. The County Board of Commissioners may require
the owner / operator of such waste handling facility use to conduct, or allow
to be conducted by a third party at the owner’s / operator’s expense, soil sampling and testing for build up of
nutrients on all locations where waste is to be placed and may require the
submission of the results of such soil sampling and testing to the County Board
of Commissioners. Application of
completely composted animal waste shall be exempt for the requirements of this
subsection, provided that the site for such composting shall be authorized in
accordance with Subsection D immediately below.
D. All
locations which are used by any authorized waste handling facility use for
stockpiling or composting of waste
shall be subject to authorization by the County Board of Commissioners as part of the authorization of any
waste handling facility use and such
authorization may include the establishment of maximum amounts of waste which may be stockpiled, the methods and
operation of any waste composting facility, and facilities to collect and properly digest or dispose of any
waste contaminated runoff from any
waste stockpiling or composting site.
E. The
owner / operator of any waste handling facility use authorized by the County
Board
of
Commissioners shall agree to permit unannounced access to the waste handling
facilities to allow inspection of
the premises by the Zoning Administrator or other person(s) designated by the County Board of
Commissioners to assure compliance with all
conditions established by the County Board of Commissioners in authorizing such
use, provided that the
Zoning Administrator or other designated person(s) shall make a reasonable effort to notify the owner of
such use of the proposed inspection prior to said
inspection by telephone. The inability
to notify the owner of such use of the proposed
inspection, after reasonable effort to do so, shall not serve to prohibit any proposed inspection. Such inspections shall be conducted on a
written complaint basis or as a
result of information gathered through his / her own investigation and shall
first be investigated by the
Zoning Administrator who shall document compliance or lack of compliance with all conditions of use
established by the County Board of
Commissioners in authorizing such use.
Such inspections shall be considered a general function of the Zoning Administrator and the cost of
such inspection of such complaints shall
be considered an administrative expense of the County and shall not be assessed
against the owner(s) of a
waste handling facility use.
Upon
a finding by the Zoning Administrator that a waste handling facility use is not
in compliance with the approved
conditions of use, he/she shall report same to the County Board of Commissioners and shall notify
the owner / operator of the waste handling facility
use involved, in writing, that the use is in violation of the approved conditions
of use and shall state the specific
violation(s). The owner / operator of
such use shall have
thirty
(30) calendar days to correct such violation.
If the violation is not corrected
within
such time period, as verified through additional inspection(s) by the Zoning
Administrator,
the Zoning Administrator shall initiate all actions authorized under this
Resolution
to require compliance with the conditions of use approved by the County
Board
of Commissioners, including the possible requirements of reducing the waste
produced
by reduction in the activities generating such waste or in the case of confined
or
intensive animal feeding uses, reducing the number of animal units on the
premises
or
removal of all animals until such violation(s) have been corrected.
A
condition of authorization of any waste handling facility use shall be that the
owner(s) / operator of each such use
authorized under this Resolution shall agree to comply with any written order
of the County Board of Commissioners, up to and including reduction in the
activities generating such waste or in the case of confined or intensive animal
feeding uses, reduction in the number of animals being feed at the location, to
correct any lack of compliance
with any conditions of the original or subsequent conditional use authorization detected in any on-site
inspection within Thirty(30) calendar days of the date of the written order for
compliance issued by the Zoning Administrator.
In the event the owner
/ operator of a waste handling facility use involved in the inspection can present reasonable cause to the County
Board of Commissioners that additional time to
comply
with any order of the Zoning Administrator is needed, the County Board of
Commissioners
may authorize an extension of time up to, but not exceeding Sixty (60)
days.
Failure to comply with the order for compliance within the time specified shall
result
in a further order to cease all activities which result in the generation of
waste or
in
the case of confined or intensive animal feeding uses, the removal of all
animals from
the
premises until such time as compliance with these regulations can be achieved.
The
provisions for inspections of waste handling facilities shall apply to waste
handling facility uses which were in
existence as of the effective date of this Resolution to the extent of determining compliance
with the limitations on unauthorized expansion of such facilities, but the provisions for inspections
and compliance shall fully apply to any waste
handling facility uses which were in existence as of the effective date of this
Resolution, if any such use has been
expanded in its capacity beyond that which existed as of the effective date of this and a conditional
use for such expansion has been authorized
by the County Board of Commissioners.
F. Any waste handling facility use shall be
located only in areas of the County
which are not subject to flooding on a one hundred
(100) year basis, and only in areas where it is determined by the County Board
of Commissioners that the geology, soil permeability, depth to water table,
drainage patterns and other natural environment characteristics will minimize
the potential for surface and ground water contamination. In making a determination regarding the
appropriateness of the site, the County Board of Commissioners may utilize the
advice and recommendations of the Natural Resource District, the Natural
Resources Conservation Service, geologist and any other entities with
applicable environmental protection expertise.
