Article 1    General Provisions

 

Section 101     Title:   These regulations shall be known, referred to, and cited as the Zoning Resolution of Pawnee County, Nebraska.

 

Section 102     Jurisdiction:   The provisions of this Resolution shall apply to a land within the boundaries of Pawnee County, Nebraska, excluding the land included, now or in the future, in the corporate limits of any incorporated municipality within or adjoining the County and excluding any legally established planning and zoning jurisdictional areas of any incorporated municipality within or adjoining the County, as defined on the Official Zoning Map of any such municipality.

 

Section 103     Purpose:   In pursuance of and in compliance with the authority conferred to Nebraska counties by Section 23 of the Nebraska Statutes, as amended, this Resolution is enacted for the purpose of promoting the health, safety, morals, convenience, order, prosperity and welfare of the present and future inhabitants of Pawnee County, Nebraska and for the purpose of assisting in the implementation of the duly adopted Pawnee County, Nebraska Comprehensive Plan.  This Resolution is also enacted to preserve and protect the customs and culture of the people of Pawnee County and the following specific purposes:

1.       Developing both urban and non-urban areas and lessening congestion in the streets and roads and reducing  the waste of excessive amounts of streets and roads;

2.       Securing safety from fire and other dangers and lessening or avoiding the hazards to persons and damage to property resulting from the accumulation of runoff or storm or flood waters;

3.       Providing adequate light and air and preventing excessive concentration of population and excessive and wasteful scattering of population or settlement;

4.       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;

5.       Protecting the tax base and protecting property against blight and depreciation;

6.       Securing the economy in governmental expenditures;

7.       Fostering the State's agriculture, recreation and other industries;

8.       Encouraging the most appropriate use of land within Pawnee County, Nebraska, and;

9.       Preserving, protecting and enhancing historic buildings, places and districts.

 

Article 2    Application of Regulations

 

Section 201     General Application:   The regulations set forth in this Resolution shall be minimum requirements and, within each zoning district, shall be uniformly applied to each class or kind of structure, building or use, except as hereinafter provided.

 

Section 202     Zoning Affects Every Building and Use:   With the exception of the provisions of Article 7 of this Resolution regarding non-conforming uses and structures, no building, structure or land shall hereafter by 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 the regulations specified in this Resolution.  Further, no building or structure shall hereafter be erected, constructed, reconstructed, enlarged, moved or altered to exceed the height or bulk, to occupy a greater percentage of land area, to have a narrower or smaller front, side or rear setback than is herein required, or be in any manner contrary to the requirements of this Resolution, and if located on an unimproved county road, they must reach an agreement spelled out by resolution with the Pawnee County Commissioners for the improvement of the county road if so desired, provided that:

 

1.       Non-residential farm buildings, as defined in Section 303.35 of this Resolution, shall be subject to the requirements of this Resolution, but shall be exempt from the zoning permit requirements, provided said structures comply with the setback, flood hazard and other applicable requirements herein stated for each zoning district. Non-residential farm buildings shall be subject only to issuance of a Certificate of Zoning Compliance to verify compliance with setback, flood hazard and other applicable requirements of the Resolution.

2.       Any farm building containing a use other than an agricultural use, as defined in Section 303.04 of this Resolution, shall be considered a non-farm building and shall be subject to the zoning permit requirements of this Resolution;

 

3.       Any farm building located on a lot, tract or parcel of land, which does not qualify as a farm, as defined in Section 303.34 of this Resolution, shall be considered a non-farm building and shall be subject to all applicable requirements of this Resolution, including zoning permit requirements, and;

 

Section 203     Setback and Lot, Tract, Parcel Size Reduction Prohibited:  No setback, lot, tract or parcel, existing as of the effective date of this Resolution, shall be reduced in dimension or area below the minimum requirements set forth in this Resolution.  Setbacks, lots, tracts or parcels created after the effective date of this Resolution shall meet or exceed the minimum requirements set forth in 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 and/or general welfare.

 

Section 205     Disclaimer of Building and Other Codes and County Liability:   This Resolution is a zoning regulation only and regulates only the use of land.  This Resolution does not in any manner whatsoever include, imply or otherwise create any type or form of building, plumbing, electrical, structural or other code or regulation which would regulate 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 set forth in this Resolution are solely for the purpose of assuring compliance with the land usage limitations and requirements set forth in this Resolution and for the purposes described in Section 103 of this Resolution.  Pawnee County, Nebraska 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 or certificate of zoning compliance or other form of land usage approval may have been issued nor shall Pawnee County, Nebraska assume any liability whatsoever for 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 text of this Resolution:

 

                                1.    TENSE:    Words used in the present tense include the future tense.

 

                                2.    NUMBER:    Words used in the singular include the plural and words used in the plural

       include the singular.

 

                                3.    SHALL AND MAY:    The word "shall" is mandatory and the word "may" is permissive.

 

                                4.    GENDER:    The masculine shall include the feminine.

 

                                5.    HEADINGS:    In the event that there is any conflict or inconsistency between the heading of

an Article, Section, Subsection or paragraph of this Resolution and the text thereof, the said heading shall not be deemed to affect the scope, meaning or intent of such text.

 

Section 302     General Terminology:   The word "County" shall mean Pawnee County, Nebraska.  The words "County Board" shall mean the Pawnee County Board of Commissioners.  The words "Planning Commission" shall mean the Pawnee County Planning Commission duly appointed by the Board of Commissioners.  The words "Board of Adjustment" and "Board" shall mean the Pawnee County Board of Adjustment duly appointed by the Board of Commissioners.  The words "Zoning Administrator" shall mean that person duly appointed by the Board of Commissioners to administer and enforce the requirements of this Resolution.

 

Section 303     Definitions:   Words or terms not herein defined shall have their ordinary meaning in relation to the context.  For purposes of this Resolution, certain words and terms used in this Resolution are defined as follows:

 

303.01   ABUT:  Any situation where a lot, tract or parcel borders directly on another lot, tract or parcel or is separated from an adjoining lot, tract or parcel by a public road right-of-way, which is sixty six (66) feet or less in width.

 

303.02   ACCESSORY USE OR BUILDING:  A building or use, which is subordinate and incidental to

that of the main or principal building or use on the same lot, tract or parcel.

 

303.03   AEROBIC DIGESTION PROCESS:  Any process for digestion of waste in which the waste is

digested using free oxygen, wherein sufficient oxygen is available to satisfy fifty percent (50%) of

the daily chemical/ biological oxygen demand inflow.

 

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 fowl, fish, bees and other animals, including confined and intensive animal feeding use and associated waste handling facility, as defined in Sections 303.25, 303.47 and 303.96 of this Resolution, truck farming, forestry or orchards, the non-commercial storage and processing of agricultural products produced on the premises, and confinement of an unrestricted number of ruminant animals for birthing, weaning or back-grounding purposes for less than two hundred ten (210) days in any calendar year in lots or pens normally used for crop production or pasture.

 

303.05   AGRONOMIC RATES:  The application of plant nutrients, from all sources, to meet, but not exceed, the estimated annual nutrient needs of the crop being produced, based upon past or projected yields, so as to avoid build-up of nutrients.  Determination of appropriate agronomic rates in application of animal waste to land shall be as established by the Nebraska Department of Environmental Quality in approving of comprehensive nutrient management plans.

 

303.06   ANAEROBIC DIGESTION: Any process for digestion of waste in which the waste is

digested where free oxygen is not available in sufficient quantities to maintain aerobic digestion.

 

                303.07   ANIMAL HUSBANDRY:   The care and raising of animals.

 

303.08   ANIMAL UNIT:  The relationship of various animals with regard to manure production based

                upon one thousand pounds of animal(s) regardless of type.  For purposes of this Resolution, the     following relationship with regard to manure production 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………………………………………………       1.00

                Swine (55 pounds or heavier)…………………….        0.40

                Swine (less than 55 pounds)………………………       0.04

                Swine (sow and litter)…………………………….         0.50

                Sow or Boar……………………………………….        0.40

                Sheep………………………………………………       0.10

                Chicken……………………………………………       0.01

                Turkey……………………………………………..       0.02

                Ostrich……………………………………………..        0.40

303.09   ANIMAL WASTE:  Any animal excrement, animal carcass, feed waste, animal waste water, or

                other waste associated with the care and feeding of animals.

 

303.10   ANIMAL WASTEWATER:  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 303.96 of this   Resolution, or any spillage or overflow from animal watering systems, when allowed to mix with

                animal manure, 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.

 

303.11   BASEMENT:  A building space wholly or partially underground and having 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.

 

303.12   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 and / or

                lodging are provided for customers.

 

303.13   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.

 

303.14   BUILDING:  A structure having a roof or having a roof and walls 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. (Refer to

                Section 303.35, Farm Building and Section 303.66, Non-Farm Building.)

 

303.15   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 or the highest point of a structure.

 

303.16   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.

 

303.17   CAMPING UNIT:  Any vehicle, trailer, tent or movable shelter used for camping purposes.

 

303.18  CERTIFICATE OF ZONING COMPLIANCE / CERTIFICATE OF OCCUPANCY:  A written certificate issued by the Zoning Administrator or County Assessor, stating that the premises has been inspected after erection, construction, reconstruction, alteration or moving of a farm building or other building or structure or after a change in the use of land stating that the premises complies with the requirements of this Resolution and may be occupied for the use declared.

 

303.19   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 or provided for profit. 

 

303.20   COMPATIBLE USE:  A land use of one type that is suitable for direct association or location       near a 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 use     activities, and because neither use will diminish the use, value and enjoyment of the other.

 

 

 

303.21   COMPOSTING (AEROBIC):  The natural process of decomposing vegetative refuse, manure

                and other naturally degradable materials using free oxygen which is sufficient in quantity to

                maintain aerobic digestion.

 

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 written zoning permit issued by the Zoning Administrator

upon authorization of a conditional use under the terms of this Resolution 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.  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 County.  In the event of any dispute over the number of animal units, such determination shall be by actual counting of the animal unit capacity by the Zoning Administrator or other duly appointed official.  Any waste handling facilities, as defined in Section 303.96 of this Resolution, associated with such confined animal feeding use shall be considered a separate waste handling facility use.   For purposes of this Resolution, waste handling facilities associated with any confined animal feeding uses shall be classified and regulated with regard the number of animals served by such waste handling facility in accordance with the following classes of size, as well as the category of waste handling facility utilized, as defined in Section 303.96 of this Resolution:

 

Class I    -  A confined animal feeding use with a one-time capacity of more than three

    hundred (300) animal units, but less than one thousand one (1,001) animal units.

 

Class II  -  A confined animal feeding use with a one-time capacity of one thousand one

   (1,001) to two thousand five hundred (2,500) animal units.

 

Class III - A confined animal feeding use with a one-time capacity of two thousand five hundred

  one (2,501) to five thousand (5,000) animal units.

 

Class IV - A confined animal feeding use with a one-time capacity of five thousand one

                (5,001) to ten thousand (10,000) animal units.

 

Class V  - A confined animal feeding use with a one-time capacity of ten thousand one

  (10,001) or more animal units.

 

303.26   DWELLING:  Any building or portion thereof, other than a hotel, motel, bed and breakfast,

                group home or other building used for short-term occupancy by human beings, which is designed

                and / or used for living purposes on an on-going basis.

 

303.27   DWELLING, MULTI-FAMILY:  A dwelling unit having independent living accommodations

                for three (3) or more families.

 

303.28   DWELLING, SINGLE-FAMILY: A dwelling unit having independent living accommodations

                for, and occupied by, one (1) family.

 

303.29   DWELLING, TWO-FAMILY (DUPLEX):  A dwelling unit having independent living accommodations for and occupied by two (2) families.

 

303.30   DWELLING UNIT:  One room or combination of rooms which constitute a separate and

                independent housekeeping establishment containing independent cooking, sleeping and            

                restroom facilities.

 

303.31   EASEMENT:  A right or privilege granted by the owner of a defined parcel of land for the use

                of such defined parcel of land for a specific purpose or purposes by the public, another person,

                corporation or other legal entity.

 

303.32  FACULTATIVE DIGESTION (LAGOON):  Any process for digestion of waste in which the

waste is digested using anaerobic digestion at lower elevations in a lagoon and aerobic digestion at

the upper levels and surface of the lagoon which is accomplished through limiting the amount of

                                volatile solids to not more than four (4) pounds per day per one thousand (1,000) cubic feet of

                              water in said lagoon and said lagoon is operated to maintain this volatile solids limitation.

 

303.33   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.

 

303.34   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 crop or meat                products are produced each year.

 

303.35   FARM BUILDING:  Any non-residential building located on a farm, as defined in Section

                303.34 of this Resolution, which is utilized for agricultural purposes.

 

303.36   FLOOD PLAIN:  Those lands within the zoning jurisdiction of Pawnee 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 Nebraska Department of Natural Resources, the applicable Natural Resource District or other agency capable of determining such flood plains until such time as flood hazard maps are produced and provided by the Federal Flood Insurance Administration, after which such flood hazards maps shall be utilized.

 

303.37   FLOOR:  A level or story in a building.

 

303.38   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.

                                                               

303.39   FRONTAGE (LOT):  The length of the real property abutting one (1) side of a road right-of

                way, measured along the dividing line between said real property and the road right-of-way.

 

303.40        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.

 

303.41     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. 1) adaptation to living with, or rehabilitation from, disabilities;  2) adaptation to living

                with, or rehabilitation from, emotional or mental disorders, or mental retardation;  3) rehabilitation

                from the effects of drug or alcohol abuse; or 4) supervision while under a program of alternatives

                to imprisonment, including, but not limited to pre-release, work release and probation programs.

 

                303.42   HOME BASED BUSINESS:  See Section 303.43, Home Occupation.

 

303.43   HOME OCCUPATION:  An occupation or business enterprise conducted in a dwelling unit or

                accessory building by members of the family occupying the dwelling unit, established in   accordance with standards and restrictions set forth in this Resolution.

 

303.44   IMPACT EASEMENT (DEED RESTRICTION):  An easement or deed restriction, recorded in

                the office of the Pawnee 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, a waste handling

                facility 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 between 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.

 

303.45   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 major differences in   building types, building mass, building height and use activities, and because such use would           diminish the use, value and enjoyment of the other.

 

303.46   INDUSTRIAL USE:  A use, other than an agricultural or commercial use, in which products or goods are manufactured from raw materials by hand or by machines.

 

303.47   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 or used for confinement of animals where manure is or may be in contact with the earth.  Confinement of an unrestricted number of ruminant animals for birthing, weaning or backgrounding purposes for less than two hundred ten (210) days per calendar year in lots, pens or fenced areas normally used for crop production or pasture shall not be considered an intensive animal feeding 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 one-time capacity of such use to the County.  In the event of any dispute over the number of animal units, such determination shall be by actual counting of the animal unit capacity by the Zoning Administrator or other duly appointed official at the time of such dispute.  Any waste handling facilities, as defined in Section 303.96 of this Resolution, shall be considered a separate waste handling facility use. For purposes of this Resolution, waste handling facility uses associated with any intensive animal feeding uses shall be categorized as an AN (anaerobic) facility, as defined in Section 303.96 of this Resolution, and classified with regard to the number of animal units served in accordance with the following classes of size:

 

Class I    -  An intensive animal feeding use with a one-time capacity of more than three

    hundred (300) animal units, but less than one thousand one (1,001) animal units.

 

Class II  -  An intensive animal feeding use with a one-time capacity of one thousand and one

   (1,001) to two thousand five hundred (2,500) animal units.

 

                                Class III - An intensive animal feeding use with a one-time capacity of two thousand five hundred                                                                 and one (2,501) to five thousand (5,000) animal units.

 

Class IV - An intensive animal feeding use with a one-time capacity of five thousand and one                           (5,001) to ten thousand (10,000) animal units.

 

Class V  - An intensive animal feeding use with a one-time capacity of ten thousand and one

   (10,001) or more animal units.

 

303.48  JUNK YARD:  See Salvage Yard.

 

303.49   KENNEL:  A facility where four (4) or more dogs, or six (6) or more cats or other animals more than six (6) months of age are boarded, bred, cared for or kept on any premises.

 

303.50  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.

 

303.51   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 of record, a portion of a lot of record, a combination

                of complete lots of record, a combination of complete lots of record and portions of lots of record,                or portions of lots of record.

 

                303.52  LOT AREA:  The total horizontal area of a lot, excluding all street or alley rights-of-way.

 

303.53   LOT, CORNER:  A lot which has frontage on two (2) or more streets or roads at the

                intersection of said streets or roads.

 

303.54  LOT DEPTH:  The average horizontal distance between the front and rear lot lines of any lot.

 

303.55  LOT OF RECORD:  A lot, which is part of a subdivision plat or lot, plot or parcel described by

                metes and bounds, recorded in the office of the Registrar of Deeds of Pawnee County, Nebraska

                prior to the effective date of this Resolution.

 

303.56  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.

 

303.57   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 not 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 and which complies with the following minimum standards:

                                1.    a minimum floor area of nine hundred (900) square feet,

                                2.    a minimum exterior width of eighteen (18) feet,

3.       a minimum roof pitch of two and one-half (2 ½) inches of rise per each twelve (12) inches

       of horizontal run,

                                4.    exterior material shall be of a color, material, and scale comparable with existing residential

       site-built, single-family construction,

                                5.    a non-reflective roof of material which is or simulates asphalt or wood shingles, tile or rock,

                                6.    all wheels, axles, transporting lights and removable towing apparatus have been removed

 

7.       is placed on and permanently attached to a foundation of the same construction as required

       for site-built homes,

8.    is permanently connected to public utilities in the same manner required for site-built homes.

 

 

 

303.58  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 herein defined.

 

303.59  MOBILE HOME LOT:  A lot or parcel of land for the placement of one (1) mobile home.

 

303.60   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.

 

                303.61  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.

 

303.62   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.

 

303.63   NON-CONFORMING LOT OF RECORD:  A lot, which is part of a subdivision plat or lot, plot or parcel described by metes and bounds, recorded in the office of the Registrar of Deeds of Pawnee County, Nebraska as of the effective date of this Resolution which does not comply with the minimum lot area, width and other lot standards established in the various zoning districts created by this Resolution.

 

303.64   NON-CONFORMING STRUCTURE:  A lawfully erected structure in existence as of the

effective date 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.

 

303.65   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.

 

303.66  NON-FARM BUILDING:  Any building used for residential purposes, any building containing a

use which is not an agricultural use, as defined in Section 303.04 of this Resolution, any building

located on a farm, as defined in Section 303.34 of this Resolution, which contains a use other than an agricultural use, as defined in Section 303.04 of this Resolution, or any building located on a

parcel of land which does not qualify as a farm, as defined in Section 303.34 of this Resolution.

 

303.67   ODOR:  That characteristic of a substance which makes it offensive to the human sense of smell to any reasonable number of persons such that it unreasonably interferes with the use and enjoyment of neighboring properties or reduces the market value of such neighboring properties if not controlled.

 

303.68   PARCEL:  A piece of land, one section or less in area, the boundaries of which are properly described in a deed or conveyance.

 

303.69   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.

 

303.70  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.

 

 

303.71   PREMISES:  The land area containing a land use which is contiguous with and under

the same ownership as the land use.

 

303.72   PREVAILING WINDS:  Prevailing winds in Pawnee County are from the north, and

northwest in winter months and south in summer months.  Prevailing wind directions, using magnetic north as determined through use of a common compass, are defined as:

                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

 

303.73  PRINCIPAL BUILDING:  A building in which the principal use on the lot is situated.

 

303.74   PRIVATE 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.

 

303.75   PRIVATE ROADWAY:  A privately owned, open, unoccupied space other than a public road,

reserved as the principal means of access to abutting property. 

 

303.76   PUBLIC USE AREA:  An area of land or water, whether publicly or privately owned, which is

designed for and 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 be construed to include any rights-of-way for streets or roadways, hiking, biking or other trails, or privately owned land used for hunting and/or fishing.

 

303.77   PUBLIC WATER SUPPLY SYSTEM:  A publicly owned water supply system regularly serving twenty five (25) or more persons or has fifteen (15) or more service connections.

 

303.78   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 which coincide with two (2) intersecting section lines and contains approximately one-fourth (1/4) of the land area contained within a square section of land.

