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.

303.33 FARM BUILDING: Any non-residential building located on a farm, which is utilized for

agricultural purposes, 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. Waste handling facilities, as defined in Section 303.87 of this Resolution, which are associated with a use in a farm building, shall be considered a non-agricultural use and shall be subject to the requirements and limitations of this Resolution.

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.

303.38 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.

AMENDED 303.47-LOT AREA 9-20-04

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.

303.75 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

lot or tract as an existing single-family dwelling.

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.

ADDED IN 303.75A-SECONDARY DWELLING 3-15-04

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.

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 farm 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 303.85-USE 8-19-02

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 any farm buildings, as defined in Section 303.33 of this Resolution, but excluding any dwelling unit(s) whether or not associated with an agricultural use.

2. Grain and produce storage including non-commercial storage warehouses and plant seed

sales and storage facilities.

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.

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.

AMENDED 501.02, ADDED #5, OIL AND GAS WELLS 5-21-07

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 drainageway 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

AMENDED 501.03 (5) SIGNS 3-15-04

AMENDED 501.03, NUMBER 1, SUBLETTERS C AND F(3) 10-3-05

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.)

7. Day care and child care uses.

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, Removal of allowance for residences on minimum maintenance roads, 9-4-07

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 a farm building 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 drainageway 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 useshall 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 beachieved.

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.

TABLE 501.05 MINIMUM SEPARATION DISTANCES FOR CONFINED AND INTENSIVE ANIMAL FEEDING USES

AND WASTE HANDLING FACILITIES

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

MUNICIPAL, INDUSTRIAL, OR OTHER TYPES OF WASTE HANDLING FACILITIES

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

__________________________________________________________________________________________________________________

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 nearest to a church, school, public use area or dwelling not on the same premises and not of the same ownership as

the 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 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 soil 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. Radio, Television, microwave and other types of erected towers, subject to applicable

airport, airstrip and heliport zoning restrictions set forth in this Resolution, and in accordance

with Section 609: Radio, TV and wireless Communication towers.

ADDED 501.05 (15) DWELLING UNITS & SECONDARY DWELLING UNITS 3-15-04

501.05 (16) MORE THAN ONE SECONDARY DWELLING 3-15-04

ADDED TO 501.03, #16 , RADIO & COMMUNICATION TOWERS 4-16-07

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.

(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:

4. 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

5. Side Setback - Fifty (50) feet

6. Rear Setback - Fifty (50) feet

501.10 MAXIMUM HEIGHT: No limitation, 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.

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:

2. Grain and produce storage including non-commercial storage warehouses and plant seed

sales and storage facilities.

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.

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.

AMENDED 502.02, ADDED OIL AND GAS WELLS 5-21-07

AMENDED 502.03(4) SIGNS 3-15-04

On-site and off-site signs shall be setback one hundred (100)