Where it is determined that the geology, soil permeability, depth to
water table, drainage patterns or other environmental characteristic would
present a reasonable potential for contamination of groundwater through leakage
from a lagoon or waste holding pond, the County Board of Commissioners may
require the use of above ground waste storage tanks.
G. Each
waste handling facility use shall be engineered, constructed and operated utilizing best
management practices to minimize odor, dust, flies, vermin and other problems
and hazards to avoid
environmental contamination and / or negative impacts on adjoining and neighboring properties.
H. In
authorizing any waste handling facility use, the County Board of Commissioners
may attach any additional requirement or condition
of design or operation of such use, which may be in excess of any requirement
or condition of the Nebraska Department of Environmental Quality or the United
States Department of Environmental Protection, which will minimize the
potential for environmental degradation and/or negative impacts on adjoining
and neighboring properties, provided such requirement or condition is based
upon scientific fact, which may include recommendations by the Natural Resource
District, the Natural Resources Conservation Service, geologists, biological
engineers, civil engineers and any other entities with applicable environmental
protection expertise and not here say, unfounded public remonstrance or other
reason not based on reasonable finding or fact.
I. In authorizing any waste handling
facility use, the County Board of Commissioners
may, after recommendation by the applicable Natural
Resources District, require the installation of one or more groundwater
monitoring wells at recommended locations, require that sampling from such
well(s) occur on a particular schedule, that sampling of the well(s) be
conducted by an independent party, that
independent laboratory analysis of the samples be conducted, and that the
results of the laboratory analysis be provided to the County Board of
Commissioners in accordance with the sampling schedule, all at the expense of
the owner of the waste handling facility use.
In establishing any requirement for monitoring wells, the County Board
of Commissioners shall take into account any such wells required by the
Nebraska Department of Environmental Quality in its permitting process.
J. Any waste handling facility use shall
generally be located only in areas of the County
where the impact(s) on the public infrastructure and
services, particularly roads and bridges, will not result in an undue cost
burden to the taxpayers of the County in providing such infrastructure and services. In making a determination regarding the
appropriateness of the site, if the County Board of Commissioners determine
that the anticipated impacts will unduly impact the present level of services,
road maintenance or bridge capacities and maintenance, the Board may require
financial participation by the owner of the animal feeding use in the
maintenance of said infrastructure.
K. Where any Federal and/or State of Nebraska permit for facilities associated with a waste handling facility use is required, such permit(s) shall be approved by the appropriate Federal or State agency and all facilities required by such Federal or State agency and all facilities and safeguards required by the County Board of Commissioners shall be in place and operable prior to the generation of waste or in the case of confined or intensive animal feeding uses, prior to the introduction of any animals to the premises.
L. Exceptions
to the minimum separation distance requirements set forth in Table
501.05
of this Resolution may be approved as part of granting of a conditional use where special types of waste handling
facility uses, special provisions for
odor control, special provisions for dust control, topography,
prevailing winds, or other factor or combination
of other factors exist and it is determined by the County Board of Commissioners that reduction of this minimum
spacing distance will not unreasonably interfere
with the value, use and enjoyment of
adjoining and neighboring properties.
M. Any
conditional use application for a waste handling facility use which is
determined by
the County Board of Commissioners to be in compliance with all requirements of this Section and for which there is agreement by the owner of such proposed use to comply with any additional requirement or condition established by the Board of Commissioners, as set forth in Subsection I and J immediately above, shall be authorized by the County Board of Commissioners.