 

303.79   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.

 

303.80   RESIDENTIAL USE:  A dwelling unit located on a lot, parcel or tract of land.

 

303.81  ROAD / ROADWAY:  A public right-of-way set aside for public travel which affords the

                principal means of access to abutting property.

 

303.81.1 Improved County Road: An improved county road is a road designed for use in all weather, such road having a rock, aggregate, or other hard surface.

                 No road with a dirt surface, regardless of classification, shall be considered to be an improved county road.

 

303.82   ROAD CENTERLINE:  A line extending down the center of a road or street right-of-way, as

established by official survey.

 

303.83   ROADSIDE STAND:  A structure or portion thereof used for the shelter, display and sale of

craft and similar items, fruit,  vegetables and other agricultural crops produced on the premises.

 

303.84   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.

 

303.85   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 miles square) is divided by straight lines into thirty six (36) sections, and these are again divided into half sections and quarter sections.

 

303.86   SETBACK (YARD):  A horizontal distance, as prescribed in the various zoning districts

established in  this Resolution, from the centerline of the roadway or the right-of-way line of the roadway on which the lot has frontage and the side or rear lot line of any lot in which a building may not be constructed.  Setbacks are further defined as follows:

 

1.       SETBACK, FRONT:  An open space extending across the entire width of a lot between the  centerline of any County road or the right-of-way line of any state or federal highway on which the lot has frontage and the nearest point of a building.  A corner lot has two (2) front setbacks.

 

2.       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.

 

3.       SETBACK, SIDE:  An open-space extending along the side lot line from the front setback  to the rear setback and lying between the side lot line and the nearest point of a building.

 

4.       SETBACK, TRANSITIONAL:  An open space applicable when a non-residential zoning

       district abuts or is adjacent across a road from a residentially zoned area.

 

303.87   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.

 

303.88   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, or waste produced by living swine, poultry or other non-ruminant animals which contains not less than twenty five percent (25%) solids by weight.

 

303.89   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 303.96 of this Resolution.

 

303.90   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.

 

303.91   STREET:  See ROAD

 

303.92  STRUCTURE:  Anything constructed or erected with a fixed location on or in the ground or

attached to something having a fixed location on the ground.

 

303.93   STRUCTURAL ALTERATIONS:  Any change in the supporting members of a structure, such

as bearing walls, partitions, columns, beams or girders.

 

303.94   USE:  The purpose or activity for which land and buildings thereon is designed, arranged, 

intended,  or for which it is occupied or maintained.

 

303.95   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.

 

303.96   WASTE HANDLING FACILITY:  Any and all land, structures, combination of structures,

under-floor pits, holding ponds, debris basins, diversion terraces, liquid manure storage pits, lagoons, above ground pipelines, irrigation devices, ventilation devices 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, used to hold, store, process, digest, transport, distribute, control or otherwise dispose of  waste, manure  or dead animals, other than solid waste as defined in Section 303.89 of this Resolution.  Waste handling facilities shall be categorized with regard to the types of such facilities and the 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:

1.       all waste is collected, processed or digested utilizing aerobic digestion facilities and

processes, including aerobic lagoons, and/or aerobic composting and in which any effluent discharged or pumped from any lagoon or other treatment facility shall be fully digested or land application of solid manure shall be fully composted, and

 

2.       dust, hazardous gases, odor or other air contaminants emitted from any building or facility are collected and processed through a biofilter or other effective means to minimize air contamination, and

 

                                Category ANC (covered anaerobic - deep pit):   A waste handling facility in which:

1.       all waste is collected and digested utilizing anaerobic digestion facilities and processes

including anaerobic lagoons and holding basins, pits or above ground tanks, which are covered and the gases and odors generated by the digestion of said waste are collected and treated to avoid explosion, fire hazards and the dispersion of odor, and in which there is surface application of solid manure or injection of liquid (non-solid) manure into the soil on crop or other land, and

 

2.       dust, hazardous gases, odor, or other air contaminants emitted from any building or facility are collected and processed through a biofilter or other effective means to minimize air contamination, and

 

3.       dust, hazardous gases, odor or other air contaminants emitted from any open-sided buildings or open pens are controlled in a reasonable manner in order to minimize blowing of dust and odor onto abutting and neighboring properties.

 

                                Category FAC (facultative):  A waste handling facility in which:

                                               

1.       all or part of the waste produced is collected and digested utilizing anaerobic digestion

lagoon(s) and processes designed to allow an introduction of not more than four (4) pounds of volatile solids per day per one thousand (1,000) cubic feet water in a lagoon and such lagoon(s) shall be operated and maintained to insure such capacity is available at all times and operated to minimize removal of top-water to reduce odor production, and there is surface application of solid manure and /or surface application or injection of liquid manure, liquid waste or waste water onto / into the soil on crop or other land, and

 

2.       dust, hazardous gases, odor, or other air contaminants emitted from any building or facility are collected and processed through a biofilter or other effective means to minimize air contamination, and

 

3.       dust, hazardous gases, odor or other air contaminants emitted from any open-sided buildings or open pens are controlled in a reasonable manner in order to minimize blowing of dust and odor onto abutting and neighboring properties.

 

Category AN (anaerobic): A waste handling facility in which:

1.       all or part of the waste produced is collected and digested utilizing anaerobic digestion

facilities and processes, including uncovered anaerobic holding ponds or pits, anaerobic lagoons, sludge or settling basins, anaerobic stockpiling of waste as a solid and there is application of liquid (non-solid) manure waste on the surface of crop or other land, and

 

2.       dust, hazardous gases, odor, or other air contaminants emitted from any building or

facility are not collected and processed to minimize air contamination, but simply exhausted into the air,  and

 

3.     dust, hazardous gases, odor or other air contaminants emitted from any open-sided

buildings or open pens are not controlled in a reasonable manner and do not minimize blowing of dust and odor onto abutting and neighboring properties.    

 

303.97   ZONING ADMINISTRATOR:  The person duly designated by the Pawnee County Board 

                of Commissioners to administer and enforce the regulations established under this Resolution.

 

303.98   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, intensity of use and other standards of land use 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 zoning districts and appropriate regulations to be enforced therein which are consistent with the Comprehensive Plan for Pawnee County, Nebraska.  The Planning Commission shall make a preliminary report and hold one or more public hearing(s) thereon before submitting its final report and recommendation to the County Board of Commissioners.  The Board of County Commissioners shall not hold its public hearing or take final action on any zoning regulations until it has received the final report and recommendation of the Planning Commission.

 

Section 402     District Created:   For purposes of this Resolution and to assist in the implementation of the Pawnee County Comprehensive Plan, the following zoning districts are created, herein named and described in Article 5 of this Resolution:

 

AG - G…………  General Agricultural District

AG - T…………   Transitional Agricultural District

AG - RC………    River Corridor Agricultural District

AG - R………..     Rural Residential District

RCI ……………. Rural Commercial / Industrial District

WPO ………….   Wellhead Protection Overlay District

AHO…………..   Airport Hazard Overlay District

FHO …………..   Flood Hazard Overlay 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 the flood hazard maps of Pawnee County, Nebraska, published by the Federal Emergency Management Agency and 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 Pawnee County, Nebraska referred to in Section 403 of Resolution No.____ of the Pawnee County, Nebraska” together with the date of the adoption of this Resolution.  The signed copy of the Official Zoning Map and flood hazard maps shall be maintained in the office of the Zoning Administrator and/or County Clerk for the use and benefit of the public.

 

Section 404     Official Zoning Map Amendment:

 

1.     Changes on the 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 entries on such Official Zoning Map have been made.

 

2.       Changes Shall be in Accordance with Required 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 Article 11 of this Resolution.

 

3.       Penalties for Unauthorized Changes:  Any unauthorized change of any kind by any

person or persons shall be considered a violation of this Resolution and punishable in accordance with this Resolution and applicable law.

4.       Final Authority of the Official Zoning Map:  Regardless of the existence of

purported copies of the Official Zoning map which may from time to time be made or

published, the Official Zoning Map, which shall be located in the office of the Zoning Administrator and/or County Clerk, shall be the final authority as to the current zoning status of zoning of land within Pawnee 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 Pawnee County, Nebraska Board of County Commissioners.”  Unless the prior Official Zoning Map has been lost or 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 Interpretation of Zoning District Boundaries:   Where uncertainty exists as to the boundaries of zoning districts indicated on the Official Zoning Map, the following rules shall apply:

 

1.       Boundaries indicated as approximately following the centerlines of roads, streets, or

highways shall be construed to follow such centerlines.

 

2.     Boundaries indicated as approximately following platted lot, tract or parcel lines shall be   

construed as following such lines and boundaries indicated as approximately following the

corporate limit boundaries of any municipality shall be construed to follow such corporate limit boundaries.

 

3.     Boundaries indicated as approximately following the boundaries of an extra-territorial zoning

jurisdiction area adopted by and depicted on the official zoning map of an incorporated municipality shall be construed to follow such extra-territorial jurisdictional area boundaries.

 

4.     Boundaries indicated as following railroad lines shall be construed to follow a line midway

between the tracks of the main railroad track.

 

5.       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.

 

6.    Boundaries indicated as parallel to or extensions of features indicated in Paragraphs 1,

2 and 4 immediately above shall be so construed.

 

7.     Distances of boundaries not specified on the Official Zoning Map shall be determined by

measurement according the scale of the Official Zoning Map.

 

8.       Where a district boundary line divides a lot, tract or parcel, which was under single

ownership and control as of the effective date of this Resolution, the Board of Zoning Adjustment may, upon application, permit the extension of either zoning district for either portion of the lot into the remaining portion of the lot.

 

 

9.       In circumstances not covered by Paragraphs 1 through 8 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 within Pawnee County, Nebraska to any incorporated municipality within or adjoining the County shall remove such land from the jurisdiction of this Resolution and any legal extension of any extra-territorial zoning jurisdictional area, resulting from such annexation, by any such incorporated municipality shall, upon depiction of the revised extra-territorial jurisdictional area on the official zoning map of such incorporated municipality, 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, protect, promote and facilitate agricultural crop production, livestock production, which is in balance with the natural environment, and foster other and new forms of agricultural production which are compatible with existing agricultural uses and the natural environment. 

 

The intent of this district is also to formulate and establish county standards for citing agricultural production operations, including confined and intensive livestock production uses, which recognize that agricultural crop and livestock production is a major and critical component of the County economy, which recognize that agricultural operations occasionally produce dust, noise, odor and other impacts on neighboring properties, and which also recognize that such impacts on neighboring properties must be reasonable in terms of intensity and duration in order that the ability to use and enjoy property within this district is not unreasonably affected and that the market value of the property is not adversely affected.

 

Finally, the intent of this district is also to foster the State’s agriculture by preserving and protecting land best suited for agricultural crop and livestock production uses by restricting the development of and, in accordance with Neb. Rev. Stat. § 23-114.03, establishing conditions of use for residential uses and other non-agricultural uses to ensure that agricultural production uses, which are in compliance with the regulations and restrictions of this Resolution, shall not be challenged or impeded by such non-agricultural uses.

 

501.02                     County Agricultural Use Impact Standards

It is recognized in this Resolution that, although agricultural crop and livestock production is critical to the economy of Pawnee County and the State of Nebraska and should be fostered by the County and the State and that although protection of such production is in the public interest and for the public benefit, agricultural crop and production uses should not be maintained or operated in a manner which results in unreasonable negative impacts on the use and enjoyment of neighboring properties or adversely affects the market value of such properties. 

 

It is also recognized in this Resolution that agricultural crop and livestock production activities do, on occasion, result in negative impacts on neighboring properties, that some such impacts are unavoidable and that it is not possible to eliminate all such impacts.  However, one intent of this General Agricultural zoning district is to establish agricultural use standards for Pawnee County, Nebraska which will result in limiting negative impacts to insure that such impacts do not adversely affect the market value of neighboring properties and do not unreasonably impact the ability of the owners of neighboring properties to use and enjoy their property.

 

The determination of what constitutes unreasonable versus reasonable impacts and the Pawnee County, Nebraska agricultural impact standards needed to insure that agricultural use impacts on neighboring properties are reasonable has been accomplished through a series of citizen forums, interest group discussions and public hearings where impact issues were identified, where the latest available data, research and technologies regarding methods of minimizing such impact issues were evaluated and discussed and where standards for limiting such impacts, including the use of the Odor Footprint Tool being developed by the Biological Systems Engineering Department of the University of Nebraska, were formulated, reviewed and modified so that all public points of view would be reflected in such standards.

 

The Pawnee County, Nebraska agricultural use standards set forth in this Resolution are standards that the majority of citizens participating in the standards formulation process agree will, in all probability, result in impacts on neighboring properties less than four percent (4%) of the time and that, although a nuisance at the time of occurrence, would be reasonable in terms of intensity and duration with regard to the use and enjoyment of neighboring properties, would not reduce the market value of neighboring properties and should be acceptable to persons residing in and owning property in this General Agricultural zoning district now and in the future. 

 

The agricultural impact standards for limiting agricultural use impacts on neighboring properties so formulated and agreed upon have been integrated in the regulations and requirements of this zoning district.

 

501.03        Outright Allowable Principal Uses and Structures

The following uses and structures shall be allowable uses outright.  Such uses and structures shall comply with the minimum lot area, setback and other applicable requirements of this Resolution and if such uses involve the development of any structure or building shall require a zoning permit or certificate of zoning compliance: (Refer to Section 202 of this Resolution)

 

1.     Agricultural uses, as defined in Section 303.04 of this Resolution, including any farm

buildings, as defined in Section 303.35 of this Resolution, but excluding any residential dwelling unit(s), whether or not associated with an agricultural use, excluding confined and intensive animal feeding uses, as defined in Sections 303.25 and 303.47 of this Resolution and excluding any associated waste handling facilities.

 

2.     Non-commercial grain, hay and produce storage facilities 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 and flood and erosion control structures, subject to the limitations and requirements of Sections 610 and 611 of this Resolution.  (Sites where there is surface application of liquid animal waste shall comply with the limitations set forth in Subsection 7, Paragraph D immediately below)

 

4.    Forestry, tree farming and plant nurseries, and vineyards without facilities for wine making or tasting.

 

5.    Signs, including permanent on-site business signs and outdoor advertising signs (billboards) not oriented to any State or Federal highway. 

 

6.    Day care and child care uses, when conducted in a residential dwelling unit by the occupants

of such residential dwelling unit.

 

7.    Land application of:

 

A.    fully composted animal waste, as defined in Section 303.09 of this Resolution, to the surface of the land at agronomic rates in compliance with the requirements of the Nebraska Department of Environmental Quality,

 

B.    solid manure, as defined in Section 303.86 of this Resolution, to the surface of the land at rates at agronomic rates in compliance with the requirements of the Nebraska Department of Environmental Quality when there is no stockpiling of such manure on any premises where such manure is to be applied,

 

C.    liquid or slurry animal waste injected into the soil at rates at agronomic rates in compliance with the requirements of the Nebraska Department of Environmental Quality.

 

D.    liquid animal waste applied to the surface of the land at agronomic rates in compliance with the requirements of the Nebraska Department of Environmental Quality, provided that when a dwelling unit not of the same ownership as the land on which such waste is to be applied or a church or school is located within one-fourth (1/4) mile to the north or one-eighth (1/8) mile to the south, east or west, as defined in the definition of “Prevailing Winds” in Section 303.72 of this Resolution, the total time such application occurs shall not exceed 360 hours in a calendar year per site, unless an impact easement or an annual permission statement has been granted in writing from the owner(s) or unless the generator of the waste can document that no other options exist with regard to alternative sites or timing with which the generator of the waste can comply with the discharge requirements established by the Nebraska Department of Environmental Quality, in which case, the Zoning Administrator may approve a permit for such additional time for application to the subject site as is estimated to be required to comply with the discharge requirements of the Nebraska Department of Environmental Quality

 

8.    Stockpiling of animal waste or manure or municipal sewage or other sludge on any parcel of land where such waste is to be applied to the land contained within such parcel, provided such stockpiling shall meet all of the following conditions:

                                                               

A.   The amount of solid manure stockpiled on any parcel shall not exceed the amount of waste which can be applied on such parcel at agronomic rates in compliance with the requirements of the Nebraska Department of Environmental Quality for a calendar year.

 

B.   Any manure or sludge stockpile shall be located at least one-fourth (1/4) mile from the nearest wall of any church, school or residential dwelling unit not of the same ownership as the parcel on which the stockpile is to be placed or to the nearest boundary of any public use area unless the owner of such church, school or residential dwelling shall grant permission in writing for a stockpile to be located at a closer distance.

 

501.04         Permitted Principal Uses and Structures

The following uses and structures shall be permitted uses and structures, but shall require the issuance of a zoning permit and/or certificate of zoning compliance:

 

1.       Road maintenance equipment storage sheds, fire stations, public utility substations and utility distribution systems and similar structures and uses.

 

2.       Churches, synagogues and other houses of worship.

 

3.       Game farms and commercial hunting and fishing where such hunting and fishing does not involve the development of lodges or other buildings devoted solely to the support of such hunting and fishing activities, provided that if such uses qualify as a Public Use Area, as defined in Section 303.76 of this Resolution, such uses shall comply with the minimum separation distances from any existing confined or intensive animal feeding use as set forth in Subsection 7, Paragraph A immediately below.

 

4.       Radio, television, microwave and other types of erected towers forty (40) feet or less in height.

 

5.       Single-family dwellings, including manufactured housing and mobile homes, provided such dwellings comply with all of the following conditions:

 

A.       Such dwellings, if not on the same premises with and of the same ownership as any

kennel, as defined in Section 303.49 of this Resolution, or confined or intensive animal feeding use, as defined in Sections 303.25 and 303.47 of this Resolution or any associated waste handling facility, as defined in Section 303.96 of this Resolution, shall be separated from any kennel by a minimum distance of one-half (1/2) mile, from any existing confined or intensive animal feeding use and associated waste handling facility by the minimum distance set forth in Subsection 7, Paragraph A, immediately below for the class of confined or intensive animal feeding use and type of associated waste handling facility which such existing confined or intensive feeding use qualifies, and from any erected tower with a height of more than forty (40) feet by a distance equal to the height of such tower  unless the developer of such dwelling shall grant an impact easement, as defined in Section 303.44 of this Resolution, to the owner of the existing kennel, confined or intensive animal feeding use or tower, in which case such dwelling may be located closer than the minimum distances herein set forth.  (See exceptions to the minimum separation requirement as set forth in Section 705, Paragraphs 3 and 4 of this Resolution.)

 

B.       Such minimum separation distance shall be measured from the nearest point of any land actively used or approved under this Resolution as a confined or intensive animal feeding use or associated waste handling facility, from the nearest point of any land actively used for kennels or runs or the base of any tower over forty (40) feet in height to the nearest wall of such dwelling unit. 

 

C.       Such dwelling shall be located on a parcel of land with an area not less than that specified in Section 501.08 of this Resolution and such parcel shall have a lot (parcel) width and frontage not less than that specified in Section 501.09 of this Resolution, provided that a larger area may be required if the regulations and standards of Title 124 of the Nebraska Department of Environmental Quality, with regard to soil percolation, slope, depth to groundwater or other requirement of said Title 124 shall require a larger parcel, the requirements of said Title 124 shall govern. 

 

D.    The parcel on which such dwelling is located shall front on and have vehicular access to

an existing public roadway other than a roadway designated by the Pawnee County Board of Commissioners as a minimum maintenance road or other unimproved roadway,  provided that if such dwelling is located on a minimum maintenance roadway, the owner of such parcel shall be responsible for the cost of improving such roadway to County standards, consistent with Title 428-Public Road Classifications, before the County shall agree to accept maintenance by the County of such roadway and further provided that if such parcel is located on any other unimproved roadway, the owner of such parcel shall be responsible for the costs of improving such roadway to County standards, consistent with Title 428- Public Road Classifications, and shall be responsible for the maintenance of such roadway unless the Pawnee County Board of Commissioners shall agree to accept such roadway for County maintenance. Pawnee County shall not, however, be committed to accepting such roadway even if such roadway is improved to County road standards, consistent with Title 428 – Public Road Classifications, by the owner(s) of such roadway.