ANIMAL FEEDING USE (by class) Minimum distance from
Confined Minimum
distance from Waste Handling
and Animal
Feeding Use to any neighboring Facility
Use to any neighboring dwelling
WASTE HANDLING FACILITY USE
(by type) dwelling unit, church, school or public unit, church, school or public use area*
use
area*
North
/ South East / West North / South East /
West
CONFINED ANIMAL FEEDING USE
Class I
Confined Animal Feeding Use: 0.75
mile 0.5 mile na
na
Waste
Handling Facility Use:
Category A (aerobic) na na
0.5 mile 0.25
mile
Category R (runoff / catch basin)** na na
0.75 mile 0.5 mile
Category S (solid) na na
0.75 mile 0.5 mile
Class II
Confined Animal Feeding Use: 1.0
mile 0.75 mile na na
Waste
Handling Facility Use:
Category A (aerobic) na na
0.75 mile 0.5 mile
Category R (runoff / catch basin)** na na
1.0 mile 0.75 mile
Category S (solid) na na
1.0 mile 0.75
mile
Class III
Confined Animal Feeding Use: 1.5
miles 1.0 mile na
na
Waste
Handling Facility Use:
Category A (aerobic) na na
1.0 mile 0.75
mile
Category R (runoff / catch basin)** na na
1.5 miles 1.0 mile
Category S (solid) na na
1.5 miles
1.0 mile
Class IV
Confined Animal Feeding Use: 2.0
miles 1.25 miles na na
Waste
Handling Facility Use:
Category A (aerobic) na na
1.25 miles 1.0 mile
Category R (runoff / catch basin)** na na
2.0 miles 1.25 miles
Category S (solid) na na
2.0 miles 1.25 miles
INTENSIVE ANIMAL FEEDING USE
Class I
Intensive Animal Feeding Use: 0.75
mile 0.5 mile na
na
Waste
Handling Facility Use:
Category A (aerobic) na na
0.75 mile
0.5 mile
Category R (runoff / catch basin)** na na
0.75 mile
0.5 mile
Category S (solid) na na
0.75 mile
0.5 mile
Class II
Intensive Animal Feeding Use: 1.5
mile 1.0 mile na
na
Waste
Handling Facility Use:
Category A (aerobic) na na
1.5 mile
1.0 mile
Category R (runoff / catch basin)** na na
1.5 mile 1.0 mile
Category S (solid) na na
1.5 mile
1.0 mile
Class III
Intensive Animal Feeding Use: 2.0
miles 1.25 miles na na
Waste
Handling Facility Use:
Category A (aerobic) na na
2.0 miles 1.25
miles
Category R (runoff / catch basin)** na na
2.0 miles 1.25 miles
Category S (solid) na na
2.0 miles 1.25
miles
Class IV
Intensive Animal Feeding Use: 3.0
miles 1.5 miles na
na
Waste
Handling Facility Use:
Category A (aerobic) na na
3.0 miles
1.5 miles
Category R (runoff / catch basin)** na na
3.0 miles 1.5 miles
Category S (solid) na na
3.0 miles
1.5 miles
__________________________________________________________________________________________________________________
Footnotes: na
- not applicable
* Measurement of this distance shall be
from the point of the building, lot or pen of a confined or intensive animal
feeding use or waste
handling facility use nearest to a church, school, public use area
or dwelling not on the same premises and not of the same ownership
as
the confined or intensive animal feeding
use or waste handling facility use to
the nearest point of such dwelling, church, public
use
area or school, provided that if one or
more impact easement(s), as defined in Section 303.41 of this Resolution, shall
have been
granted
to the owner of the confined or intensive animal feeding use or waste handling
facility use, in which case any
residence(s)
associated with the land on which any such easement has been
granted shall not be included in the minimum distance measurements .
** Liquid
waste from any Category R (runoff / catch basin) may be applied to land by
injection into the soil only. Liquid
waste may be
stored in a runoff or catch basin not longer than one
hundred twenty (120) days in a calendar year.
Compliance with this
impoundment time limitation shall require evaporation of the liquid and cleaning out of the solid materials in the basin and/or pumping and injection of the liquid waste into the solid or for use in adding moisture to an aerobic composting process and cleaning out of the solids in the basin.
3.
General welding and agricultural equipment repair businesses, automobile
repair and body
shop businesses and other commercial business and industrial uses
determined by the Board
of Commissioners to be reasonably compatible with the surrounding land
uses with regard to
traffic generation, noise, odors,
dust, vibrations and potential
air, soil or water pollution
or explosion or other hazards.
4.
Livestock auction barns and yards.
5.
Crop dusting businesses and related aircraft landing strips and
airports.
6.
Commercial fuel and fertilizer bulk plants, provided such higher density
residential uses are
located near municipalities within the County or in such other areas
where the development
of higher density uses can be adequately served by roadways, water and
sewer utilities, as
well as law enforcement, fire
protection and other public services, as determined by the
Board
of Commissioners.
7.
Recycling facilities and solid waste transfer stations when in
compliance with all
requirements established by the Board of Commissioners in granting a
conditional use and
in compliance with all requirements of the Nebraska Department of
Environmental Quality.
8.
Waste handling facility uses, not associated with confined or intensive
animal feeding uses,
subject to the requirements of Section 501.05, Subsection 2 of this
Resolution.
9.
Salvage (junk) yards, provided
such uses are separated from any existing dwelling unit,
church, school or cemetery by a
distance of not less than one-half (1/2) mile.
10.
Residential dwellings in excess of the four (4) dwellings per section of
land limitation
established in Section 501.03, Subsection 10 of this Resolution and
residential subdivisions
where it can be demonstrated that development of such additional
dwellings will not result
in incompatibilities with agricultural uses and operations or confined
or intensive animal
feeding uses and will not result in undue increases in costs maintain
County roads, bridges
or other structures or undue increases in the costs of providing law
enforcement, fire
protection and other applicable public services.
11.
Public and private recreational uses and commercial recreational
enterprises, including
parks, playgrounds,
campgrounds, riding stables, game
lodges, canoe outfitters, rental
cabins, camp stores, public or commercial river access sites and
other similar uses
including bed and breakfast operations and motels.
12.
Mineral extraction and sand and gravel extraction facilities and operations.
13.
Nursing home facilities and group homes.
14. Dwelling units and secondary units that
are closer than 1,000 feet from another dwelling
unit, except for a secondary dwelling being closer to its primary
dwelling unit.
15. More than one secondary dwelling to a
primary dwelling.
16.
Private airports, provided such airports are not located within the Airport Approach Overlay District
extending around the Grand Municipal Airport and runway(s) or the designated
Approach Overlay of any other established public airport, and including, but
not limited to, the following conditions:
A. Such airports shall request a “No Objection,
No objection with provisions, or Objectionable Determination” from the Federal
Aviation Administration, prior to applying to the county and shall abide by all
conditions set by the FAA in that determination. Any conditions or objections noted in the
document may form the basis for denial of the Conditional Use.
B.
Such airports shall not be so located as to prohibit federal funding for the
location, expansion or improvements of public airports.
C. All runways shall be set back from any
residence, church, school, or places of public assembly, excluding the owners,
provided that the residence, church, school or place of public assembly be set
back a minimum horizontal distance of 2,000 feet beyond the end or side of the
required runway length, except for the residence and buildings of the runway
owner.
D. An aircraft that is approaching or departing
from the runways of a private airport shall meet all FAA flyover minimums.
E. A private airport may construct closer to an
existing building or structure, provided that such private airport receive an
impact easement from the property owner of the existing building or
structure. Said easement shall be
recorded in the public real estate record, and shall describe the benefitted
and burdened parcels and shall run with the land. ADDED PRIVATE AIRPORTS 5-2-11
17.
Commercial Wind energy conversion systems, provided the following
minimum requirements are followed:
A. The minimum requirements of Section 611 shall
be met.
B. All proposed Commercial Wind Energy
Conversion Systems shall be separated from all private airports/runways a
distance equal to a 7:1 slope (accounting for the change in grade between the
two uses) from the sides of said private runway, and shall include an area 600
feet wide centered upon each runway and shall extend out from each end for a
distance of 5, 280 feet on a 40:1 slope (also accounting for the change in
grade between the two uses.)
C. All proposed Commercial Wind Energy
Conversion Systems shall be separated from all private airports/runways a
distance equal to 15 rotor diameters from the sides of said private runway.
D. A Commercial Wind Energy Conversion System
may construct closer to an existing private airport; provided that such
Commercial Wind Conversion System receive an impact easement from said private
airport owner. Said easement shall be
recorded in the public real estate record, and the easement shall describe the
benefitted and burdened parcels and shall run with the land. ADDED COMMERCIAL WIND ENERGY CONVERSION
SYSTEMS 5-2-11
16. Radio,
Television, microwave and other
types of erected towers, subject to applicable
airport, airstrip and heliport zoning restrictions set forth in this
Resolution, including the following:
A. The minimum requirements of Section 609:
Radio, TV and Wireless Communication Towers.
B. All radio, TV and wireless
Communication towers shall be separated from all private airports/runways a
distance equal to a 7:1 slope (accounting for the change in grade between the
two uses) from the sides of said private runway, and shall include an area 600
feet wide centered upon each runway and shall extend out from each end for a
distance of 5,280 feet on a 40:1 slope, (also accounting for the change in
grade between the two uses). AMENDED RADIO, TV, AND MICROWAVE TOWERS 5-2-11
501.05 (16) MORE THAN ONE
SECONDARY DWELLING 3-15-04
AMENDED 501.05, REMOVED #14, OTHER COMPARABLE USES 5-21-07
501.06 PROHIBITED USES AND STRUCTURES: All other uses and structures which are not
specifically
allowed in this District as permitted uses,
accessory uses or conditional uses shall be
prohibited.
501.07 MINIMUM LOT AREA REQUIREMENTS: The following shall be the minimum lot area
requirements
for uses located within this district:
1.
The minimum lot area for a single-family dwelling unit, manufactured
home, modular home or mobile home shall be three (3) acres, provided that a
larger lot area may be required by the standards and regulations of the
Nebraska Department of Health and the Nebraska Department of Environmental
Quality with regard to proper sizing and location of septic tank and tile field
or lagoon sewage disposal systems.
2.
The minimum lot area for uses identified as conditional uses in this
District, other than residential dwelling units in residential subdivisions,
shall be the lot area appropriate for such uses, as determined by the Board of
Commissioners in granting of any such use in accordance with Article 10 of this
Resolution, provided that no lot shall be less than three
(3) acres in area.