 

E.    The total number of residential dwellings on any parcel of land under the same ownership as of the effective date of this Resolution shall not exceed one additional dwelling over the number of dwellings existing on any parcel as of the effective date of this Resolution or amendment thereto, unless a conditional use for a residential subdivision is authorized by the County Board of Commissioners in accordance with the limitations of Section 501.06, Subsection 17 of this Resolution and in accordance with the procedures and requirements of Article 10 of this Resolution, provided that one (1) dwelling may be constructed on any vacant parcel created after the effective date of this Resolution, or amendment thereto, which qualifies as a farm, as defined in Section 303.34 of this Resolution and further provided that one (1) dwelling may be constructed on any vacant, undeveloped lot or record as of the effective date of this Resolution or amendment thereto, which does not qualify as a farm.

 

   F.      Residential dwellings existing on the same premises and under the same ownership as a

confined or intensive animal feeding use or associated waste handling facility, as defined in Sections 303.25, 303.47 and 303.96 of this Resolution, as of the effective date of this Resolution shall remain under the same ownership with such confined or intensive animal feeding use or associated waste handling facility and shall not be subdivided or otherwise sold off as a separate parcel unless the confined or intensive animal feeding use and associated waste handling facility has been discontinued or an impact easement, as defined in Section 303.44 of this Resolution is executed, in which case such dwelling shall not be included in the minimum distance measurement.  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 or

associated waste handling facility as set forth in Subsection 6, Paragraph B immediately below and the subsequent sale thereof.

 

6.       Any confined or intensive animal feeding use and any waste handling facility associated with any confined or intensive animal feeding use in existence as of the effective date of this Resolution, may be expanded in the number of animal units served and / or land area occupied by such use, provided that such expansion shall comply with all of the following limitations:

 

A.      Notwithstanding the requirements of Paragraphs B and C immediately below, any expansion of waste handling facilities associated with confined or intensive animal feeding uses existing as of the effective date of this Resolution or amendment thereto which is mandated and required by the Nebraska Department of Environmental Quality or other State or Federal agency where there is not an increase in the animal unit capacity of the confined or intensive animal feeding use shall not be considered an expansion of said use and shall not be regulated with regard to separation distances for neighboring uses even if such expansion is exterior to the existing animal feeding use.

 

B.    If an animal feeding use and / or waste handling facility, associated with a confined or intensive animal feeding use complies with the minimum separation distances from neighboring uses, as set forth in Table 501.04 of this Resolution, such use may be expanded in any direction provided that such expansion complies with all requirements of Paragraph C, Subparagraphs 3) through 9) immediately below and such expansion shall not result in separation distances to any undeveloped lot of record which is less than twenty (20) acres in area, church, school, public use area or dwelling unit not on the same premises and not of the same ownership as the animal feeding use and associated waste handling facility being less than set forth in said Table 501.04 for the class of animal feeding use and category of the waste handling facility for which the use would qualify after such expansion, provided that:

 

1)       the separation distances set forth in Table 501.04 of this Resolution shall be tested by applying  the Odor Footprint Tool, prepared by the Biological Systems Engineering Department of the University of Nebraska, for the 96% annoyance free standard, if such Tool is available for application to the use proposed and is in the process of being validated by field tests. Any cost for the application of the Odor Footprint Tool shall be the responsibility of the applicant for such use.  If the Odor Footprint Tool indicates a greater separation distance in any direction such greater distance shall apply.  If the Odor Footprint Tool indicates a lesser separation distance in any direction than set forth in Table 501.04 of this Resolution, the minimum separation distance for that direction shall be as set forth in Table 501.04 of this Resolution, or

 

2)       if the Odor Footprint Tool has been validated and is available for application to the proposed use, the minimum separation distances in all directions shall be as determined by application of the Tool even if such separation distances are less than set forth in Table 501.04 of this Resolution.  Any cost for the application of the Odor Footprint Tool shall be the responsibility of the applicant for such use, and

 

3)       if the owner of any neighboring undeveloped lot of record less than twenty (20) acres in area, church, school, public use area or dwelling unit shall grant the owner of the animal feeding use and associated waste handling facility an impact easement, as defined in Section 303.44 of this Resolution, such use may be closer to any such lot or record, church, school, public use area or dwelling unit from which an impact easement is granted.  (Minimum separation distances shall be measured in accordance with Footnote * of Table 501.04 of this Resolution)

 

C.    If the confined or intensive animal feeding use or associated waste handling facility is located closer than the minimum separation distances from neighboring uses, as set forth Paragraph B immediately above for the class of animal feeding use and category of  waste handling facility for which the existing use qualifies, such use may be expanded, provided any expansion complies with all of the following restrictions: 

 

1)    Such feeding use or any associated waste handling facility may not be expanded closer to any undeveloped lot of record less than twenty (20) acres in area, church, school, public use area or dwelling unit not on the same premises and not of the same ownership as the animal feeding use or associated waste handling facility to which the waste handling facility is already less than the minimum distances specified in Paragraph B immediately above, unless the owner of any such lot of record, church, school, public use area or dwelling unit shall grant the owner of the animal feeding use and associated waste handling facility an impact easement, as defined in Section 303.44 of this Resolution, in which case such use may expand in the direction from which such impact easement was granted.  (Minimum separation distances shall be measured in accordance with Footnote * of Table 501.04 of this Resolution)

 

2)       Expansion in any other direction shall be permitted, provided that such expansion shall not result in separation distance to any other undeveloped lot of record less than twenty (20) acres in area, church, school, public use area or dwelling unit not on the same premises and not of the same ownership as the animal feeding use and associated waste handling facility being less than set forth in Table 501.04 of this Resolution for the class of animal feeding use and category of the waste handling facility for which the use would qualify after such expansion, provided that:

 

a.       the separation distances set forth in Table 501.04 of this Resolution shall be tested by applying  the Odor Footprint Tool, prepared by the Biological Systems Engineering Department of the University of Nebraska, for the 96% annoyance free standard, if such Tool is available for application to the use proposed and is in the process of being validated by field tests. Any cost for the application of the Odor Footprint Tool shall be the responsibility of the applicant for such use.  If the Odor Footprint Tool indicates a greater separation distance in any direction such greater distance shall apply.  If the Odor Footprint Tool indicates a lesser separation distance in any direction than set forth in Table 501.04 of this Resolution, the minimum separation distance for that direction shall be as set forth in Table 501.04 of this Resolution, or

 

b.       if the Odor Footprint Tool has been validated and is available for application to the proposed use, the minimum separation distances in all directions shall be as determined by application of the Tool even if such separation distances are less than set forth in Table 501.04 of this Resolution.  Any cost for the application of the Odor Footprint Tool shall be the responsibility of the applicant for such use, and

 

c.        if the owner of any neighboring undeveloped lot of record less than twenty (20) acres in area, church, school, public use area or dwelling unit shall grant the owner of the animal feeding use and associated waste handling facility an impact easement, as defined in Section 303.44 of this Resolution, such use may be closer to any such lot or record, church, school, public use area or dwelling unit from which an impact easement is granted.  (Minimum separation distances shall be measured in accordance with Footnote * of Table 501.04 of this Resolution)

 

3)       Any physical expansion of the animal feeding use or associated waste handling facility shall be immediately contiguous with (abut) the existing feeding use or associated waste handling facilities.

 

4)     Any such expansion shall not extend into any legally established wellhead protection area of any public water supply system, as defined in Section 303.77 of this Resolution, which is based on the twenty year time travel of groundwater, as determined by the Nebraska Department of Environmental Quality, provided that the boundaries of such wellhead protection area shall be as limited in Section 506.03 of this Resolution.

 

5)    The type of waste handling facility used to handle the animal waste of the expanded feeding use shall be the same type that is used by the existing feeding use or such waste handling facility may be changed to a facility that will generate less odor.  The ranking of the types of waste handling facilities with regard to odor production shall be in the order set forth in the definition of Waste Handling Facility in Section 303.96 of this Resolution with aerobic facilities producing the least amount of odor and anaerobic facilities producing the greatest amount of odor.

 

6)    Such expansion may be expanded in phases over time, but such expansion(s) shall be limited to a total of not more than fifty (50) percent greater number of animal units than the one-time animal unit capacity which existed as of the effective date of this Resolution, not to exceed two thousand five hundred (2,500) animal units.  Expansion beyond this limit may only be authorized as a conditional use in accordance with the requirements of 501.06 and the procedures set forth in Article 10 of this Resolution. 

 

7)    Minimum separation distances shall not apply to any site where;

 

a.     fully composted animal waste, as defined in Section 303.09 of this Resolution, is applied to the surface of the land at agronomic rates in compliance with the requirements of the Nebraska Department of Environmental Quality,

 

b.     solid manure, as defined in Section 303.88 of this Resolution, is applied to the surface of the land at agronomic rates in compliance with the requirements of the Nebraska Department of Environmental Quality when there is no stockpiling of such manure on any premises where such manure is to be applied,

 

c.     liquid or slurry animal waste is injected into the soil at agronomic rates in compliance with the requirements of the Nebraska Department of Environmental Quality.

 

d.    liquid animal waste applied to the surface of the land at agronomic rates in compliance with the requirements of the Nebraska Department of Environmental Quality, provided that when a dwelling unit not of the same ownership as the land on which such waste is to be applied or a church or school is located within one-fourth (1/4) mile to the north or one-eighth (1/8) mile to the south, east or west, as defined in the definition of “Prevailing Winds” in Section 303.72 of this Resolution, the total time such application occurs shall not exceed 360 hours in a calendar year per site, unless an impact easement or an annual permission statement has been granted in writing from the owner(s) or unless the generator of the waste can document that no other options exist with regard to alternative sites or timing with which the generator of the waste can comply with the discharge requirements established by the Nebraska Department of Environmental Quality, in which case, the Zoning Administrator may approve a permit for such additional time for application to the subject site as is estimated to be required to comply with the discharge requirements of the Nebraska Department of Environmental Quality

 

8)       Additional animals shall not be added to the use until any new permit required by the Nebraska Department of Environmental Quality or its successor agency shall have been issued and such use shall be operated in a manner consistent with the requirements of any such permit and the requirements of this Resolution.

 

TABLE 501.04

MINIMUM SEPARATION DISTANCES BETWEEN CONFINED AND INTENSIVE ANIMAL FEEDING USES AND WASTE HANDLING FACILITIES AND ABUTTING AND NEIGHBORING USES

 

            CONFINED AND INTENSIVE FEEDING USES                   MINIMUM DISTANCE FROM  CONFINED / INTENSIVE

            AND WASTE HANDLING FACILITIES                                ANIMAL FEEDING USE / WASTE HANDLING FACILITY TO A    

                                                                                                               NEIGHBORING UNDEVELOPED LOT OF RECORD,

            By Category and by Class of Use Served:                        DWELLING UNIT, CHURCH, SCHOOL OR PUBLIC USE AREA

                                                                                                                           CHURCH, SCHOOL, OR PUBLIC USE AREA*                    

                                                                                                                                 North **            South**         East / West**           

            Category A (Aerobic) waste handling facility serving a:

                 Class I confined animal feeding use (300 - 1,000 animal units)……………           0.25   mile……. 0.25   mile……..0.125 mile

                 Class II confined animal feeding use (1,001 - 2,500 animal units)…………           0.375 mile……. 0.25   mile……..0.125 mile

                 Class III confined animal feeding use (2,501 - 5,000 animal units)………..           0.5     mile……. 0.375 mile…….             0.125 mile

                 Class IV confined animal feeding use (5,001 - 10,000 animal units)………           0.625 mile……. 0.5     mile…….             0.375 mile

                 Class V confined animal feeding use (10,001 or more animal units)………     0.75   mile……..0.625 mile…….   0.5     mile

            Category ANC (Covered Anaerobic) waste handling facility serving a:

                 Class I confined animal feeding use (300 - 1,000 animal units)……………           0.25   mile……. 0.25   mile……..0.125 mile

                 Class II confined animal feeding use (1,001 - 2,500 animal units)…………           0.375 mile……. 0.25   mile…….             0.25   mile

                 Class III confined animal feeding use (2,501 - 5,000 animal units)………..           0.5     mile……. 0.375 mile…….             0.375 mile

                 Class IV confined animal feeding use (5,001 - 10,000 animal units)………           0.625 mile……. 0.5     mile…….             0.375 mile

                 Class V confined animal feeding use (10,001 or more animal units)………           0.75   mile……. 0.625 mile…….             0.5     mile

            Category FAC (Facultative) waste handling facility serving a:

                 Class I confined animal feeding use (300 - 1,000 animal units)……………           0.375 mile……. 0.25   mile…….             0.125 mile

                 Class II confined animal feeding use (1,001 - 2,500 animal units)…………           0.5     mile……. 0.375 mile…….             0.25   mile

                 Class III confined animal feeding use (2,501 - 5,000 animal units)………..           0.75   mile……. 0.5     mile…….             0.375 mile

                 Class IV confined animal feeding use (5,001 - 10,000 animal units)………           1.0     mile……. 0.75   mile……. 0.5     mile

                 Class V confined animal feeding use (10,001 or more animal units)………           1.25   miles…….1.0     mile…….            0.75   mile

            Category AN (Anaerobic) waste handling facility  serving a:

                 Class I confined animal feeding use (300 - 1,000 animal units)……………           0.5     mile……. 0.375 mile……..0.25   mile

                 Class II confined animal feeding use (1,001 - 2,500 animal units)…………           0.75   mile……. 0.5     mile…….             0.375 mile

                 Class III confined animal feeding use (2,501 - 5,000 animal units)………..           1.0     mile……. 0.75   mile…….             0.5     mile

                 Class IV confined animal feeding use (5,001 - 10,000 animal units)………           1.25   miles…….1.0     mile…….            0.75   mile

                 Class V confined animal feeding use (10,001 or more animal units)………           1.5     miles…….1.25  miles…….1.0     mile

            Category AN (Anaerobic) waste handling facility *** serving a:

                 Class I intensive animal feeding use (300 - 1,000 animal units)……………           0.75   mile……. 0.5     mile…….             0.25   mile

                 Class II intensive animal feeding use (1,001 - 2,500 animal units)…………          1.0     mile……. 0..75  mile…….             0.375 mile

                 Class III intensive animal feeding use (2,501 - 5,000 animal units)………..           1.25   miles….... 1.0    mile……. 0.5     mile

                 Class IV intensive animal feeding use (5,001 - 10,000 animal units)………           1.5     miles…….1.25  miles…….0.75   mile

                 Class V intensive animal feeding use (10,001 or more animal units)………           1.75   miles…….1.5    miles…….1.0     mile

            Category A (Aerobic) serving a:

                 Municipal or other waste handling facility…………………………………...            0.125 mile……. 0.125 mile……              0.125 mile  

_____________________________________________________________________________________________________________________

Footnotes:

*    Measurement of this distance shall be from the point of the confined or intensive animal feeding use or waste handling facility

      associated with such use, including any site where raw or partially digested liquid or slurry waste is applied to the surface of the land in

      excess of 360 hours  per calendar year per site,  nearest to an undeveloped lot of record less than twenty (20) acres in area, church,

      school, public use area or dwelling not on the same premises and not of the same ownership as the waste handling facility, to the nearest

      wall of such dwelling, church, school, or nearest boundary of an undeveloped lot of record less than twenty (20) acres in area or public

      use area, provided that if one or more impact easement(s), as defined in Section 303.44 of this Resolution, shall have been granted to the

      owner of the waste handling facility use, in which case any lot of record, church, school, dwelling unit or public use area associated with

      the land on which any such easement has been granted shall not be included in the minimum distance measurements herein specified.  

      A dwelling unit not of the same ownership and on the same premises as the waste handling facility 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 the present

      assessed valuation  of the dwelling structure (excluding the valuation of the land) to make such dwelling habitable.

 

**    Separation distances are based upon compass directions of prevailing winds and shall be applied as defined in Section 303.72 of this

        Resolution.

 

     ***  By definition in this Resolution, all waste handling facilities serving intensive animal feeding uses, shall be categorized as AN

             (Anaerobic) unless a conditional use exception is authorized in accordance with the requirements and procedures of this Resolution

             where it is clearly demonstrated that a different category of waste handing facility is appropriate.

 

9)    Exceptions to the minimum separation distance specified in Paragraph 2) immediately above may be granted by conditional use where special types of waste handling facilities, special provisions for odor control, dust control and fly control, application of new technologies or a combination thereof for mitigation of odor, dust or flies is proposed and it is determined by the County Board of Commissioners, after review and recommendation by the Planning Commission, that reduction in said minimum separation distance will not unreasonably interfere with the use and enjoyment of neighboring properties or reduce the value of such neighboring properties.

 

10) For purposes of this regulation, a dwelling unit not of the same ownership and not on the same premises as the animal feeding use or associated waste handling facility shall be interpreted to mean that such dwelling is an occupied or habitable residential dwelling and, if vacant and not habitable, would not require more cost than the

present assessed valuation of the dwelling structure (excluding the assessed valuation of the land) to make such dwelling habitable.

 

7.       Development of new Class I and Class II confined and intensive animal feeding uses, as defined in Section 303.25 and 303.47 of this Resolution and associated waste handling facilities, provided all such uses shall comply with all of the following requirements:

 

A.       Such feeding use or any associated waste handling facility shall be separated from

any undeveloped lot of record less than twenty (20) acres in area, church, school, public use area or dwelling unit not on the same premises and not of the same ownership as the animal feeding use by at least the minimum distances specified in Table 501.04 of this Resolution, provided that:

 

1)       the separation distances set forth in Table 501.04 of this Resolution shall be tested by applying  the Odor Footprint Tool, prepared by the Biological Systems Engineering Department of the University of Nebraska, for the 96% annoyance free standard, if such Tool is available for application to the use proposed and is in the process of being validated by field tests. Any cost for the application of the Odor Footprint Tool shall be the responsibility of the applicant for such use.  If the Odor Footprint Tool indicates a greater separation distance in any direction such greater distance shall apply.  If the Odor Footprint Tool indicates a lesser separation distance in any direction than set forth in Table 501.04 of this Resolution, the minimum separation distance for that direction shall be as set forth in Table 501.04 of this Resolution, or

 

2)       if the Odor Footprint Tool has been validated and is available for application to the proposed use, the minimum separation distances in all directions shall be as determined by application of the Tool even if such separation distances are less than set forth in Table 501.04 of this Resolution.  Any cost for the application of the Odor Footprint Tool shall be the responsibility of the applicant for such use, and

 

3)       if the owner of any neighboring undeveloped lot of record less than twenty (20) acres in area, church, school, public use area or dwelling unit shall grant the owner of the animal feeding use and associated waste handling facility an impact easement, as defined in Section 303.44 of this Resolution, such use may be closer to any such lot or record, church, school, public use area or dwelling unit from which an impact easement is granted.  (Minimum separation distances shall be measured in accordance with Footnote * of Table 501.04 of this Resolution)

 

Minimum separation distances shall not apply to any site where;

 

1)   fully composted animal waste, as defined in Section 303.09 of this Resolution, is applied to the surface of the land at agronomic rates in compliance with the requirements of the Nebraska Department of Environmental Quality,

 

2)    solid manure, as defined in Section 303.88 of this Resolution, is applied to the surface of the land at agronomic rates in compliance with the requirements of the Nebraska Department of Environmental Quality when there is no stockpiling of such manure on any premises where such manure is to be applied,

 

3)    liquid or slurry animal waste is injected into the soil at agronomic rates in compliance with the requirements of the Nebraska Department of Environmental Quality.

 

4)    liquid animal waste applied to the surface of the land at agronomic rates in compliance with the requirements of the Nebraska Department of Environmental Quality, provided that when a dwelling unit not of the same ownership as the land on which such waste is to be applied or a church or school is located within one-fourth (1/4) mile to the north or one-eighth (1/8) mile to the south, east or west, as defined in the definition of “Prevailing Winds” in Section 303.72 of this Resolution, the total time such application occurs shall not exceed 360 hours in a calendar year per site, unless an impact easement or an annual permission statement has been granted in writing from the owner(s) or unless the generator of the waste can document that no other options exist with regard to alternative sites or timing with which the generator of the waste can comply with the discharge requirements established by the Nebraska Department of Environmental Quality, in which case, the Zoning Administrator may approve a permit for such additional time for application to the subject site as is estimated to be required to comply with the discharge requirements of the Nebraska Department of Environmental Quality

 

B.    Any confined or intensive animal feeding use and associated waste handling facility use which proposes to dispose of any waste through application of said waste on crop or other land shall indicate in writing that the owners of such animal feeding use and associated 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 agronomic rates as required by a Comprehensive Nutrient Management Plan approved by the Nebraska Department of Environmental Quality and the owner of such waste handling facility shall certify that such waste shall be applied to such land at such agronomic rates.   The County Board of Commissioners, in the event of a written complaint, may request copies of soil test to verify compliance with the Comprehensive Nutrient Management Plan approved by the Nebraska Department of Environmental Quality. In the event of loss of the availability of any land for application of said waste which was listed in the above required written declaration, the owners of said animal feeding use and associated waste handling facility shall, agree to provide and provide a written and signed statement to the County Board of Commissioners, within sixty (60) days of such loss of land, indicating that an equivalent amount of additional land has been procured for such waste application.  If such additional land is not declared, the owner /operator shall agree to reduce the number of animal units to the level that will allow the animal waste to be applied to the remaining land at agronomic rates.

 

C.   Each confined or intensive animal feeding use shall indicate how the use shall provide for

the proper and timely disposal of dead animals.  Such plan shall provide for disposal of dead animals within thirty six (36) hours of knowledge of death.  Such plan shall comply with all requirements of laws and regulations of the State of Nebraska.

 

D.    Any confined or intensive animal feeding use or associated waste handling facility shall

not be located in areas of the County which are subject to flooding on a one hundred

(100) year basis or in areas which are designated as wetlands.

 

E.    Confined or intensive animal feeding uses and any associated waste handling facilities

shall not be located closer than one thousand (1,000) feet to any publicly owned water supply well and not closer than one-hundred (100) feet to any residential domestic well nor shall any confined or intensive animal feeding use or waste handling facility use be located in any legally established wellhead protection area for any publicly owned water supply system, as defined in Section 303.77 of this Resolution, which is based on the twenty year time travel of groundwater, as determined by the Nebraska Department of Environmental Quality, provided that the boundaries of such wellhead protection area shall be as limited in  Section 504.03 of this Resolution.

 

F.     Animal waste lagoons and catch basins shall located at least sixty three (63) feet from the

centerline of any county roadway and at least thirty (30) feet from the right-of-way line of any state or federal highway.

 

G.    The determination of a need for groundwater monitoring wells shall be made by the Nebraska Department of Environmental Quality. Any groundwater monitoring wells required by the Nebraska Department of Environmental Quality shall be installed and maintained by the owner of such wells and all testing of such groundwater shall be in accordance with the requirements of the Nebraska Environmental Quality.  In the event of a complaint, the County Board of Commissioners shall reserve the right to require copies of all groundwater testing results. In the event that testing identifies contaminants in the groundwater, the County Board of Commissioners shall be notified of such contamination and said Board shall seek remediation of such contamination in accordance with the procedures of the Nebraska Department of Environmental Quality.

 

H.    The owner / operator of any confined or intensive animal feeding use and associated waste handling facility use shall agree to permit access to the use 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 of this Resolution in accordance with Section 501.06, Subsection 1, Paragraph H of this Resolution.

 

I.     Such use shall not be established until any permit required by the Nebraska Department

         of Environmental Quality or its successor agency shall have been issued and such use shall be operated in a manner consistent with the requirements of any such permit and the requirements of this Resolution.  Any such Federal or State permit shall not need to have been issued prior to issuance of a zoning permit, but shall be a condition of such zoning permit.

 

J.     Exceptions to the minimum separation distance specified in Paragraph A immediately above may be granted by conditional use where special types of waste handling facilities, special provisions for odor control, dust control and fly control, application of new technologies or a combination thereof for the mitigation of odor, dust and flies is proposed and it is determined by the County Board of Commissioners, after review and recommendation by the Planning Commission, that reduction in said minimum separation distance will not unreasonably interfere with the use and enjoyment of neighboring properties or reduce the value of such neighboring properties.

 

K.    For purposes of this regulation, a dwelling unit not of the same ownership and not on the same premises as the animal feeding use or associated waste handling facility shall be interpreted to mean that such dwelling is an occupied or habitable residential dwelling and, if vacant and not habitable, would not require more cost than the present assessed valuation of the dwelling structure (excluding the valuation of the land) to make such dwelling habitable.

 

501.05       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. Farm buildings shall require only a certificate of zoning compliance.

 

2.    Home occupations, in accordance with Section 608 of this Resolution.  When established in

       accordance with Section 608 of this Resolution, issuance of a zoning permit or certificate of

       zoning compliance shall not be required.

 

3.    Roadside stands for the temporary sale of produce grown or crafts produced on the premises.

       No zoning permit or certificate of zoning compliance shall be required.

 

           501.06        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 Class  III, IV and V confined and intensive animal feeding uses and associated waste handling facilities existing as of the effective date of this Resolution beyond the limits set forth in Section 501.04, Subsection 6 of this Resolution and development of new Class III, IV and V confined and intensive animal feeding uses, as defined in Sections 303.25 and 303.47 of this Resolution and associated waste handling facilities, as defined in Section 303.96 of this Resolution, provided that such uses shall meet or exceed all of the following requirements:

 

A.      Such confined or intensive animal feeding uses and associated waste handling facilities shall meet or exceed the separation distances set forth in Table 501.04 of this Resolution, for the applicable class of the confined or intensive animal feeding use and category of waste handling facility, provided that:

 

1)    the separation distances set forth in Table 501.04 of this Resolution shall be tested by applying the Odor Footprint Tool, prepared by the Biological Systems Engineering Department of the University of Nebraska, for the 96% annoyance free standard, if such Tool is available for application to the use proposed and is in the process of being validated by field tests. Any cost for the application of the Odor Footprint Tool shall be the responsibility of the applicant for such use.  If the Odor Footprint Tool indicates a greater separation distance in any direction such greater distance shall apply.  If the Odor Footprint Tool indicates a lesser separation distance in any direction than set forth in Table 501.04 of this Resolution, the minimum separation distance for that direction shall be as set forth in Table 501.04 of this Resolution, or

 

2)       if the Odor Footprint Tool has been validated and is available for application to the proposed use, the minimum separation distances in all directions shall be as determined by application of the Tool even if such separation distances are less than set forth in Table 501.04 of this Resolution.  Any cost for the application of the Odor Footprint Tool shall be the responsibility of the applicant for such use, and

 

3)       if the owner of any neighboring undeveloped lot of record less than twenty (20) acres in area, church, school, public use area or dwelling unit shall grant the owner of the animal feeding use and associated waste handling facility an impact easement, as defined in Section 303.44 of this Resolution, such use may be closer to any such lot or record, church, school, public use area or dwelling unit from which an impact easement is granted.  (Minimum separation distances shall be measured in accordance with Footnote * of Table 501.04 of this Resolution)

 

Minimum separation distances shall not apply to any site where;

 

1)   fully composted animal waste, as defined in Section 303.09 of this Resolution, is applied to the surface of the land at agronomic rates in compliance with the requirements of the Nebraska Department of Environmental Quality,

 

2)    solid manure, as defined in Section 303.88 of this Resolution, is applied to the surface of the land at agronomic rates in compliance with the requirements of the Nebraska Department of Environmental Quality when there is no stockpiling of such manure on any premises where such manure is to be applied,

 

3)    liquid or slurry animal waste is injected into the soil at agronomic rates in compliance with the requirements of the Nebraska Department of Environmental Quality.

 

4)    liquid animal waste applied to the surface of the land at agronomic rates in compliance with the requirements of the Nebraska Department of Environmental Quality, provided that when a dwelling unit not of the same ownership as the land on which such waste is to be applied or a church or school is located within one-fourth (1/4) mile to the north or one-eighth (1/8) mile to the south, east or west, as defined in the definition of “Prevailing Winds” in Section 303.72 of this Resolution, the total time such application occurs shall not exceed 360 hours in a calendar year per site, unless an impact easement or an annual permission statement has been granted in writing from the owner(s) or unless the generator of the waste can document that no other options exist with regard to alternative sites or timing with which the generator of the waste can comply with the discharge requirements established by the Nebraska Department of Environmental Quality, in which case, the Zoning Administrator may approve a permit for such additional time for application to the subject site as is estimated to be required to comply with the discharge requirements of the Nebraska Department of Environmental Quality

 

B.    For all classes 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 Nebraska Department of Environmental Quality.  In authorizing any such conditional use, the County Board of Commissioners shall reserve the right to verify compliance with the engineering and operating requirements of the Nebraska Department of Environmental Quality and the right to enforce upon any non-compliance with the engineering and operation of the animal feeding use with the requirements established by the Nebraska Department of Environmental Quality.  

 

C.    Any confined or intensive animal feeding use or associated waste handling facility shall

not be located in areas of the County which are subject to flooding on a one hundred

(100) year basis or in areas which are designated as wetlands.

 

D.    Confined or intensive animal feeding uses and any associated waste handling facilities

shall not be located closer than one thousand (1,000) feet to any publicly owned water supply well and not closer than one-hundred (100) feet to any residential domestic well nor shall any confined or intensive animal feeding use or waste handling facility use be located in any legally established wellhead protection area for any publicly owned water supply system, as defined in Section 303.77 of this Resolution, which is based on the twenty year time travel of groundwater, as determined by the Nebraska Department of Environmental Quality, provided that the boundaries of such wellhead protection area shall be as limited in  Section 506.03 of this Resolution.

 

E.    Animal waste lagoons and catch basins shall located at least sixty three (63) feet from the

centerline of any county roadway and at least thirty (30) feet from the right-of-way line of any state or federal highway.

 

F.    Any confined or intensive animal feeding use and associated waste handling facility use which proposes to dispose of any waste through application of said waste on crop or other land shall indicate in writing that the owners of such animal feeding use and associated 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 agronomic rates as required by a Comprehensive Nutrient Management Plan approved by the Nebraska Department of Environmental Quality and the owner of such waste handling facility shall certify that such waste shall be applied to such land at such rates.   The County Board of Commissioners, in the event of a written complaint, may request copies of soil test to verify compliance with the Comprehensive Nutrient Management Plan approved by the Nebraska Department of Environmental Quality.  In the event of loss of the availability of any land for application of said waste which was listed in the above required written declaration, the owners of said animal feeding use and associated waste handling facility shall, within sixty (60) days of such loss of land, agree to provide and provide a written statement to the County Board of Commissioners that an equivalent amount of additional land has been procured for such waste application.  If such additional land is not declared, the owner shall agree to reduce the number of animal units to the level that will allow the animal waste to be applied to the remaining land at agronomic rates.

 

G.   Each confined or intensive animal feeding use shall indicate how the use shall provide for

the proper and timely disposal of dead animals.  Such plan shall provide for disposal of dead animals within thirty six (36) hours of knowledge of death.  Such plan shall comply with all requirements of laws and the regulations of the State of Nebraska.

 

 H.    The owner / operator of any confined or intensive animal feeding use and associated waste handling facility use authorized by the County Board of Commissioners shall agree to permit access to the animal feeding use and 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.  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 contact the owner / operator of the confined or intensive feeding use and associated waste handling facility to be inspected prior to such inspection and the owner / operator shall agree to allow such inspection within twenty four (24) hours of such request.  The Zoning Administrator shall follow all standard bio-hazard procedures applicable to the site being inspected when conducting such inspections.  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 confined or intensive animal feeding use or associated 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 confined or intensive animal feeding use and associated 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 uses 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 confined or intensive animal feeding use and associated 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 one hundred twenty (120) 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 confined and intensive animal feeding uses and associated waste handling facilities shall apply to confined and intensive animal feeding uses and associated 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 confined or intensive animal feeding use and associated waste handling facility uses which were in existence as of the effective date of this Resolution, if any such use has been lawfully expanded in its capacity beyond that which existed as of the effective date of this Resolution.

 

 I.     Each confined or intensive animal feeding use and associated waste handling facility shall be sited, engineered and constructed using best available options and technologies with regard to minimizing odor impacts on neighboring properties and minimizing the potential for surface and groundwater contamination.  Compliance with this requirement shall be measured in terms of the site meeting or exceeding the separation distances from neighboring uses as set forth in Paragraph A immediately above, in terms of the category of waste handling facility proposed, in terms of the method of animal waste disposal proposed, in terms of use of technologies and facilities to minimize odor and dust impacts on neighboring uses and in terms of agreement by the owner / operator to comply with all requirements of any permit issued by the Nebraska Department of Environmental Quality.

 

J.      Each confined or intensive animal feeding use and associated waste handling facility shall be operated and maintained utilizing best management practices to minimize production of odor, dust, flies and vermin.  Compliance with this requirement shall be measured in terms of the proposed operating, management, equipment inspection and maintenance practices, described in the conditional use application, which will minimize production of odor, dust, fly and vermin production.

 

K.     In authorizing any waste handling facility use, the County Board of Commissioners

shall include a condition that such use shall be engineered, constructed and operated in accordance with any permit required and approved by the Nebraska Department of Environmental Quality.  The County Board of Commissioners may attach any additional requirement or condition of design or operation of such use which will minimize odor impacts on adjoining and neighboring properties, provided such requirement or condition is based upon scientific fact or best available data, which may include recommendations by the biological engineers, civil engineers and any other entities with applicable odor abatement expertise and not based upon rumor, statements not based upon fact or best available data, unfounded public remonstrance or other reason not based on reasonable finding or fact.

 

L.    The determination of a need for groundwater monitoring wells shall be made by the Nebraska Department of Environmental Quality. Any groundwater monitoring wells required by the Nebraska Department of Environmental Quality shall be installed and

maintained by the owner of such wells and all testing of such groundwater shall be in accordance with the requirements of the Nebraska Environmental Quality.  In the event of a complaint, the County Board of Commissioners shall reserve the right to require copies of all groundwater testing results. In the event that testing identifies contaminants in the groundwater, the County Board of Commissioners shall be notified of such contamination and such Board shall seek remediation of such contamination in accordance with the procedures of the Nebraska Department of Environmental Quality.

 

M.   Any confined or intensive animal feeding use or associated waste handling facility use shall generally be located only in areas of the County where the impact(s) on the roads and bridges which provide access to and from such use from the nearest hard surfaced roadway will not result in an undue cost burden to the taxpayers of the County in providing and maintaining such roads and bridges.  In making a determination regarding

                                                the appropriateness of the site, if the County Board of Commissioners determine that the anticipated impacts will result in additional maintenance cost for such roads and bridges that would be more than three (3) times the average per mile roadway and bridge maintenance costs in the County, the Board may require financial participation by the owner of the animal feeding use in the improvement and/or maintenance of said roadway(s) and bridges.  Further, the parcel on which such confined or intensive animal feeding use is located shall front on and have vehicular access to an existing public roadway other than a roadway designated by the County Board of Commissioners as a minimum maintenance road or other unimproved roadway, provided that if such use is located on a minimum maintenance roadway, the owner of such use shall be responsible for the cost of improving such roadway to County standards before the County shall agree to accept maintenance by the County of such roadway.

 

N.     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 any additional 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.  Any such Federal or State permit shall not need to have been issued prior to issuance of a zoning permit or authorization of a conditional use, but shall be a condition of such issuance or authorization.

 

O.    Exceptions to the minimum separation distance specified in Paragraph A immediately above may be granted as a part of any conditional use authorization where special types of waste handling facilities, special provisions for odor control, dust control and fly control, application of new technologies for mitigation of odor, dust or flies or a combination thereof is proposed and it is determined by the County Board of Commissioners, after review and recommendation by the Planning Commission, that reduction in said minimum separation distance will not unreasonably interfere with the use and enjoyment of neighboring properties or reduce the value of such neighboring properties.

 

P.    Any conditional use application for a confined or intensive animal feeding use and associated waste handling facility use which is determined by the County Board of Commissioners to meet the standards and requirements of Paragraphs A through O immediately above and for which there is agreement by the owner of such use to comply with any additional requirement established by the Board of Commissioners, in accordance with Paragraph K immediately above, SHALL be authorized by the County Board of Commissioners.

 

2.       Application of liquid (non-solid) animal waste from confined or intensive animal feeding uses or associated waste handling facility uses located outside the boundaries of Pawnee County, Nebraska, to the surface of land within Pawnee County, subject to the following limitations:

 

A.   Where surface application of liquid waste shall exceed the 360 hours per calendar year per site application time limitation set forth in Section 501.03, Subsection 7, Paragraph D of this Resolution, the site(s) for such application shall be separated from any undeveloped lot of record less than twenty (20) acres in area, residential dwelling, church, school or public use area in Pawnee County or any adjoining county which is located to the north of such site by the minimum distance of one-fourth (1/4) mile and to the south of such site by a minimum distance of one-eighth (1/8) mile, unless the owner of any neighboring lot of record less than twenty (20) acres in area, church, school, public use area or dwelling unit shall grant the owner of the animal feeding use and associated waste handling facility an impact easement, as defined in Section 303.44 of this Resolution, in which case such use may be closer to any such lot or record, church, school, public use area or dwelling unit from which an impact easement is granted.  (Minimum separation distances shall be measured in accordance with Footnote * of Table 501.04 of this Resolution)

 

 B.  Any animal waste applied shall be applied at agronomic rates set forth in a Comprehensive Nutrient Management Plan as approved by the Nebraska Department of Environmental Quality.  The County Board of Commissioners, in the event of a written complaint, may request copies of soil test to verify compliance with the Comprehensive Nutrient Management Plan approved by the Nebraska Department of Environmental Quality.

 

3.    Radio, television, microwave, wind generation and other types of erected towers in excess of forty (40) feet in height, provided such towers comply with any applicable airport hazard height limitations and further provided that any such tower is set back from the right-of-way of any public roadway, from the nearest property line of any undeveloped lot of record less than twenty (20) acres in area or any public use area and from the nearest wall of any neighboring church, school, or residential dwelling unit by a distance equal to or exceeding the height of such tower. 

 

4.     Cemeteries,

 

5.     Public schools, private schools and schools affiliated with a church or religion.

 

6.     Public service facilities not allowable as permitted principal uses in Section 501.04 of this

         Resolution.

 

7.    Fish hatcheries, wild life management areas, wildlife conservation areas, and other semi-public or public use areas, provided that if such uses qualify as a Public Use Area, as defined in Section 303.76 of this Resolution, such uses shall comply with the minimum separation distances from any existing confined or intensive animal feeding use as set forth in Section 501.06, Subsection 1, Paragraph A immediately above.

 

8.     Vineyards with facilities for wine production and / or tasting.

 

9.     Sewage treatment plants and facilities, sanitary landfills and solid waste recycling or waste

        composting centers,

 

                           10.       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 (1) mile and that all outdoor storage of salvage material shall be screened from view from all adjoining public roadways and neighboring residential dwelling units by evergreen trees, fences or a combination thereof.

 

                     11.    Rock, sand, gravel or other mineral extraction or processing site, provided any application for  such use shall include an acceptable reclamation and closure plan providing for a phased reclamation and closure of each portion of the extraction area when extraction is completed and a written indication by the owners of such use that failure to completely implement such plan shall be deemed a violation of this Resolution and shall be subject to the penalties set forth herein.

 

                             12.    Airports, aircraft landing strips and heliports,

 

                           13.    Grain elevators, commercial grain storage or processing facilities, bulk fertilizer and fuel plants, livestock auction barns and buying stations, veterinary clinics, agricultural equipment repair shops, aerial crop dusting uses, and other agricultural service establishments engaged in providing horticultural, husbandry products or services to area agricultural product producers, provided that uses such as bulk fuel and fertilizer plants, grain distilling facilities and other similar uses which produce noticeable odors and / or have explosion or release of hazardous chemical potential shall not be located closer than one-half (1/2) mile to any residential dwelling or one (1) mile to any church or school.

 

                    14.    Day care and child care uses, when conducted in a building other than a residential dwelling unit or when conducted in a residential dwelling unit by persons other than of such residential dwelling unit.