501.08 MINIMUM LOT WIDTH AND FRONTAGE: The following shall be the minimum lot width
and
frontage requirements for uses located within this district:
3.
The minimum lot width shall be four hundred (400) feet and the minimum
lot frontage shall be one hundred fifty (150) feet, except that the minimum lot
width and frontage for uses identified as conditional uses in this district
shall be the lot width and frontage appropriate to such uses, as determined by the Board of Commissioners
in granting of any such use in accordance with Article 10 of this
Resolution, provided that no lot shall
have a width less than four hundred (400) feet and a minimum frontage less than
one hundred fifty (150) feet.
501.09 MINIMUM SETBACK REQUIREMENTS: The following shall be the minimum yard
requirements for uses located within this district:
1. Front Setback - Eighty Four (83) feet, provided that for
lots which front on a Federal or
State Highway the front setback shall be
one-half (1/2)the width of the highway right-of-way plus fifty
(50) feet
2.Side Setback - Fifty (50) feet
3.Rear Setback - Fifty (50) feet
A building or structure may
construct closer to an existing private airport, provided that they receive an
impact easement from said property owner.
Said easement shall be recorded in the public real estate record, and
the easement shall describe the benefitted and burdened parcels and shall run
with the land.
ADDED AIRPORT LANGUAGE
5-2-11
501.10 MAXIMUM HEIGHT: No limitation, unless otherwise noted in this
Resolution, except for buildings designed for human habitation which shall be a height limitation of Thirty
Five (35) feet and, except for any applicable
restrictions in airport approach zones as set forth in Section 503 of
this Resolution.
No building or structure,
EXCEPT the residence and buildings of the owner of a private airport shall be
constructed closer than what a 40:1 slope will allow from the end of the
private runway and what a slope of 7:1
will allow from the sides of a private runway, unless the parties have an
impact easement. Said easement shall be
recorded in the public real estate record, shall describe the benefitted and
burdened parcels and shall run with the land.
The maximum height
requirements for the end of a private runway shall include an area 600 feet
wide, centered upon said private runway and shall extend out from each end for
a total of 5, 280 feet.
ADDED AIRPORT LANGUAGE
5-2-11
AMENDED 501.09: SETBACKS IN
A GENERAL AG DISTRICT 8-19-02
(This page left blank to accommodate future amendments)
SECTION 502 AG - T TRANSITIONAL AGRICULTURAL DISTRICT
502.01 INTENT: The
intent of this district is to preserve land for and encourage residential,
commercial
and industrial developments in a compatible relationship to each other around
the
incorporated
municipalities within the County and provide protection of these urban areas
from encroachment of incompatible confined or intensive animal feeding and
other land uses while allowing
agricultural uses which will not negatively impact non-agricultural uses
in the zoning
district
or the incorporated municipalities, around which this zoning district is
applied.
502.02 OUTRIGHT ALLOWABLE PRINCIPAL USES AND
STRUCTURES: The following uses
and structures shall be allowable uses outright and
shall not require a written zoning permit or certificate of zoning compliance:
1. Agricultural uses, as
defined in Section 303.04 of this Resolution, including agricultural buildings
less than 132 feet in height, but excluding any dwelling unit(s) whether or not
associated with an agricultural use as defined in Article 3 of this Resolution.
2. Grain and produce storage
including non-commercial storage warehouses and plant seed
sales and storage facilities, less than
132 feet in height.
3. Irrigation facilities, including wells, center pivots, re-use pits,
well houses and related
structures, flood control and erosion control facilities.
4. Forestry, tree farms and plant nurseries.
5. Child
and day care uses conducted within a permitted dwelling unit
6. Oil and
Gas wells.
AMENDED 502.02
5-2-11
502.03 PERMITTED PRINCIPAL USES AND STRUCTURES: The following uses and structures
shall be permitted uses, but shall require the issuance of a zoning
permit and / or certificate of zoning compliance:
1. Public
service facilities, including
public, parochial, private non-religious, road
maintenance equipment sheds, fire
stations, public utility substations and
utility
distribution systems.
2.
Churches, cemeteries and related
uses.
3. Fish hatcheries, game farms and commercial hunting and fishing
where such hunting and
fishing does
not involve development of lodges or other buildings devoted solely to the
support
of such hunting and fishing activities.
Temporary housing of hunters and
fishermen and temporary hunting or fishing shelters shall be permitted.