 

 15.    Golf courses, driving ranges, water parks, shooting ranges and similar recreation uses,

 

16.     Temporary placement of one (1) mobile home on the same lot with an existing dwelling unit

           for the purpose providing care for a member or members of the father, mother, or immediate family member of the owner-occupant of the existing dwelling unit when such family members are disabled, elderly and in need of care or otherwise in demonstrable need of care by said owner-occupant, subject to the following conditions and restrictions:

 

A.      Placement of the mobile home shall be temporary and shall be limited to the time that the mobile home is needed to provide such care for the family member or members.  When such care is no longer needed or said mobile home is no longer occupied by such family member or members, said mobile home shall be removed from the premises within ninety (90) days of the date of non-occupancy unless said mobile home shall be been so located on the property that subdivision of the property to create a separate lot for said mobile home will result in said lot complying in all respects with the minimum lot area, lot width and lot frontage, and yard requirements of this district and such subdivision will not result in more than one (1) additional dwelling over the number of dwellings existing on any parcel as of the effective date of this Resolution.

 

B.      Such mobile home shall be separated from the existing dwelling unit or any existing building on the premises by a distance of not less than twenty (20) feet.

 

C.      Such mobile home shall be provided with adequate water supply and sewage disposal systems.

 

D.      Such mobile home shall not be leased or otherwise rented or occupied by any person or persons who is/are not the father, mother or member of the immediate family of the owner-occupant of the existing dwelling unit unless the premises on which the mobile home is located shall be been properly subdivided into a separate lot in accordance with the requirements of Paragraph A immediately above.

 

  17.    Residential subdivisions in excess of the limitations set forth in Section 501.04, Subsection 5, Paragraph E of this Resolution, provided that:

 

A.      Such residential subdivisions shall be directly associated with development of a golf course, consisting of at least nine (9) par three or greater non-miniature holes, or lake, consisting of a minimum of ten (10) acres of water surface area at normal pool, which may either be privately or publicly owned, but which is open to the public, thus having the potential for attracting additional people into the County for recreation and tourism and creating additional economic activity within the County.

 

B.    Such residential subdivisions shall be surveyed and engineered and a plat prepared for consideration and approval in accordance with the Pawnee County, Nebraska Subdivision Regulations as part of the conditional use authorization.  Such plat shall conform with the requirements and standards of said Subdivision Regulations.

 

C.    Any new roadways and drainage structures created as part of such subdivision shall be dedicated to the owners of lots within such subdivision and shall be privately maintained through the creation of a homeowner’s association with assessment capabilities. Any such new roads shall not be dedicated to the public or the County nor shall any such roadway be accepted for maintenance by the County.  Further, any such new roadways shall not be subject to flooding on a one hundred (100) year basis.

 

D.    Any such residential subdivision shall be located only in areas of the County where the impact(s) on the roads and bridges which provide access to and from such subdivision from the nearest hard surfaced roadway will not result in an undue cost burden to the taxpayers of the County in providing and maintaining such roads and bridges.  In making a determination regarding the appropriateness of the subdivision, if the County Board of Commissioners determine that the anticipated impacts will result in additional maintenance cost for such roads and bridges that would be more than three (3) times the average per mile roadway and bridge maintenance costs in the County, the Board may require financial participation by the developer of said subdivision in the improvement and/or maintenance of said roadway(s) and bridges.  Further, the parcel on which such subdivision is located shall front on and have vehicular access to an existing public roadway other than a roadway designated by the County Board of Commissioners as a minimum maintenance road or other unimproved roadway, provided that if such use is located on a minimum maintenance roadway, the developer of such subdivision shall be responsible for the cost of improving such roadway to County standards before the County shall agree to accept maintenance by the County of such roadway.

 

  18.    Kennels, as defined in Section 303.49 of this Resolution, subject to the following limitations and requirements:

 

A.      Any kennel shall be located at least one-half (1/2) mile from any undeveloped lot of record less than twenty (20) acres in area, school, church, public use area or dwelling unit not of the same ownership and on the same premises as the kennel unless an impact easement, as defined in Section 303.43 is negotiated with the owner(s) of any such lot of record, school, church, dwelling unit or public use area, , in which case such kennel may be located closer than one-half (1/2) mile to any such lot of record, school, church, public use area or dwelling unit from which the impact easement is granted.  Measurement of this distance shall be from the point of the kennel or kennel runs nearest such school, church, public use area or dwelling unit to the nearest wall of a school, church, or dwelling unit or the nearest boundary of a lot or record less than twenty (20) acres in area or public use area.  Exceptions to the minimum separation distance may be authorized by conditional use where the type of animals kenneled will present no or very limited noise or other impacts on adjoining properties.

 

B.      Disposal of dead animals, animal waste, bedding and other kennel waste material shall be in accordance with the requirements of the Nebraska Department of Agriculture and applicable requirements of Title 124 of the Nebraska Department of Environmental Quality.

 

C.      The owner of any kennel shall have a license / permit for a kennel as required by the Nebraska Department of Agriculture.

 

D.      Any signage identifying a kennel shall be set back from the right-of-way line of any roadway be a distance not less than ten (10) feet and surface area of such sign shall not exceed forty (40) square feet per side.

 

E.       In authorizing any kennel the Board of Commissioners may, to avoid or limit impacts on neighboring properties, establish a limit as to the total number of animals which may be kenneled at any one time and establish any other condition appropriate to protecting neighboring properties from undue impacts.

 

            19.    Other uses, determined by the County Board of Commissioners, to be comparable with the other uses permitted as conditional uses in this district, compatible with the uses permitted in the district and consistent with the intent of this district.

 

501.07   Prohibited Uses and Structures:  Other uses and structures which are not allowed in this                 District as allowable, permitted, accessory or conditional uses shall be prohibited.

                                                               

501.08   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 three (3) acres, provided that a larger lot may be required if the standards and regulations of Title 124 of the Nebraska Department of Environmental Quality with regard to soil percolation rates, slope, depth to water table or other requirement of said Title 124 requires the use of a lagoon or other type of waste disposal facility, in which case the lot shall be sized to comply with the requirements of said Title 124.

 

2.       The minimum lot area for uses identified as conditional uses in this District 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:

A.      Any lot on which there is to be an on-site sewage disposal system shall not be less than three (3) acres in area, provided that a larger lot may be required if the standards and regulations of Title 124 of the Nebraska Department of Environmental Quality with regard to soil percolation rates, slope, depth to water table or other requirement of said Title 124 requires the use of a lagoon or other type of waste disposal facility, in which case the lot shall be sized to comply with the requirements of said Title 124.

 

B.      Any lot on which there is to be a public or semi-public sewer utilized to collect, transfer and treat sewage shall not be less than ten thousand (10,000) square feet, and

 

C.      Any lot on which sewage disposal facilities are not needed shall not be less than one (1) acre.

 

501.09   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 utilizing on-site sewage disposal systems

        The minimum lot width shall be one hundred fifty (150) feet, provided that the lot width to lot depth ratio shall not exceed one (1) to four (4).   The minimum lot frontage, including any deeded access or access easement, 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 one hundred fifty (150) feet and a minimum frontage less than fifty (50) feet.

 

2.     For lots utilizing a public or semi-public sewage collection, transport and treatment system

        The minimum lot width shall be seventy five (75) feet, provided that the lot width to lot depth ration shall not exceed one (1) to four (4).  The minimum lot frontage, including any deeded access or access easement, 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 seventy five (75) feet and a minimum frontage less than fifty (50) feet.

 

3.     For lots on which sewage disposal facilities are not needed

        The minimum lot width shall be one hundred (100) feet, provided that the lot width to lot depth ration shall not exceed one (1) to four (4).  The minimum lot frontage, including any deeded access or access easement, 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 one hundred (100) feet and a minimum frontage less than fifty (50) feet.

 

501.10   Minimum Building Setback Requirements:  The following shall be the minimum yard

                requirements for uses located within this district:

 

1.       For lots one (1) acre and larger in area

 

A.    Front Setback  -   Eighty three (83) feet, measured from the centerline of a County Road,

provided that for lots which front on a Federal or State highway the front setback shall be fifty (50) feet from the right-of-way line of such highway.

 

For a grain bin or building used for grain storage which requires filling by use of a portable auger, elevator or conveyor or requires overhead probing of stored grain, the minimum setback from any existing primary voltage electric power distribution line owned and maintained by a public utility shall be equal to the height of the highest filling or probing opening on such bin or building plus eighteen (18) feet or the distance prescribed in Section 234 of the latest published edition of the National Electrical Safety Code, whichever is greater.

 

B.      Side Setback   -     Twenty (20) feet

 

C.      Rear Setback   -    Twenty (20) feet

 

2.     For lots less than one (1) acre in area

 

A.    Front Setback  -   Fifty eight (58) feet, measured from the centerline of a County Road,

provided that for lots which front on a Federal or State highway the front setback shall be twenty five (25) feet from the right-of-way line of such highway.

 

B.      Side Setback   -    Ten (10) feet

 

C.      Rear Setback   -   Twenty (20) feet

 

501.11                                                           Maximum Height of Structures:  No limitation, except for buildings designed for human

                 habitation which shall be limited to a height of forty (40) feet.


(This page left blank for future amendments.)

 

 


Section 502           AG - T                 Transitional Agricultural District

 

502.01   Intent:              The intent of this district is to allow the development of non-agricultural uses along major roadways near the urban communities in the County while minimizing conflicts with surrounding agricultural uses and to provide protection of the urban communities from encroachment of agricultural and other land uses which could be incompatible with urban land uses and could negatively impact the urban communities 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.  Such uses and structures shall comply with the minimum lot area, setback and other applicable requirements of this Resolution and if such uses involve the development of any structure or building shall require a zoning permit or certificate of zoning compliance: (Refer to Section 202 of this Resolution)

 

1.    Agricultural uses, as defined in Section 303.04 of this Resolution, including any farm

buildings, as defined in Section 303.35 of this Resolution, but excluding any dwelling unit(s) whether or not associated with an agricultural use and excluding confined and intensive animal feeding uses, as defined in Sections 303.25 and 303.47 of this Resolution and any associated waste handling facilities, as defined in Section 303.96 of this Resolution.

 

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

       sales and similar storage facilities.

 

3.    Irrigation facilities, including wells, center pivots, re-use pits, well houses and related

structures, flood control and erosion control facilities subject to the limitations and requirements of Section 611 of this Resolution.  Sites where there is surface application of liquid animal waste shall comply with the limitations set forth in Section 501.03, Subsection 7, Paragraph D of this Resolution.  (Refer to Sections 610 and 611 of this Resolution for setback restrictions.)

 

4.    Forestry, tree farms and plant nurseries and vineyards without wine making or tasting  facilities.

 

5.    Day care and child care uses, when conducted within a residential dwelling unit by the

       occupants of such residential dwelling unit.

 

6.     Signs, including permanent on-site and outdoor advertising signs (billboards) not oriented to any State or Federal highway.

 

7.    Land application of:

 

A.    fully composted animal waste, as defined in Section 303.09 of this Resolution, to the surface of the land at agronomic rates in compliance with the requirements of the Nebraska Department of Environmental Quality,

 

B.    solid manure, as defined in Section 303.88 of this Resolution, to the surface of the land at agronomic rates in compliance with the requirements of the Nebraska Department of Environmental Quality when there is no stockpiling of such manure on any premises where such manure is to be applied,

 

C.    liquid or slurry animal waste injected into the soil at agronomic rates in compliance with the requirements of the Nebraska Department of Environmental Quality.

 

D.    liquid animal waste applied to the surface of the land at agronomic rates in compliance with the requirements of the Nebraska Department of Environmental Quality, provided that when a dwelling unit not of the same ownership as the land on which such waste is to be applied or a church or school is located within one-fourth (1/4) mile to the north or one-eighth (1/8) mile to the south, east or west, as defined in the definition of “Prevailing Winds” in Section 303.72 of this Resolution, the total time such application occurs shall not exceed 360 hours in a calendar year per site, unless an impact easement or an annual permission statement has been granted in writing from the owner(s) or unless the generator of the waste can document that no other options exist with regard to alternative sites or timing with which the generator of the waste can comply with the discharge requirements established by the Nebraska Department of Environmental Quality, in which case, the Zoning Administrator may approve a permit for such additional time for application to the subject site as is estimated to be required to comply with the discharge requirements of the Nebraska Department of Environmental Quality

 

8.    Stockpiling of animal waste or manure or municipal sewage or other sludge on any parcel of land where such waste is to be applied to the land contained within such parcel, provided such stockpiling shall meet all of the following conditions:

                                                               

A.    The amount of solid manure stockpiled on any parcel shall not exceed the amount of waste which can be applied on such parcel at agronomic rates in compliance with the requirements of the Nebraska Department of Environmental Quality for a calendar year.

 

B.    Any solid manure stockpile shall be located at least one-fourth (1/4) mile from the nearest wall of any church, school or residential dwelling unit not of the same ownership as the parcel on which the stockpile is to be placed or to the nearest boundary of any public use area unless the owner of such church, school or residential dwelling shall grant permission in writing for a stockpile to be located at a closer distance.

 

                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 and buildings, including road maintenance equipment sheds, fire stations, public utility substations and utility distribution systems.

 

2.    Churches, synagogues and other houses of worship.

 

3.       Game farms and commercial hunting and fishing where such hunting and fishing does not involve the development of lodges or other buildings devoted solely to the support of such hunting and fishing activities, provided that if such uses qualify as a Public Use Area, as defined in Section 303.76 of this Resolution, such uses shall comply with the minimum separation distances from any existing confined or intensive animal feeding use as set forth in Section 501.04, Subsection 6, Paragraph B of this Resolution.

 

4.       Radio, television, microwave and other types of erected towers forty (40) feet or less in height.

 

5.    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 premises with and of the same ownership as any

kennel, as defined in Section 303.49 of this Resolution, or confined or intensive animal feeding use, as defined in Sections 303.25 and 303.47 of this Resolution or any associated waste handling facility, as defined in Section 303.96 of this Resolution, shall be separated from any kennel by a minimum distance of one-half (1/2) mile, from any existing confined or intensive animal feeding use and associated waste handling facility by the minimum distance set forth in Section 501.04, Subsection 7, Paragraph A of this Resolution for the class of confined or intensive animal feeding use and type of associated waste handling facility which such existing confined or intensive feeding use qualifies, and from any erected tower with a height of more than forty (40) feet by a distance equal to the height of such tower  unless the developer of such dwelling shall grant an impact easement, as defined in Section 303.44 of this Resolution, to the owner of the existing kennel, confined or intensive animal feeding use or tower, in which case such dwelling shall not be included in the minimum distance measurement.  (See exceptions to the minimum separation requirement as set forth in Section 705, Paragraphs 3 and 4 of this Resolution.)

 

B.    Such minimum separation distance shall be measured from the nearest point of any land actively used or approved under this Resolution as a confined or intensive animal feeding use or associated waste handling facility, including any site where liquid (non-solid) animal waste is applied to the surface of the land, from the nearest point of any land actively used for kennels or runs or the base of any tower over forty (40) feet in height to the nearest wall of such dwelling unit. 

 

C.    Such dwelling shall be located on a parcel of land with an area not less than that specified

in Section 502.07 of this Resolution and such parcel shall have a lot (parcel) width and frontage not less than that specified in Section 502.08 of this Resolution, provided that a larger area may be required if the regulations and standards of Title 124 of the Nebraska Department of Environmental Quality, with regard to soil percolation, slope, depth to groundwater or other requirement of said Title 124 shall require a larger parcel, the requirements of said Title 124 shall govern. 

 

D.    The parcel on which such dwelling is located shall front on and have vehicular access to

an existing public roadway other than a roadway designated by the Pawnee County Board of Commissioners as a minimum maintenance road or other unimproved roadway,  provided that if such dwelling is located on a minimum maintenance roadway, the developer of such parcel shall be responsible for the cost of improving such roadway to County standards, consistent with Title 428-Public Road Classification, before the County shall agree to accept maintenance by the County of such roadway and further provided that if such parcel is located on any other unimproved roadway, the developer of such parcel shall be responsible for the costs of improving such roadway to County Standards, consistent with Title 428 –Public Road Classification, and shall be responsible for the maintenance of such roadway unless the Pawnee County Board of Commissioners shall agree to accept such roadway for County maintenance. Pawnee County shall not, however, be committed to accepting such roadway even if such roadway is improved to County road standards, Title 428 – Public Road Classification, by the owner(s) of such roadway.

 

E.    The total number of residential dwellings on any parcel of land under the same ownership as of the effective date of this Resolution shall not exceed one additional dwelling over the number of dwellings existing on any parcel as of the effective date of this Resolution or amendment thereto, unless a residential subdivision is approved by the County Board of Commissioners in accordance with the requirements of Paragraph F immediately below, provided that one (1) dwelling may be constructed on any vacant parcel created after the effective date of this Resolution, or amendment thereto, which qualifies as a farm, as defined in Section 303.34 of this Resolution and further provided that one (1) dwelling may be constructed on any vacant, undeveloped lot or record as of the effective date of this Resolution or amendment thereto, which does not qualify as a farm.

 

F.     Residential subdivisions in excess of the limitations set forth in Paragraph E, immediately above, provided that:

 

1)    Such residential subdivisions shall be surveyed and engineered and a plat prepared for consideration and approval in accordance with the Thayer County, Nebraska Subdivision Regulations as part of the conditional use authorization.  Such plat shall conform with the requirements and standards of said Subdivision Regulations.

 

2)    Any new roadways and drainage structures created as part of such subdivision shall be dedicated to the owners of lots within such subdivision and shall be privately maintained through the creation of a homeowner’s association with assessment capabilities. Any such new roads shall not be dedicated to the public or the County nor shall any such roadway be accepted for maintenance by the County.  Further, any such new roadways shall not be subject to flooding on a one hundred (100) year basis.

 

G.    Residential dwellings existing on the same premises and under the same ownership as a

confined or intensive animal feeding use or associated waste handling facility, as defined in Sections 303.25, 303.47 and 303.96 of this Resolution, as of the effective date of this Resolution shall remain under the same ownership with such confined or intensive animal feeding use or associated waste handling facility and shall not be subdivided or otherwise sold off as a separate parcel unless the confined or intensive animal feeding use and associated waste handling facility has been discontinued or an impact easement, as defined in Section 303.44 of this Resolution is executed, in which case such dwelling shall not be included in the minimum distance measurement.  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 or associated waste handling facility as set forth in Table 501.04 of this Resolution and the subsequent sale thereof.

 

                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 a farm building shall require the issuance of a zoning permit. Farm buildings shall require only a certificate of zoning compliance.

 

2.    Home occupations, in accordance with Section 608 of this Resolution.  When established in

       accordance with Section 608 of this Resolution, issuance of a zoning permit or certificate of

       zoning compliance shall not be required.

 

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.    Radio, television, microwave, wind generation and other types of erected towers in excess of forty (40) feet in height, provided such towers comply with any applicable airport hazard height limitations and further provided that any such tower is set back from the right-of-way of any public roadway, from the nearest property line of any undeveloped lot of record less than twenty (20) acres in area or any public use area and from the nearest wall of any neighboring church, school, or residential dwelling unit by a distance equal to or exceeding the height of such tower. 

 

2.     Cemeteries,

 

3.     Public schools, private schools and schools affiliated with a church or religion.

 

4.     Public service facilities not allowable as permitted principal uses in Section 502.03 of this

         Resolution.

 

5.     Fish hatcheries, wild life management areas, wildlife conservation areas, and other semi-public or public use areas, provided that if such uses qualify as a Public Use Area, as defined in Section 303.76 of this Resolution, such uses shall comply with the minimum separation distances from any existing confined or intensive animal feeding use as set forth in Section 501.04, Subsection 6, Paragraph B of this Resolution.

 

6.     Vineyards with facilities for wine production and / or tasting.

 

7.     Sewage treatment plants and facilities, sanitary landfills and commercial recycling or waste

        composting centers,

 

8.    Rock, sand, gravel or other mineral extraction or processing site, provided any application for  such use shall include an acceptable reclamation and closure plan providing for a phased reclamation and closure of each portion of the extraction area when extraction is completed and a written indication by the owners of such use that failure to completely implement such plan shall be deemed a violation of this Resolution and shall be subject to the penalties set forth herein.