4. Signs,
including permanent on-site and off-site advertising signs, provided the number
of
such permanent on-site signs shall not
exceed three (3) per premises and that permanent off-
site advertising signs shall be located
no closer than two-hundred fifty (250) feet from any
other on-site or off-site sign and
further provided that such on-site and off-site advertising
signs shall be setback from the
right-of-way line of any public roadway, that on-site and off-
site signs shall not exceed one-hundred
(100) feet in height, or have a sign face area larger
than one-thousand (1,000) square feet,
and that off-site and on-site advertising signs shall
have a minimum of seven (7) feet from
the ground to the bottom of the sign for signs over
twenty-five (25) square feet.
On-site and off-site signs shall be
setback one hundred (100)
feet from the middle of an intersection
and all quadrants of an intersection.
Signs, including
E-911 and identification signs, shall
not be located in such a manner as to obstruct or
otherwise interfere with an official traffic
sign, signal or device, or obstruct or interfere with
a driver’s view of approaching, merging,
or intersecting traffic. Temporary signs
under
twenty-five (25) square feet, including,
but not limited to, E-911, identification signs, crop
seed identification signs, insecticide
and herbicide signs, yard sale, real estate for sale/lease
and political campaign signs shall be
exempt from these regulations. (All
permanent signs
along federal and state highways are subject
to the permit requirements of the Nebraska
Department of Roads.
5. Child care and day care uses, involving
buildings other than a residential dwelling unit.
6.
Single-Family dwellings, including manufactured housing, modular homes
and mobile
homes, provided such dwellings
comply with all of the following conditions.
A. Such dwellings, if not on the same lot with and not of the
same ownership as any
existing
confined animal feeding use, as defined in Section 303.25 of this Resolution,
any
existing intensive animal feeding use, as defined in Section 303.43 of this
Resolution,
or any waste handling facility, as defined in Section 303.87 of this
Resolution,
shall be separated from such animal feeding use by the minimum distance
specified
in Table 501.05, MINIMUM SEPARATION DISTANCES FOR CONFINED
AND
INTENSIVE ANIMAL FEEDING USES for the size of the use and the type of
waste
handling facility proposed, provided that if one or more impact easement(s), as
defined
in Section 303.42 of this Resolution,
shall have been granted to the owner of
the
animal feeding use, in which case any residence dwelling unit(s) associated
with the
land
on which any such easement has been granted shall not be included in the
minimum
distance measurements herein specified.
Such minimum distance shall be
measured
from the nearest point of the area used or approved, under this Resolution for
the
animal feeding use, including any waste handling facility use, to such
dwelling.
Application
of waste which in solid form to the surface of the land, the application of
composted
waste or the injection of liquid or slurry waste into the soil shall not be
subject
to the minimum spacing distance herein specified.
B.
Exceptions to the minimum distance separation requirements as set forth
in Subsection
A immediately above, may be permitted by conditional
use where topography, prevailing winds, or other factor or combination of
factors exist and it is determined by the Board of Commissioners that reduction
in any minimum spacing requirement will not interfere with the normal operation
of an existing confined or intensive animal feeding use.
C. Such dwelling shall be located on a lot
with an area of not less than one (1) acre, as
set forth in Section 502.07 of this Resolution, and
such lot shall have a minimum lot width as set forth in Section 502.08 of this
Resolution, provided that a larger lot
may be required if the regulations of the Nebraska Department of Environmental
Quality or its successor with regard to proper sizing and location of a septic
tank and tile field or lagoon sewage disposal system indicate that a larger lot
is appropriate.
D. The lot on which such dwelling is
located shall front on or have access to an existing
public
roadway. The total number of dwellings per quarter section of land shall not
exceed four (4) and that the minimum distance between dwelling units shall be
one thousand (1,000) or more feet,
unless a conditional use for a residential subdivision has be authorized
by the County Board of Commissioners in
accordance with the procedures and requirements of this Resolution.
AMENDED
502.03 (D) Removal of allowance for residences on minimum maintenance
roads 9-4-07
E. Residential
dwellings existing on the same premises and under the same ownership as a
confined
or intensive animal feeding use, as defined in Sections 303.25 and 303.43 of
this Resolution, as of the effective date of this Resolution shall remain under
the same
ownership
and on the same premises with such confined or intensive animal feeding use
and
shall not be subdivided or otherwise sold off as a separate parcel unless the
confined
or
intensive animal feeding use has been abandoned. Nothing in this subsection shall
prohibit
the relocation of any such dwelling unit to a location beyond the minimum
spacing
distance requirements from such confined or intensive animal feeding use as set
forth
in this Resolution.
8. Agricultural
Buildings, 132 feet in height or taller provided the minimum requirements are
met.
A. All proposed agricultural buildings shall
meet the minimum setbacks as noted in this Resolution from County Road and
Highway intersections.
B. All proposed agricultural buildings shall be
separated from all private airports/runways a distance equal to a 7:1 slope
(accounting for the change in grade between the two uses) from the edge of said
private runway, and shall include an area 600 feet wide centered upon each
runway and shall extend out from each end for a distance of 5, 280 feet on a
40:1 slope, (also accounting for the change in grade between the two uses.)
ADDED
#8 AGRICULTURAL BUILDINGS 5-2-11
502.04 PERMITTED ACCESSORY USES AND STRUCTURES: The following uses and
structures shall be permitted as
accessory to the permitted principal uses and structures:
1.
Accessory uses, buildings
and structures normally and commonly appurtenant to the
permitted
principal uses and structures. Such uses, buildings or structures, if not an
agricultural building, as defined, shall require the issuance of a zoning
permit and / or certificate of zoning compliance.
AMENDED ACCESSORY USES 5-2-11
2.
Home occupations, in accordance
with Section 608 of this Resolution.
3.
Roadside stands for the temporary sale of produce grown or crafts
produced on the premises. No zoning permit shall be required.
502.05 CONDITIONAL USES: After the provisions of this Resolution
relating to conditional uses
have
been fulfilled, the Board of Commissioners
may, in accordance with the procedures
and requirements of Article 10 of this Resolution, permit the following as conditional uses in
the
AG
- T Transitional Agricultural District:
1. Expansion of Class I
confined or intensive animal feedings uses and any associated waste
handling
facility uses, whether conforming or non-conforming with the requirements of
this Resolution, provided such expansion shall not result in any confined or
intensive animal feeding use becoming a Class II or larger use. Confined or intensive animal feeding uses in
existence as of the effective date of this Resolution shall require a
declaration of the current capacity of the existing use. The determination of the number of animal
units in any such use shall be based upon the number of animal units set forth
in a permit issued by the Nebraska Department of Environmental Quality or its
successor or, in the event such a permit is not required, such determination
shall be by written declaration of the owner of such use of the one-time
capacity of such use to the Zoning Administrator, using forms provided by the
Zoning Administrator, within one hundred eighty (180) days of the effective
date of this Resolution. In the event of
any dispute over the number of animal units, such determination shall be by
on-site inspection and actual counting of the number of animal unit capacity by
the Zoning Administrator or other duly appointed official at the time of such
dispute. In authorizing an expansion the
Planning Commission, in making its recommendation and the County Board of
Commissioners, in deciding on any such conditional use, shall consider all
factors regarding such conditional use as set forth in Section 501.05,
Subsections 1 and 2 of this Resolution.
2.
Two-family and multi-family dwellings, provided such higher density
residential uses are
located
near the incorporated municipalities in the County or in such other areas where
the
development of higher density uses can be adequately served by
roadways, water, sewer, as
well as
law enforcement, fire protection and
other public services, as determined by
the
Board
of Commissioners.
3. Public
and private recreational uses and commercial recreational enterprises, including
parks, playgrounds,
campgrounds, riding stables, game
lodges, canoe outfitters, rental
cabins, camp stores, public or commercial river access sites and
other similar uses,
including bed and breakfast operations and motels.
4. Mineral
extraction and sand and gravel extraction facilities and operations,
5. Nursing
home facilities and group homes,
6. Commercial and industrial uses, excluding
confined and intensive animal feeding uses,
determined by the Board of Commissioners
to be compatible with adjoining land uses,
7. Waste handling facility uses, not
associated with confined or intensive animal feeding uses, subject to the
requirements of Section 501.05, Subsection 2 of this Resolution.
8. Radio, Television, microwave and other
types of erected towers, subject to applicable airport, airstrip and heliport
zoning restrictions set forth in this Resolution, including the following:
A. The minimum requirements of Section 609:
Radio, TV, and Wireless Communication Towers.
B. All radio, TV and wireless Communication
towers shall be separated from all private airports/landing strips a distance
equal to a 7:1 slope (accounting for the change in grade between the two uses)
from the sides of said private runway, and shall include an area 600 feet wide
centered upon each runway and shall extend out from each end for a distance of
5, 280 feet on a 40:1 slope, (also accounting for the change in grade between
the two uses)
AMENDED #8 TO ADD AIRPORT LANGUAGE
5-2-11
502.06 PROHIBITED USES AND STRUCTURES: All other uses and structures which are not
permitted
in this District either as a permitted use, accessory use or conditional use is
prohibited. This prohibition shall
specifically include new development of all classes of confined or intensive
animal feeding uses, as defined in Sections 303.25 and 303.43 of the Resolution
and any associated waste handling facility uses, as defined in Section 303.87
of this Resolution.
502.07 MINIMUM LOT AREA REQUIREMENTS: The following shall be the minimum lot area
requirements for uses located within this district.
1.