 

                              9.    Airports, aircraft landing strips and heliports,

 

                           10.    Grain elevators, commercial grain storage or processing facilities, bulk fertilizer and fuel plants, livestock auction barns and buying stations, veterinary clinics, agricultural equipment repair shops, aerial crop dusting uses, and other agricultural service establishments engaged in providing horticultural, husbandry products or services to area agricultural product producers, provided that uses such as bulk fuel and fertilizer plants, grain distilling facilities and other similar uses which produce noticeable odors and/or have explosion or release of hazardous chemical potential shall not be located closer than one-half (1/2) mile to any residential dwelling or one (1) mile to any church or school.

 

                   11.     Day care and child care uses, when conducted in a building other than a residential dwelling unit or when conducted in a residential dwelling unit by persons other than of such residential dwelling unit.

 

 12.    Golf courses, driving ranges, water parks, shooting ranges and similar recreation uses,

 

13.     Temporary placement of one (1) mobile home on the same lot with an existing dwelling unit

           for the purpose providing care for a member or members of the father, mother, or immediate family member of the owner-occupant of the existing dwelling unit when such family members are disabled, elderly and in need of care or otherwise in demonstrable need of care by said owner-occupant, subject to the following conditions and restrictions:

 

A.      Placement of the mobile home shall be temporary and shall be limited to the time that the mobile home is needed to provide such care for the family member or members.  When such care is no longer needed or said mobile home is no longer occupied by such family member or members, said mobile home shall be removed from the premises within ninety (90) days of the date of non-occupancy unless said mobile home shall be been so located on the property that subdivision of the property to create a separate lot for said mobile home will result in said lot complying in all respects with the minimum lot area, lot width and lot frontage, and yard requirements of this district and such subdivision will not result in more than one (1) additional dwelling over the number of dwellings existing on any parcel as of the effective date of this Resolution.

 

B.      Such mobile home shall be separated from the existing dwelling unit or any existing building on the premises by a distance of not less than twenty (20) feet.

 

C.      Such mobile home shall be provided with adequate water supply and sewage disposal systems.

D.      Such mobile home shall not be leased or otherwise rented or occupied by any person or persons who is/are not the father, mother or member of the immediate family of the owner-occupant of the existing dwelling unit unless the premises on which the mobile home is located shall be been properly subdivided into a separate lot in accordance with the requirements of Paragraph A immediately above.

 

14.  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.

 

15.  Nursing home facilities and group homes.

 

16.  Kennels, as defined in Section 303.49 of this Resolution, subject to the following limitations

        and requirements:

 

A.      Any kennel shall be located at least one-half (1/2) mile from any undeveloped lot of record less than twenty (20) acres in area, school, church, public use area or dwelling unit not of the same ownership and on the same premises as the kennel unless an impact easement, as defined in Section 303.44 is negotiated with the owner(s) of any such lot of record, school, church, dwelling unit or public use area, , in which case such kennel may be located closer than one-half (1/2) mile to any such lot of record, school, church, public use area or dwelling unit from which the impact easement is granted.  Measurement of this distance shall be from the point of the kennel or kennel runs nearest such school, church, public use area or dwelling unit to the nearest wall of a school, church, or dwelling unit or the nearest boundary of a lot or record less than twenty (20) acres in area or public use area.  Exceptions to the minimum separation distance may be authorized by conditional use where the type of animals kenneled will present no or very limited noise or other impacts on adjoining properties.

 

B.      Disposal of dead animals, animal waste, bedding and other kennel waste material shall be in accordance with the requirements of the Nebraska Department of Agriculture and applicable requirements of Title 124 of the Nebraska Department of Environmental Quality.

 

C.      The owner of any kennel shall have a license / permit for a kennel as required by the Nebraska Department of Agriculture.

 

D.      Any signage identifying a kennel shall be set back from the right-of-way line of any roadway be a distance not less than ten (10) feet and surface area of such sign shall not exceed forty (40) square feet per side.

 

E.       In authorizing any kennel the Board of Commissioners may, to avoid or limit impacts on neighboring properties, establish a limit as to the total number of animals which may be kenneled at any one time and establish any other condition appropriate to protecting neighboring properties from undue impacts.

 

17.  Other uses and structures determined by the Board of Commissioners to be comparable with

       the above stated conditional uses and consistent with the Intent statement of this zoning

       district.

 

502.06   Prohibited Uses and Structures:  All other uses and structures which are not specifically

allowed in this District as permitted uses and consistent with the Intent statement of this zoning district. This prohibition shall specifically include all classes of confined and intensive animal feeding uses and all categories of associated waste handling facilities except municipal waste handling facilities, as defined in Sections 303.25, 303.47 and 303.96 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 residential uses shall be three (3) acres where on-site sewage disposal is proposed, provided that a larger lot may be required if the standards and regulations of Title 124 of the Nebraska Department of Environmental Quality with regard to soil percolation rates, slope, depth to water table or other requirement of said Title 124 requires the use of a lagoon or other type of waste disposal facility, in which case the lot shall be sized to comply with the requirements of said Title 124.

 

2.       The minimum lot area for residential uses shall be ten thousand (10,000) square feet where connection to a public or semi-public sewage collection and treatment system is proposed.

 

3.       The minimum lot area for uses identified as conditional uses in this District 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:

 

A.      Any lot on which there is to be an on-site sewage disposal system shall not be less than three (3) acres in area, provided that a larger lot may be required if the standards and regulations of Title 124 of the Nebraska Department of Environmental Quality with regard to soil percolation rates, slope, depth to water table or other requirement of said Title 124 requires the use of a lagoon or other type of waste disposal facility, in which case the lot shall be sized to comply with the requirements of said Title 124.

 

B.      Any lot on which there is to be a public or semi-public sewer utilized to collect, transfer and treat sewage shall not be less than ten thousand (10,000) square feet, and

 

C.      Any lot on which sewage disposal facilities are not needed shall not be less than one (1) acre.

 

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 utilizing on-site sewage disposal systems

        The minimum lot width shall be one hundred fifty (150) feet, provided that the lot width to lot depth ratio shall not exceed one (1) to four (4).   The minimum lot frontage, including any deeded access or access easement, 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 one hundred fifty (150) feet and a minimum frontage less than fifty (50) feet.

 

2.     For lots utilizing a public or semi-public sewage collection and treatment system

        The minimum lot width shall be seventy five (75) feet, provided that the lot width to lot depth ration shall not exceed one (1) to four (4).  The minimum lot frontage, including any deeded access or access easement, 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 seventy five (75) feet and a minimum frontage less than fifty (50) feet.

 

3.     For lots on which sewage disposal facilities are not needed

        The minimum lot width shall be one hundred (100) feet, provided that the lot width to lot depth ration shall not exceed one (1) to four (4).  The minimum lot frontage, including any deeded access or access easement, 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 have a width less than one hundred (100) feet and a minimum frontage less than fifty (50) feet.

 

502.09   Minimum Building Setback Requirements:  The following shall be the minimum setback

requirements for uses located within this district:

 

                For lots one (1) acre or larger in area:

 

1.       Front Setback  -  Eighty three (83) feet, measured from the centerline of a County Road,

                                      provided that for lots which front on a Federal or State highway the front

                                      setback shall be fifty (50) feet from the right-of-way line of such highway.

 

                2.    Side Setback    - Twenty (20) feet

 

3.    Rear Setback   -  Twenty (20) feet

 

                                For lots smaller than one (1) acre in area:

 

1.    Front Setback  -  Fifty eight (58) feet, measured from the centerline of a County Road,

                                      provided that for lots which front on a Federal or State highway the front

                                      setback shall be twenty five (25) feet from the right-of-way line of such

                                      highway.

 

                2.    Side Setback    -  Ten (10) feet

 

3.    Rear Setback   -  Twenty (20) feet

 

502.10   Height Limitation:   No limitation, except that the maximum height for any building designed

for human habitation shall be forty (40) feet.

 


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Section 503           AG - RC              River Corridor Agricultural District

 

503.01       Intent:  The intent of this district is to protect the environmentally sensitive lands along the

Big Nemaha River and around Burchard and Iron Horse Lakes, to preserve the scenic quality of the river corridor and lake areas by restricting the types of agricultural and other uses which can occur in the corridor, and to allow the development of non-agricultural recreational and other land uses which are compatible with maintaining the water quality and scenic quality of the River corridors and which are compatible with the agricultural uses permitted in the corridor areas. 

 

503.02       Flood Hazard Considerations:  Any building in any area included in this zoning district, which is subject to flooding on a one hundred (100) year basis as determined by the Nebraska Department of Natural Resources shall have the lowest occupied floor of such building be located at least one (1) foot above the one hundred (100) year flood level.  For residential uses, the lowest occupied floor shall include any basement.  (Refer to flood hazard restrictions in Section 508 of this Resolution.)

 

503.03        Outright Allowable Principal Uses and Structures

The following uses and structures shall be allowable uses outright.  Such uses and structures shall comply with the minimum lot area, setback and other applicable requirements of this Resolution and if such uses involve the development of any structure or building shall require a zoning permit or certificate of zoning compliance: (Refer to Section 202 of this Resolution)

 

1.     Agricultural uses, as defined in Section 303.04 of this Resolution, including any farm

buildings, as defined in Section 303.35 of this Resolution, but excluding any residential dwelling unit(s), whether or not associated with an agricultural use, excluding confined and intensive animal feeding uses, as defined in Sections 303.25 and 303.47 of this Resolution and excluding any associated waste handling facilities, as defined in Section 303.96 of this Resolution.

 

2.     Non-commercial grain, hay and produce storage facilities 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 and flood and erosion control structures, subject to the restrictions set forth in Sections 610 and 611 of this Resolution.  Sites where there is surface application of liquid animal waste shall comply with the limitations set forth in Section 501.03, Subsection 7, Paragraph D below.

 

4.    Forestry, tree farming and plant nurseries, and vineyards without facilities for wine making or tasting.

 

5.    Signs, including permanent on-site business signs and outdoor advertising signs (billboards) not oriented to any State or Federal highway. 

 

6.    Day care and child care uses, when conducted in a residential dwelling unit by the occupants

of such residential dwelling unit.

 

7.     Land application of:

 

A.    fully composted animal waste, as defined in Section 303.09 of this Resolution, to the surface of the land at agronomic rates in compliance with the requirements of the Nebraska Department of Environmental Quality,

 

B.    solid manure, as defined in Section 303.88 of this Resolution, to the surface of the land at rates at agronomic rates in compliance with the requirements of the Nebraska Department of Environmental Quality when there is no stockpiling of such manure on any premises where such manure is to be applied,

 

C.    liquid or slurry animal waste injected into the soil at rates at agronomic rates in compliance with the requirements of the Nebraska Department of Environmental Quality.

 

D.    liquid animal waste applied to the surface of the land at agronomic rates in compliance with the requirements of the Nebraska Department of Environmental Quality, provided that when a dwelling unit not of the same ownership as the land on which such waste is to be applied or a church or school is located within one-fourth (1/4) mile to the north or one-eighth (1/8) mile to the south, east or west, as defined in the definition of “Prevailing Winds” in Section 303.72 of this Resolution, the total time such application occurs shall not exceed 360 hours in a calendar year per site, unless an impact easement or an annual permission statement has been granted in writing from the owner(s) or unless the generator of the waste can document that no other options exist with regard to alternative sites or timing with which the generator of the waste can comply with the discharge requirements established by the Nebraska Department of Environmental Quality, in which case, the Zoning Administrator may approve a permit for such additional time for application to the subject site as is estimated to be required to comply with the discharge requirements of the Nebraska Department of Environmental Quality

 

8.    Stockpiling of animal waste or manure or municipal sewage or other sludge on any parcel of land where such waste is to be applied to the land contained within such parcel, provided such stockpiling shall meet all of the following conditions:

                                                               

A.   The amount of solid manure stockpiled on any parcel shall not exceed the amount of waste which can be applied on such parcel at agronomic rates in compliance with the requirements of the Nebraska Department of Environmental Quality for a calendar year.

 

B.       Any manure or sludge stockpile shall be located at least one-fourth (1/4) mile from the nearest wall of any church, school or residential dwelling unit not of the same ownership as the parcel on which the stockpile is to be placed or to the nearest boundary of any public use area unless the owner of such church, school or residential dwelling shall grant permission in writing for a stockpile to be located at a closer distance.

 

C.       Any solid manure stockpile shall not be located closer than one-fourth (1/4) mile to the shoreline of any of the surface waters protected by this zoning district and any such stockpile shall not be located in any draw or drainageway which is directly linked to any of the protected surface waters or in an area subject to flooding on a one hundred (100) year basis.

 

503.04       Permitted Principal Uses and Structures:  The following uses and structures shall be

permitted uses and shall require the issuance of a zoning permit and / or certificate of zoning compliance:

 

1.    Public service facilities and buildings, including road maintenance equipment sheds, fire stations, public utility substations and utility distribution systems.

 

2.       Churches, synagogues and other houses of worship.

 

3.       Game farms and commercial hunting and fishing where such hunting and fishing does not involve the development of lodges or other buildings devoted solely to the support of such hunting and fishing activities, provided that if such uses qualify as a Public Use Area, as defined in Section 303.76 of this Resolution, such uses shall comply with the minimum separation distances from any existing confined or intensive animal feeding use as set forth in Section 501.04, Subsection 6, Paragraph 6 of this Resolution.

 

4.       Radio, television, microwave and other types of erected towers forty (40) feet or less in height.

5.     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 premises with and of the same ownership as any

kennel, as defined in Section 303.49 of this Resolution, or confined or intensive animal feeding use, as defined in Sections 303.25 and 303.47 of this Resolution or any associated waste handling facility, as defined in Section 303.96 of this Resolution, shall be separated from any kennel by a minimum distance of one-half (1/2) mile, from any existing confined or intensive animal feeding use and associated waste handling facility by the minimum distance set forth Section 501.04, Subsection 7, Paragraph A of this Resolution for the class of confined or intensive animal feeding use and type of associated waste handling facility which such existing confined or intensive feeding use qualifies, and from any erected tower with a height of more than forty (40) feet by a distance equal to the height of such tower  unless the developer of such dwelling shall grant an impact easement, as defined in Section 303.44 of this Resolution, to the owner of the existing kennel, confined or intensive animal feeding use or tower, in which case such dwelling shall not be included in the minimum distance measurement.  (See exceptions to the minimum separation requirement as set forth in Section 705, Paragraphs 3 and 4 of this Resolution.)

 

B.    Such minimum separation distance shall be measured from the nearest point of any land actively used or approved under this Resolution as a confined or intensive animal feeding use or associated waste handling facility, including any site where liquid (non-solid) animal waste is applied to the surface of the land, from the nearest point of any land actively used for kennels or runs or the base of any tower over forty (40) feet in height to the nearest wall of such dwelling unit. 

 

C.    Such dwelling shall be located on a parcel of land with an area not less than that specified

in Section 503.08 of this Resolution and such parcel shall have a lot (parcel) width and frontage not less than that specified in Section 503.09 of this Resolution, provided that a larger area may be required if the regulations and standards of Title 124 of the Nebraska Department of Environmental Quality, with regard to soil percolation, slope, depth to groundwater or other requirement of said Title 124 shall require a larger parcel, the requirements of said Title 124 shall govern. 

 

D.    The parcel on which such dwelling is located shall front on and have vehicular access to

an existing public roadway other than a roadway designated by the Pawnee County Board of Commissioners as a minimum maintenance road or other unimproved roadway,  provided that if such dwelling is located on a minimum maintenance roadway, the developer of such parcel shall be responsible for the cost of improving such roadway to County standards, consistent with Title 428-Public Road Classifications, before the County shall agree to accept maintenance by the County of such roadway and further provided that if such parcel is located on any other unimproved roadway, the developer of such parcel shall be responsible for the costs of improving such roadway to County Standards, Consistent with Title 428-Public Road Classifications, and shall be responsible for the maintenance of such roadway unless the Pawnee County Board of Commissioners shall agree to accept such roadway for County maintenance. Pawnee County shall not, however, be committed to accepting such roadway even if such roadway is improved to County road standards, consist with Title 428 – Public Road Classifications, by the owner(s) of such roadway.

 

E.    The total number of residential dwellings on any parcel of land under the same ownership as of the effective date of this Resolution shall not exceed one additional dwelling over the number of dwellings existing on any parcel as of the effective date of this Resolution or amendment thereto, unless a conditional use for a residential subdivision is approved as a conditional use by the County Board of Commissioners in accordance Section 503.06, Subsection 15 of this Resolution, provided that one (1) dwelling may be constructed on any vacant parcel created after the effective date of this Resolution, or amendment thereto, which qualifies as a farm, as defined in Section 303.34 of this Resolution and further provided that one (1) dwelling may be constructed on any vacant, undeveloped lot or record as of the effective date of this Resolution or amendment thereto, which does not qualify as a farm.

 

   F.      Residential dwellings existing on the same premises and under the same ownership as a

confined or intensive animal feeding use or associated waste handling facility, as defined in Sections 303.25, 303.47 and 303.95 of this Resolution, as of the effective date of this Resolution shall remain under the same ownership with such confined or intensive animal feeding use or associated waste handling facility and shall not be subdivided or otherwise sold off as a separate parcel unless the confined or intensive animal feeding use and associated waste handling facility has been discontinued or an impact easement, as defined in Section 303.44 of this Resolution is executed, in which case such dwelling shall not be included in the minimum distance measurement.  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 or associated waste handling facility as set forth in Section 501.04, Subsection 6, Paragraph B of this Resolution and the subsequent sale thereof.

 

7.     Any confined or intensive animal feeding use and any waste handling facility associated with any confined or intensive animal feeding use in existence as of the effective date of this Resolution, may be expanded in the number of animal units served and / or land area occupied by such use, provided that such expansion shall comply with all of the following limitations:

 

A.      Notwithstanding the requirements of Paragraphs B and C immediately below, any expansion of waste handling facilities associated with confined or intensive animal feeding uses existing as of the effective date of this Resolution or amendment thereto which is mandated and required by the Nebraska Department of Environmental Quality or other State or Federal agency where there is not an increase in the animal unit capacity of the confined or intensive animal feeding use shall not be considered an expansion of said use and shall not be regulated with regard to separation distances for neighboring uses even if such expansion is exterior to the existing animal feeding use.

 

B.    If animal feeding use and / or the waste handling facility, associated with a confined or intensive animal feeding use complies with the minimum separation distances from neighboring uses, as Section 501.04, Subsection 6, Paragraph B of this Resolution, such use may be expanded in any direction provided that such expansion complies with all requirements of Paragraph C, Subparagraphs 3) through 8) immediately below and such expansion shall not result in separation distances to any undeveloped lot of record which is less than twenty (20) acres in area, church, school, public use area or dwelling unit not on the same premises and not of the same ownership as the animal feeding use and associated waste handling facility being less than set forth in Section 501.04, Subsection 6, Paragraph B of this Resolution for the class of animal feeding use and category of the waste handling facility for which the use would qualify after such expansion, unless the owner(s) of any such lot of record, church, school, public use area or dwelling unit shall grant the owner of the animal feeding use and associated waste handling facility an impact easement, as defined in Section 303.44 of this Resolution, in which case such use may expand in the direction from which such impact easement is granted.  (Minimum separation distances shall be measured in accordance with Footnote * of Table 501.04 of this Resolution)

 

C.    If the confined or intensive animal feeding use or associated waste handling facility is located closer than the minimum separation distances from neighboring uses, as set forth in Table 501.04 of this Resolution for the class of animal feeding use and category of  waste handling facility, such use may be expanded, provided any expansion complies with all of the following restrictions: 

 

1)    Such feeding use or any associated waste handling facility may not be expanded closer to any undeveloped lot of record less than twenty (20) acres in area, church, school, public use area or dwelling unit not on the same premises and not of the same ownership as the animal feeding use or associated waste handling facility to which the waste handling facility is already less than the minimum distances specified in said Section 501.04, Subsection 6, Paragraph B of this Resolution, unless the owner of any such lot of record, church, school, public use area or dwelling unit shall grant the owner of the animal feeding use and associated waste handling facility an impact easement, as defined in Section 303.44 of this Resolution, in which case such use may expand in the direction from which such impact easement was granted.  Further, any such feeding use or any associated waste handling facility shall not be expanded closer to any surface waters protected by this zoning district. (Minimum separation distances shall be measured in accordance with Footnote * of Table 501.04 of this Resolution)

 

2)    Expansion in any other direction shall be permitted, provided that such expansion shall not result in separation distance to any other undeveloped lot of record less than twenty (20) acres in area, church, school, public use area or dwelling unit not on the same premises and not of the same ownership as the animal feeding use and associated waste handling facility being less than set forth Section 501.04, Subsection 6, Paragraph B for the class of animal feeding use and category of the waste handling facility for which the use would qualify after such expansion, unless the owner(s) of any such lot of record, church, school, public use area or dwelling unit shall grant the owner of the animal feeding use and associated waste handling facility an impact easement, as defined in Section 303.44 of this Resolution, in which case such use may expand in the direction from which such impact easement was granted.  (Minimum separation distances shall be measured in accordance with Footnote * of Table 501.04 of this Resolution)

 

3)       Any physical expansion of the animal feeding use or associated waste handling facility shall be immediately contiguous with (abut) the existing feeding use or associated waste handling facilities.

 

4)    The type of waste handling facility used to handle the animal waste of the expanded feeding use shall be the same type that is used by the existing feeding use or such waste handling facility may be changed to a facility that will generate less odor.  The ranking of the types of waste handling facilities with regard to odor production shall be in the order set forth in the definition of Waste Handling Facility in Section 303.94 of this Resolution with aerobic facilities producing the least amount of odor and anaerobic facilities producing the greatest amount of odor.

 

5)    Such expansion may in phases over time, but such expansion(s) shall be limited to a total of not more than fifty (50) percent greater numbers of animal units than the one-time animal unit capacity which existed as of the effective date of this Resolution. Expansion beyond this limit may only be authorized as a conditional use in accordance with the requirements of 501.06 and the procedures set forth in Article 10 of this Resolution. 

 

6)    Minimum separation distances shall not apply to any site where;

 

a.     fully composted animal waste, as defined in Section 303.09 of this Resolution, is applied to the surface of the land at agronomic rates in compliance with the requirements of the Nebraska Department of Environmental Quality,

 

b.     solid manure, as defined in Section 303.88 of this Resolution, is applied to the surface of the land at agronomic rates in compliance with the requirements of the Nebraska Department of Environmental Quality when there is no stockpiling of such manure on any premises where such manure is to be applied,

 

c.     liquid or slurry animal waste is injected into the soil at agronomic rates in compliance with the requirements of the Nebraska Department of Environmental Quality.

 

d.    liquid animal waste applied to the surface of the land at agronomic rates in compliance with the requirements of the Nebraska Department of Environmental Quality, provided that when a dwelling unit not of the same ownership as the land on which such waste is to be applied or a church or school is located within one-fourth (1/4) mile to the north or one-eighth (1/8) mile to the south, east or west, as defined in the definition of “Prevailing Winds” in Section 303.72 of this Resolution, the total time such application occurs shall not exceed 360 hours in a calendar year per site, unless an impact easement or an annual permission statement has been granted in writing from the owner(s) or unless the generator of the waste can document that no other options exist with regard to alternative sites or timing with which the generator of the waste can comply with the discharge requirements established by the Nebraska Department of Environmental Quality, in which case, the Zoning Administrator may approve a permit for such additional time for application to the subject site as is estimated to be required to comply with the discharge requirements of the Nebraska Department of Environmental Quality

 

6)    Additional animals shall not be added to the use until any new permit required by the Nebraska Department of Environmental Quality or its successor agency shall have been issued and such use shall be operated in a manner consistent with the requirements of any such permit and the requirements of this Resolution.

 

7)    Exceptions to the minimum separation distance specified in Section 501.04, Subsection 6, Paragraph B of this Resolution may be granted by conditional use where special types of waste handling facilities, special provisions for odor control, dust control and fly control, application of new technologies or a combination thereof is proposed and it is determined by the County Board of Commissioners, after review and recommendation by the Planning Commission, that reduction in said minimum separation distance will not interfere with the use and enjoyment of neighboring properties or reduce the value of such neighboring properties.

 

                                                8)    For purposes of this regulation, a dwelling unit not of the same ownership and not on                                                        the same premises as the animal feeding use or associated waste handling facility                                                              shall be interpreted to mean that such dwelling is an occupied or habitable residential                                                        dwelling and, if vacant and not habitable, would not require more cost than the                                                         present assessed valuation of the dwelling structure (excluding the valuation of the                                                                 land) to make such dwelling habitable.

 

503.05   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. Farm buildings shall require only a certificate of zoning compliance.

 

2.    Home occupations, in accordance with Section 608 of this Resolution.  When established in

       accordance with Section 608 of this Resolution, issuance of a zoning permit or certificate of

       zoning compliance shall not be required.

 

4.       Roadside stands for the temporary sale of produce grown or crafts produced on the premises. No zoning permit shall be required.

 

503.06   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 - RC,  River Corridor Agricultural District:

 

1.    Radio, television, microwave, wind generation and other types of erected towers in excess of forty (40) feet in height, provided such towers comply with any applicable airport hazard height limitations and further provided that any such tower is set back from the right-of-way of any public roadway, from the nearest property line of any undeveloped lot of record less than twenty (20) acres in area or any public use area and from the nearest wall of any neighboring church, school, or residential dwelling unit by a distance equal to or exceeding the height of such tower. 

 

2.     Cemeteries,

 

3.     Public schools, private schools and schools affiliated with a church or religion.

 

4.    Public service facilities not allowable as permitted principal uses in Section 503.04 of this

         Resolution.

 

5.     Fish hatcheries, wild life management areas, wildlife conservation areas, and other semi-public or public use areas, provided that if such uses qualify as a Public Use Area, as defined in Section 303.76 of this Resolution, such uses shall comply with the minimum separation distances from any existing confined or intensive animal feeding use as set forth in Section 501.04, Subsection 6, Paragraph B of this Resolution.

 

6.     Vineyards with facilities for wine production and / or tasting.

 

7.     Sewage treatment plants and facilities, sanitary landfills and commercial recycling or waste

        composting centers,

 

8.    Rock, sand, gravel or other mineral extraction or processing site, provided any application for  such use shall include an acceptable reclamation and closure plan providing for a phased reclamation and closure of each portion of the extraction area when extraction is completed and a written indication by the owners of such use that failure to completely implement such plan shall be deemed a violation of this Resolution and shall be subject to the penalties set forth herein.

 

                              9.     Airports, aircraft landing strips and heliports,

 

                           10.    Grain elevators, commercial grain storage or processing facilities, bulk fertilizer and fuel plants, livestock auction barns and buying stations, veterinary clinics, agricultural equipment repair shops, aerial crop dusting uses, and other agricultural service establishments engaged in providing horticultural, husbandry products or services to area agricultural product producers, provided that uses such as bulk fuel and fertilizer plants, grain distilling facilities and other similar uses which produce noticeable odors and/or have explosion or release of hazardous chemical potential shall not be located closer than one-half (1/2) mile to any residential dwelling or one (1) mile to any church or school.

 

                   11.     Day care and child care uses, when conducted in a building other than a residential dwelling unit or when conducted in a residential dwelling unit by persons other than of such residential dwelling unit.

 

 12.     Golf courses, driving ranges, water parks, shooting ranges and similar recreation uses,

13.     Temporary placement of one (1) mobile home on the same lot with an existing dwelling unit

           for the purpose providing care for a member or members of the father, mother, or immediate family member of the owner-occupant of the existing dwelling unit when such family members are disabled, elderly and in need of care or otherwise in demonstrable need of care by said owner-occupant, subject to the following conditions and restrictions:

 

A.      Placement of the mobile home shall be temporary and shall be limited to the time that the mobile home is needed to provide such care for the family member or members.  When such care is no longer needed or said mobile home is no longer occupied by such family member or members, said mobile home shall be removed from the premises within ninety (90) days of the date of non-occupancy unless said mobile home shall be been so located on the property that subdivision of the property to create a separate lot for said mobile home will result in said lot complying in all respects with the minimum lot area, lot width and lot frontage, and yard requirements of this district and such subdivision will not result in more than one (1) additional dwelling over the number of dwellings existing on any parcel as of the effective date of this Resolution.

 

B.      Such mobile home shall be separated from the existing dwelling unit or any existing building on the premises by a distance of not less than twenty (20) feet.

 

C.      Such mobile home shall be provided with adequate water supply and sewage disposal systems.

 

D.      Such mobile home shall not be leased or otherwise rented or occupied by any person or persons who is/are not the father, mother or member of the immediate family of the owner-occupant of the existing dwelling unit unless the premises on which the mobile home is located shall be been properly subdivided into a separate lot in accordance with the requirements of Paragraph A immediately above.

 

14.  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.

 

15.  Residential subdivisions in excess of the limitations set forth in Section 503.04, Subsection 5, Paragraph E of this Resolution, provided that:

 

D.      Such residential subdivisions shall be directly associated with development of a golf course, consisting of at least nine (9) par three or greater non-miniature holes, or lake, consisting of a minimum of ten (10) acres of water surface area at normal pool, which may either be privately or publicly owned, but which is open to the public, thus having the potential for attracting additional people into the County for recreation and tourism and creating additional economic activity within the County.

 

B.    Such residential subdivisions shall be surveyed and engineered and a plat prepared for consideration and approval in accordance with the Pawnee County, Nebraska Subdivision Regulations as part of the conditional use authorization.  Such plat shall conform with the requirements and standards of said Subdivision Regulations.

 

C.    Any new roadways and drainage structures created as part of such subdivision shall be dedicated to the owners of lots within such subdivision and shall be privately maintained through the creation of a homeowner’s association with assessment capabilities. Any such new roads shall not be dedicated to the public or the County nor shall any such roadway be accepted for maintenance by the County.  Further, any such new roadways shall not be subject to flooding on a one hundred (100) year basis.

 

D.    Any such residential subdivision shall be located only in areas of the County where the impact(s) on the roads and bridges which provide access to and from such subdivision from the nearest hard surfaced roadway will not result in an undue cost burden to the taxpayers of the County in providing and maintaining such roads and bridges.  In making a determination regarding the appropriateness of the subdivision, if the County Board of Commissioners determine that the anticipated impacts will result in additional maintenance cost for such roads and bridges that would be more than three (3) times the average per mile roadway and bridge maintenance costs in the County, the Board may require financial participation by the developer of said subdivision in the improvement and/or maintenance of said roadway(s) and bridges.  Further, the parcel on which such subdivision is located shall front on and have vehicular access to an existing public roadway other than a roadway designated by the County Board of Commissioners as a minimum maintenance road or other unimproved roadway, provided that if such use is located on a minimum maintenance roadway, the developer of such subdivision shall be responsible for the cost of improving such roadway to County standards before the County shall agree to accept maintenance by the County of such roadway.

 

                             16.     Kennels, as defined in Section 303.49 of this Resolution, subject to the following limitations

        and requirements:

 

A.      Any kennel shall be located at least one-half (1/2) mile from any undeveloped lot of record less than twenty (20) acres in area, school, church, public use area or dwelling unit not of the same ownership and on the same premises as the kennel unless an impact easement, as defined in Section 303.44 is negotiated with the owner(s) of any such lot of record, school, church, dwelling unit or public use area, , in which case such kennel may be located closer than one-half (1/2) mile to any such lot of record, school, church, public use area or dwelling unit from which the impact easement is granted.  Measurement of this distance shall be from the point of the kennel or kennel runs nearest such school, church, public use area or dwelling unit to the nearest wall of a school, church, or dwelling unit or the nearest boundary of a lot or record less than twenty (20) acres in area or public use area.  Exceptions to the minimum separation distance may be authorized by conditional use where the type of animals kenneled will present no or very limited noise or other impacts on adjoining properties.

 

B.      Disposal of dead animals, animal waste, bedding and other kennel waste material shall be in accordance with the requirements of the Nebraska Department of Agriculture and applicable requirements of Title 124 of the Nebraska Department of Environmental Quality.

 

C.      The owner of any kennel shall have a license / permit for a kennel as required by the Nebraska Department of Agriculture.

 

D.      Any signage identifying a kennel shall be set back from the right-of-way line of any roadway be a distance not less than ten (10) feet and surface area of such sign shall not exceed forty (40) square feet per side.

 

E.       In authorizing any kennel the Board of Commissioners may, to avoid or limit impacts on neighboring properties, establish a limit as to the total number of animals which may be kenneled at any one time and establish any other condition appropriate to protecting neighboring properties from undue impacts.

 

17.  Other uses and structures determined by the Board of Commissioners to be comparable with

       the above stated conditional uses and consistent with the Intent statement of this zoning

       district.

 

 

 

503.07   Prohibited Uses and Structures:  All other uses and structures which are not specifically

allowed in this District as permitted uses and consistent with the Intent statement of this zoning district. This prohibition shall specifically include all classes of confined and intensive animal feeding uses and all categories of associated waste handling facilities except municipal waste handling facilities, as defined in Sections 303.25, 303.47 and 303.96 of this Resolution.

 

503.08   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 three (3) acres, provided that a larger lot may be required if the standards and regulations of Title 124 of the Nebraska Department of Environmental Quality with regard to soil percolation rates, slope, depth to water table or other requirement of said Title 124 requires the use of a lagoon or other type of waste disposal facility, in which case the lot shall be sized to comply with the requirements of said Title 124.

 

2.       The minimum lot area for uses identified as conditional uses in this District 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:

 

A.      Any lot on which there is to be an on-site sewage disposal system shall not be less than three (3) acres in area, provided that a larger lot may be required if the standards and regulations of Title 124 of the Nebraska Department of Environmental Quality with regard to soil percolation rates, slope, depth to water table or other requirement of said Title 124 requires the use of a lagoon or other type of waste disposal facility, in which case the lot shall be sized to comply with the requirements of said Title 124.

 

B.      Any lot on which there is to be a public or semi-public sewer utilized to collect, transfer and treat sewage shall not be less than ten thousand (10,000) square feet, and

 

C.      Any lot on which sewage disposal facilities are not needed shall not be less than one (1) acre.

 

503.09   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 utilizing on-site sewage disposal systems

        The minimum lot width shall be one hundred fifty (150) feet, provided that the lot width to lot depth ratio shall not exceed one (1) to four (4).   The minimum lot frontage, including any deeded access or access easement, 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 one hundred fifty (150) feet and a minimum frontage less than fifty (50) feet.

 

2.     For lots utilizing a public or semi-public sewage collection and treatment system

        The minimum lot width shall be seventy five (75) feet, provided that the lot width to lot depth ration shall not exceed one (1) to four (4).  The minimum lot frontage, including any deeded access or access easement, 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 seventy five (75) feet and a minimum frontage less than fifty (50) feet.

 

 

 

3.     For lots on which sewage disposal facilities are not needed

        The minimum lot width shall be one hundred (100) feet, provided that the lot width to lot depth ration shall not exceed one (1) to four (4).  The minimum lot frontage, including any deeded access or access easement, 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 have a width less than one hundred (100) feet and a minimum frontage less than fifty (50) feet.

 

503.10   Minimum Building Setback Requirements:  The following shall be the minimum yard

                requirements for uses located within this district:

 

                For lots one (1) acre or larger in area:

 

1.       Front Setback  -  Eighty three (83) feet, measured from the centerline of a County Road,

                                      provided that for lots which front on a Federal or State highway the front

                                      setback shall be fifty (50) feet from the right-of-way line of such highway.

 

                2.    Side Setback    - Twenty (20) feet

 

3.    Rear Setback   -  Twenty (20) feet

 

                                For lots smaller than one (1) acre in area:

 

1.    Front Setback  -  Fifty eight (58) feet, measured from the centerline of a County Road,

                                      provided that for lots which front on a Federal or State highway the front

                                      setback shall be twenty five (25) feet from the right-of-way line of such

                                      highway.

 

                2.    Side Setback    -  Ten (10) feet

 

3.    Rear Setback   -  Twenty (20) feet

 

503.11   Maximum Height of Structures:  No limitation, except for buildings designed for human

                 habitation which shall be limited to a height of forty (40) feet.


Section 504           AG - R                        Rural Residential District

 

504.01   INTENT:  This district is intended to be applied to the land included in the Frazier Lake

Subdivision and other similar lake oriented residential subdivisions so that existing and future residential uses in this subdivisions may be protected from encroachment by none compatible uses and so that such residential uses are developed in a manner which will protect against contamination of ground or surface waters and the local environment.

               

504.02   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 303.35 of this Resolution, but excluding any residential dwelling unit(s), whether or not associated with an agricultural use, excluding confined and intensive animal feeding uses, as defined in Sections 303.25 and 303.47 of this Resolution and excluding any associated waste handling facilities as defined in Section 303.96 of this Resolution.

 

2.     Non-commercial grain, hay and produce storage facilities 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 and flood and erosion control structures, subject to the restrictions set forth in Sections 610 and 611 of this Resolution.  Sites where there is surface application of liquid animal waste shall comply with the limitations set forth in Subsection 7, Paragraph D below.

 

4.    Forestry, tree farming and plant nurseries, and vineyards without facilities for wine making or tasting.

 

5.    Signs, including permanent on-site and outdoor advertising signs (billboards) not oriented to any State or Federal highway.

 

6.    Day care and child care uses, when conducted in a residential dwelling unit by the occupants

of such residential dwelling unit.

 

7.    Land application of:

 

A.    fully composted animal waste, as defined in Section 303.09 of this Resolution, to the surface of the land at agronomic rates in compliance with the requirements of the Nebraska Department of Environmental Quality,

 

B.    solid manure, as defined in Section 303.88 of this Resolution, to the surface of the land at agronomic rates in compliance with the requirements of the Nebraska Department of Environmental Quality when there is no stockpiling of such manure on any premises where such manure is to be applied,

 

C.    liquid or slurry animal waste injected into the soil at agronomic rates in compliance with the requirements of the Nebraska Department of Environmental Quality.

 

D.    liquid animal waste applied to the surface of the land at agronomic rates in compliance with the requirements of the Nebraska Department of Environmental Quality, provided that when a dwelling unit not of the same ownership as the land on which such waste is to be applied or a church or school is located within one-fourth (1/4) mile to the north or one-eighth (1/8) mile to the south, east or west, as defined in the definition of “Prevailing Winds” in Section 303.72 of this Resolution, the total time such application occurs shall not exceed 360 hours in a calendar year per site, unless an impact easement or an annual permission statement has been granted in writing from the owner(s) or unless the generator of the waste can document that no other options exist with regard to alternative sites or timing with which the generator of the waste can comply with the discharge requirements established by the Nebraska Department of Environmental Quality, in which case, the Zoning Administrator may approve a permit for such additional time for application to the subject site as is estimated to be required to comply with the discharge requirements of the Nebraska Department of Environmental Quality

 

8.    Stockpiling of animal waste or manure or municipal sewage or other sludge on any parcel of land where such waste is to be applied to the land contained within such parcel, provided such stockpiling shall meet all of the following conditions:

                                                               

A.      The amount of solid manure stockpiled on any parcel shall not exceed the amount of waste which can be applied on such parcel at rates in compliance with the requirements of the Nebraska Department of Environmental Quality for a calendar year.

 

B.      Any solid manure stockpile shall be located at least one-fourth (1/4) mile from the nearest wall of any church, school or residential dwelling unit not of the same ownership as the parcel on which the stockpile is to be placed or to the nearest boundary of any public use area unless the owner of such church, school or residential dwelling shall grant permission in writing for a stockpile to be located at a closer distance.

 

C.      Any solid manure stockpile shall not be located closer than one-fourth (1/4) mile to the shoreline of any of the rivers or lakes protected in this zoning district and any such stockpile shall not be located in any draw or drainageway which is directly linked to any of the rivers protected in this zoning district.

 

504.03   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.     Single-Family dwellings, including manufactured housing, modular homes and mobile

        homes, provided such dwellings shall comply with all of the following restrictions:

 

A.        All dwellings shall be so constructed so that the floor elevation of the lowest floor of

the dwelling which is intended for human occupancy shall be elevated a minimum of    one (1) foot above the 100 year flood elevation.