The minimum lot area for a
single-family dwelling unit, manufactured home or mobile home shall be one-half
(1/2) acre, provided that a larger lot area may be required by the standards
and regulations of the Nebraska Department of Health and the Nebraska
Department of Environmental Quality with regard to proper sizing and location
of septic tank and tile field or lagoon sewage disposal systems indicate that a
larger lot is appropriate, and further provided that where a semi-public or
public sewer collection and treatment system is provided, the minimum lot size
shall be ten thousand (10,000) square feet.
2.
The minimum lot area for
uses identified as conditional uses in this District, other than residential
dwelling units in residential subdivisions,
shall be the lot area appropriate for such uses, as determined by the Board of Commissioners
in granting of any such use in accordance with Article 10 of this Resolution,
provided that no lot shall be less than one-half (1/2) acre in area if on-site
sewer disposal is proposed or not less than ten thousand (10,000) square feet
if a semi-public or public sewer collection and treatment system is to be used.
502.08 MINIMUM LOT WIDTH AND FRONTAGE: The following shall be the minimum lot width
and frontage requirements for uses located within
this district:
1.
For lots on which on-site
sewage disposal is proposed, the minimum lot width shall be eighty five (85)
feet and the minimum lot frontage shall be sixty six (66) feet, except that the
minimum lot width and frontage for uses identified as conditional uses in this
district shall be the lot width and frontage appropriate to such uses, as
determined by the Board of Commissioners in granting of any such use in
accordance with Article 10 of this Resolution,
provided that no lot shall have a width less than sixty six (66) feet
and a minimum frontage less than fifty (50) feet.
2.
For lots on which connection
to semi-public or public sewer collection and treatment system
is
to be used, the minimum lot width shall be sixty six (66) feet and the minimum
lot frontage shall be fifty (50) feet, except that the minimum lot width and
frontage for uses identified as conditional uses in this district shall be the
lot width and frontage appropriate to such uses, as determined by the Board of
Commissioners in granting of any such use in accordance with Article 10 of this
Resolution, provided that no lot shall have a width less than sixty six (66)
feet and a minimum frontage less than fifty (50) feet.
AMENDED
502.05 ADDED #8, RADIO, TV, AND WIRELESS COMMUNICATION TOWERS 4-16-07
AMENDED
502.05 REMOVED OTHER COMPARABLE USES 5-21-07
502.09 MINIMUM SETBACK REQUIREMENTS: The following shall be the minimum yard
requirements for uses located
within this district:
For lots one-half (1/2) acre or
larger utilizing on-site sewage disposal:
1.
Front Setback - Fifty
eight (58) feet, provided that for lots which front on a Federal or
State
Highway the front setback shall be one-half (1/2) the width of
the right-of-way of the highway plus
twenty five (25) feet
2.
Side Setback - Ten
(10) feet
3.
Rear Setback - Thirty
(30) feet
For
lots smaller than one-half (1/2) acre:
1. Front Setback - Fifty
eight (58) feet, provided that for lots which front on a Federal or
State
Highway the front setback shall be one-half (1/2) the width of
the right-of-way of the highway plus
twenty five (25) feet
2. Side Setback - Five
(5) feet
3. Rear Setback - Thirty
(30) feet
Front
yard exception for lots in developed areas, as defined in Section 303.25B of
this Resolution:
1. The required front yard
shall be the average of the existing front yards for existing buildings,
provided that in no event shall such front yard be less than fifty (50) feet,
measured from the centerline of any local road, provided that for lots which
front on a Federal or State Highway, the minimum front yard shall be one-half
(1/2) the width of the right-of-way of the highway plus twenty (20) feet.
502.10 MAXIMUM
HEIGHT: No limitation, unless otherwise noted in this
Resolution, except that the maximum height for any building designed for human
habitation shall be thirty-five (35) feet and, except for any applicable
restrictions in airport approach zones as set forth in Section 503 of this
Resolution.
No building or structure,
EXCEPT the residence and buildings of the owner of a private airport shall be
constructed closer than what a 40:1 slope will allow from the end of the
private runway and what a slope of 7:1 will allow from the sides of a private
runway, unless the parties have an impact easement. Said easement shall be recorded in the public
real estate record, shall describe the benefitted and burdened parcels, and
shall run with the land.
The maximum height
requirements for the end of a private runway shall include an area 600 feet
wide, centered upon said private runway and shall extend out from each end for
a total of 5, 280 feet.
ADDED AIRPORT LANGUGAGE TO 502.10 5-2-11
AMENDED 502.08 MINIMUM LOT
WIDTH AND FRONTAGE 1-6-03
AMENDED 502.09 MINIMUM
SETBACKS (TRANSITIONAL AG DIST.) 9-17-01
(This page left blank to
accommodate future amendments)
SECTION 503
AA PUBLIC AIRPORT APPROACH
DISTRICT