 

B.        Where on-lot sewage disposal is proposed such lot shall be of such minimum size, and

have soil conditions and slope which will allow construction of such on-lot sewage    system in compliance with Title 124 of the Nebraska Department of Environmental Quality.  A dwelling on any lot or contiguous lots under single ownership as of the effective date of this Section which cannot comply with the requirements of said Title 124 may only be constructed if a sewage collection tank is installed and all sewage produced on the premises shall be collected and transported to an approved public sewage treatment facility for disposal.

 

504.04  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, 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.

 

 

 

504.05   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 - R  Rural Residential District:

 

1.       Public and private recreational uses including parks, playgrounds, campgrounds, river or lake access sites and other similar uses,

 

2.    Other uses and structures determined by the Board of Commissioners to be comparable with

       the above stated conditional uses and consistent with the Intent statement of this zoning

       district.

 

504.06  PROHIBITED USES AND STRUCTURES:  All other uses and structures which are not

specifically allowed in this District as permitted uses and consistent with the Intent statement of this zoning district. This prohibition shall specifically include all types of confined or intensive animal feeding, as defined in Sections 303.25 and 303.47 of this Resolution and any waste handling facilities associated with such uses, as defined in Section 303.96 of this Resolution.

 

504.07   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 sewer collection and treatment system is provided, the minimum lot size shall be one two thousand seven hundred (2,700) square feet.

 

2.       The minimum lot area for uses identified as conditional uses in this District, other than residential dwelling units, 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 two thousand seven hundred (2,700) square feet if a semi-public sewer collection and treatment system is to be used.

 

504.08   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 ninety (90) 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 thirty (30) feet and a minimum frontage less than thirty (30) feet.

 

2.       For lots on which connection to semi-public sewer collection and treatment system is to be used, the minimum lot width shall be thirty (30) feet and the minimum lot frontage shall be thirty (30) 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 thirty (30) feet and a minimum frontage less than thirty (30) feet.

 

 

 

 

504.09   MINIMUM BUILDING SETBACK REQUIREMENTS:  The following shall be the

minimum yard requirements for uses located within this district:

 

                                1.    Front Setback  -   Twenty (20) feet from the front property line.

                                2.    Side Setback    -   Five (5) feet

                                                3.    Rear Setback    -  Five (5) feet

 

504.10   MAXIMUM HEIGHT:  No limitation, except that the maximum height for any building

designed for human habitation shall be forty (40) feet and, except for any applicable restrictions in airport approach zones as set forth in Section 507 of this Resolution.


SECTION 505       RCI       Rural Commercial / Industrial District

 

505.01    Intent:  The intent of this district is to allow for the development of commercial and industrial uses in rural areas of Pawnee County when such uses are specifically agri-business uses serving the agricultural producers in Pawnee County, to allow development of non-agricultural related business and industrial uses along the major highways in Pawnee County, on a case by case basis, in order to minimize potential conflicts with agricultural production activities and housing which may exist along such major highways and to allow the development of off-premise advertising signs (billboards) along such major highways in appropriate areas in which this district is applied.

 

505.02    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 303.35 of this Resolution, but excluding any dwelling unit(s) whether or not associated with an agricultural use and excluding confined and intensive animal feeding uses, as defined in Sections 303.25 and 303.47 of this Resolution and any associated waste handling facilities, as defined in Section 303.96 of this Resolution.

 

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, subject to the restrictions set forth in Sections 610 and 611 of this Resolution. Sites where there is surface application of liquid animal waste shall comply with the limitations set forth in Section 501.03, Subsection 7,  Paragraph D of this Resolution.

 

4.    Forestry, tree farms, plant nurseries and vineyards without wine making or tasting facilities.

 

5.    Child and day care uses conducted within a residential dwelling by the occupants of such residential dwelling unit.

 

505.03    Permitted Principal Uses and Structures:  The following uses and structures shall be considered agri-business uses and shall be permitted uses.  Off-premise advertising signs (billboards), although not an agri-business use, shall also be a permitted use in accordance with the restrictions set forth in this Section.  Such uses shall require the issuance of a zoning permit / building permit and/or certificate of zoning compliance:

 

1.     Grain elevators, commercial grain storage or processing facilities, bulk fertilizer and fuel plants, livestock auction barns and buying stations, veterinary clinics, agricultural equipment repair shops, aerial crop dusting uses and landing strips, and other agricultural service establishments engaged in providing horticultural, husbandry products or services to area agricultural product producers, provided that uses such as bulk fuel and fertilizer plants, grain distilling facilities and other similar uses which produce noticeable odors and/or have explosion or release of hazardous chemical potential shall not be located closer than one-fourth (1/4) mile to any residential dwelling or one-half (1/2) mile to any church or school.

 

2.     Farm machinery and equipment sales and service uses and other sales and service businesses which support general agricultural production in the County.

 

3.    Radio, television, microwave and other types of erected towers forty (40) feet or less in height.

 

4.    Signs, including permanent (non-portable) business identification signs and off-premise advertising signs (billboards) in accordance with the following restrictions:

 

A.    Non-portable business identification signs:

 

1)    The total number of permanent business identification signs, excluding off-premise advertising signs (billboards), shall not exceed three (3) per premises,

 

2)    The minimum setback from the front lot line and the right-of-way line of any State or Federal Highway for any monument or free-standing sign shall be twenty (20) feet, the maximum height shall not exceed twenty (20) feet and the maximum sign face area shall not exceed one hundred (100) square feet, provided that for each additional foot that such sign is set back from the front lot line, the sign height may be increased by one (1) foot and the maximum sign face area may be increased by three (3) square feet and further provided that the maximum height shall be fifty (50) feet and the maximum sign face area shall be three hundred (300) square feet.   Signs with a setback from the front lot line and right-of-way line of any State or Federal Highway greater than fifty (50) feet shall have a maximum sign surface area of four hundred (400) square feet and a maximum height of thirty five (35) square feet.

 

3)    The total sign face area of all signs on the premises, including free-standing, wall-mounted or wall-projection signs, excluding off-premise advertising signs (billboards), shall not exceed five hundred (500) square feet, except on any premise where a sign with a setback from the front lot line and right-of-way line of any State or Federal Highway greater than fifty (50) feet is proposed the total sign surface area of all on-premise signs, excluding off-premise advertising signs (billboards) shall be one thousand seven hundred (700) square feet.

 

        B.    Off-premise advertising signs (billboards):

                                               

1)    The minimum setback from the front lot line and the right-of-way line of any State or Federal Highway shall be twenty (20) feet, the maximum height shall not exceed thirty five (35) feet and the maximum sign face area for each sign face shall not exceed three hundred (300) square feet,

 

2)    Regardless of the location of commercial or industrial premises, any off-premise advertising sign (billboard) shall be located a minimum distance of one-fourth (1/4) mile from any other off-premise advertising sign (billboard) on either side of the roadway to which such sign is oriented, measured from the nearest point of one such sign to the nearest point of another such sign.  Further any off-premise advertising sign (billboard) shall be located a minimum distance of three hundred (300) feet from the nearest wall of any neighboring residential dwelling, church, school or the nearest boundary of any public use area.

 

  3)    Double-deck off-premise advertising signs (billboards) shall be prohibited.

 

4)    Lighting of any such off-premise advertising sign (billboard) shall be so directed and / or shielded to prevent any direct lighting of adjoining property or any roadway right-of-way.

 

5)    No off-premise advertising sign (billboard) shall be constructed on any premises in this District until the commercial or industrial use permitted on or approved for such premises shall have first been constructed and be in operation.

 

6)    All on and off-premise advertising signs (billboards) oriented to any State or Federal Highway shall also be subject to the requirements and limitations imposed by the Nebraska Department of Roads and where any such requirements or limitations impose a greater restriction, requirement or limitation, such shall apply.

 

505.04    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. Farm buildings shall require only   a certificate of zoning compliance.

 

2.    Home occupations, in accordance with Section 608 of this Resolution.  When established in accordance with Section 608 of this Resolution, issuance of a zoning permit or certificate of zoning compliance shall not be required.

 

3.    Roadside stands for the temporary sale of produce grown or crafts produced on the premises. No zoning permit shall be required.

 

505.05    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 RCI  -  Rural Commercial - Industrial District:

                               

1.    Non-agricultural related commercial and industrial uses, determined by the Board of

                                                Commissioners to be compatible with adjoining land uses and consistent with the intent statement of this District.

               

2.    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.

 

3.    Day care and child care uses, when conducted in a building other than a residential dwelling unit or when conducted in a residential dwelling unit by persons other than of such residential dwelling unit.

 

4.     Radio, television, microwave, wind generation and other types of erected towers in excess of forty (40) feet in height, provided such towers comply with any applicable airport hazard height limitations and further provided that any such tower is set back from the right-of-way of any public roadway, from the nearest property line of any public use area and from the nearest wall of any neighboring church, school, or residential dwelling unit by a distance equal to or exceeding the height of such tower. 

 

5.    Other uses and structures, determined by the Board of Commissioners to be comparable with the above listed conditional uses, compatible with surrounding land uses and consistent with the Intent statement of this District.

 

505.06    Prohibited Use 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 all classes of confined or intensive animal feeding uses, as defined in Sections 303.25 and 303.47 of the Resolution and any associated waste handling facility uses, as defined in Section 303.96 of this Resolution.

 

505.07    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 commercial and industrial uses shall be three (3) acres where on-site sewage disposal is proposed, provided that a larger lot may be required if the standards and regulations of Title 124 of the Nebraska Department of Environmental Quality with regard to soil percolation rates, slope, depth to water table or other requirement of said Title 124 requires the use of a lagoon or other type of waste disposal facility, in which case the lot shall be sized to comply with the requirements of said Title 124.

 

2.       The minimum lot area for commercial and industrial uses shall be ten thousand (10,000) square feet where connection to a public or semi-public sewage collection and treatment system is proposed.

 

3.       The minimum lot area for uses identified as conditional uses in this District 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:

 

A.      Any lot on which there is to be an on-site sewage disposal system shall not be less than three (3) acres in area, provided that a larger lot may be required if the standards and regulations of Title 124 of the Nebraska Department of Environmental Quality with regard to soil percolation rates, slope, depth to water table or other requirement of said Title 124 requires the use of a lagoon or other type of waste disposal facility, in which case the lot shall be sized to comply with the requirements of said Title 124.

 

B.      Any lot on which there is to be a public or semi-public sewer utilized to collect, transfer and treat sewage shall not be less than ten thousand (10,000) square feet, and

 

C.      Any lot on which sewage disposal facilities are not needed shall not be less than one (1) acre.

 

505.08    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 utilizing on-site sewage disposal systems

                The minimum lot width shall be one hundred fifty (150) feet, provided that the lot width to lot depth ratio shall not exceed one (1) to four (4).   The minimum lot frontage, including any deeded access or access easement, 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 one hundred fifty (150) feet and a minimum frontage less than fifty (50) feet.

 

2.     For lots utilizing a public or semi-public sewage collection and treatment system

                The minimum lot width shall be seventy five (75) feet, provided that the lot width to lot depth ration shall not exceed one (1) to four (4).  The minimum lot frontage, including any deeded access or access easement, 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 seventy five (75) feet and a minimum frontage less than fifty (50) feet.

3.     For lots on which sewage disposal facilities are not needed

                The minimum lot width shall be one hundred (100) feet, provided that the lot width to lot depth ration shall not exceed one (1) to four (4).  The minimum lot frontage, including any deeded access or access easement, 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 one hundred (100) feet and a minimum frontage less than fifty (50) feet.

 

505.09    Minimum Building Setback Requirements:  The following shall be the minimum setback requirements for uses located within this district:

 

For lots one (1) acre or larger in area:

 

1.       Front Setback  -  Eighty three (83) feet, measured from the centerline of a County Road,

                                          provided that for lots which front on a Federal or State highway the

                                          front setback shall be fifty (50) feet from the right-of-way line of such

                                          highway.

 

2.    Side Setback    -  Twenty (20) feet

 

3.    Rear Setback   -  Twenty (20) feet

 

For lots smaller than one (1) acre in area:

 

1.    Front Setback  -  Fifty eight (58) feet, measured from the centerline of a County Road,

                                             provided that for lots which front on a Federal or State highway the

                                         front setback shall be twenty five (25) feet from the right-of-way line of

                                         such highway.

 

2.    Side Setback    -  Ten (10) feet

 

3.    Rear Setback   -  Twenty (20) feet

 

505.10    Height Limitation:   No limitation, except that the maximum height for any building designed for human habitation shall be forty (40) feet.


SECTION 506    WPO    Wellhead Protection Overlay District

 

506.01   Intent: The intent of this district is to overlay any of the primary zoning districts herein established and described in Sections 501 through 505 of this Resolution in order to assist municipalities and other publicly owned water supply systems, as defined in Title 179, Nebraska Department of Health, Chapter 2, within or adjoining Pawnee County, which may operate water wells in or near the County in providing protection from contamination of such wells through regulation of land uses which have the potential for contamination of the groundwater source(s) from which said wells derive water.  The intent of this district is also to protect existing and future agricultural uses, which are in balance with the natural environment, which are compatible with existing agricultural uses and which will not present unacceptable potential for contamination of the public water supply system wells, from over-regulation by said municipalities or public water supply systems with regard to wellhead protection.

506.02   Prerequisite Requirements For Application of this Overlay District:  Prior to

the application of this overlay district to any lands in Pawnee County, the municipality or publicly owned water supply system, which maintains and operates water supply wells within or adjoining the County for which the wellhead protection areas include lands within Pawnee County, shall make application to the Pawnee County Planning Commission and Pawnee County Board of Commissioners seeking application of this district to specified lands within the County.  Prior to making such application and prior to approval of any application of this overlay district to any lands within the County, the municipality or other publicly owned water supply system making such application shall have first complied with all other requirements of the Wellhead Protection Area Act (Neb. Rev. Stat. 46-1501 through 45-1509 and the additional requirements listed as follows:

 

1.     Delineation of the wellhead protection area(s) based upon a twenty (20) year time of travel recharge zone, as defined by the Nebraska Department of Environmental Quality.

 

2.     Approval of such wellhead protection area(s) by the Nebraska Department of Environmental                                    Quality. (Refer to limitation in Section 506.03 herein.).

 

3.       Completion and mapping of an inventory of potential contamination sources within the                            wellhead protection area(s), including identification of abandoned.

4.       Formulation, adoption and enforcement of land use control regulations for those portions of the wellhead area within the corporate limits and zoning jurisdiction area of the municipality which are appropriated to minimize the potential for contamination to the water supply of the municipality

 

5.       Formulation of emergency / contingency / long-range plans in the event of disruption of the supply of water from wells in the wellhead protection area(s).

 

6.       Formulation and implementation of an on-going public involvement / education program to

permit public comment in the establishment of a wellhead protection program and a plan to provide public information regarding the program and voluntary cooperation with the same.

 

7.    Development of a program to install and maintain Wellhead Protection Area signs on

roadways around the wellhead protection area(s).

 

8.     The municipality or other publicly owned water supply system shall execute an interlocal agreement with Pawnee County for the administration of the regulations within the land areas to be included in this Wellhead Protection Overlay District.  In such agreement, the municipality or other public water supply system shall agree to accept the wellhead protection regulations set forth in this overlay district, agree to pay to the County any fees negotiated between such entity and the County for the administration of these regulations in those land areas under the County’s zoning jurisdiction, agree to pay all legal costs associated with any legal challenge to the requirements of this overlay district, and agree to hold the County harmless from any liability related to the requirements of this district, except for proper administration and enforcement of the requirements of this district by the County, together with other terms and conditions which are acceptable to the parties involved in any such interlocal agreement.

 

506.03    Limitation On Application of this Overlay District:  This district may only be applied

to lands within wellhead protection areas based upon a twenty (20) year time of travel recharge zone, as defined by the Nebraska Department of Environmental Quality.  In the event the boundaries of any such wellhead protection area(s) do not follow easily identifiable boundaries such as roads, rivers, creeks, section, quarter section or quarter-quarter section lines, the boundaries of such areas shall be expanded to, but not beyond, the nearest such lines to avoid confusion and added administrative costs associated with in-the-field determination of such boundaries.

 

506.04   Amendment of Official County Zoning Map:   Whenever the requirements of Section

506.02 of this Resolution have been complied with, and the County Planning Commission and County Board of Commissioners have conducted public hearings regarding application of this overlay zoning district in accordance with Article 11 of this Resolution and the County Board of Commissioners has acted to approve the application of a wellhead protection overlay district, the boundaries of such wellhead protection area (overlay zoning district), defined in accordance with Section 506.03 above, shall be indicated on the Pawnee County, Nebraska Official Zoning Map and such map shall be signed in accordance with the requirements of Section 1104 of this Resolution.

 

506.05   Allowable, Permitted and Accessory Uses and Structures:  Any use or structure

indicated as an allowable use, permitted use or accessory use in the primary zoning district(s) on which this wellhead protection overlay district is overlain, shall be allowed or permitted in accordance with the zoning permit requirements set forth in such primary zoning district(s), except when specifically prohibited in Section 506.07 of this Resolution. All such allowable, permitted and accessory uses shall comply with the additional wellhead protection restrictions set forth in Section 506.08 of this Resolution.

 

506.06   Conditional Uses:  Any use listed as a conditional use in the primary zoning district(s) on

which this wellhead protection overlay district is overlain, except the uses specifically prohibited in Section 506.07 of this Resolution, may be authorized as a conditional use in accordance with the requirements and procedures specified in Article 10 of this Resolution, provided the authorization of any conditional use

 

506.07  Prohibited Uses and Structures:  Uses and structures, which are prohibited in the primary

zoning district(s) on which this district is overlain, shall be prohibited and, regardless of whether prohibited in the primary zoning district(s), the following uses and structures shall be specifically prohibited on any land area on which this wellhead protection overlay district is applied:

 

1.    Confined or intensive animal feeding uses and associated waste handling facility uses,

 

2.     Landfills and refuse recycling centers.

 

506.08   Wellhead Area Protection Requirements:  The following restrictions shall apply to all

uses within any land areas on which this Wellhead Protection Overlay District is applied:

 

1.     Storage of gasoline, diesel fuel, fuel oil or other similar fuels, whether on a farm or ranch or

in association with another land use, shall comply with the rules and regulations of Titles 126 and 159, administered by the Nebraska Department of Environmental Quality or other responsible agency or department.  Storage of gasoline, diesel fuel, fuel oil or other similar fuels, whether on a farm or ranch or other land area, in excess of one thousand one hundred (1,100) gallons shall be prohibited, except when a conditional uses for a commercial or industrial uses is authorized.  In any such authorization, a condition of approval shall be compliance with the rules and regulations of such Titles 126 and 129. 

 

2.     Fuel storage associated with any irrigation engine shall be equipped with a containment area in accordance with the National Fire Protection Association Code 30 and with Title 126, administered by the Nebraska Department of Environmental Quality, in the event of a release.

 

3.     Fuel storage, except when associated with a commercial or industrial use authorized as a

conditional use (Item 1 above) and except for any fuel storage associated with any irrigation well engines (Item 2 above) shall not be permitted within one thousand (1,000) feet of any well protected under this wellhead protection overlay district.

 

4.     Storage of fertilizers, herbicides, pesticides and other materials, determined by the United

States Environmental Protection Agency to be hazardous materials, shall be prohibited, except when a conditional use for such use is authorized and such authorization includes a condition that all such uses shall comply with the applicable rules and regulations of Title 118, 121, 126, 128, 159 and 198, administered by the Nebraska Department of Environmental Quality and other agencies.

 

5.     No septic tank, tile field or other on-site sewage disposal system, associated with any

residential, commercial, industrial or other type of land use, shall be located within one thousand (1,000) feet of any well protected under this wellhead protection overlay district, provided that if an undeveloped lot of record, as defined in Section 303.55 of this Resolution, exists as of the effective date of application of this wellhead protection overlay district, and the entirety of said lot of record lies within the land area on which this wellhead protection overlay district is applied, one septic tank and tile field or other on-site sewage disposal system may be established, provided such tank, tile field or other system complies with the requirements of Title 124 of the Nebraska Department of Environmental Quality.

 

6.     Domestic, irrigation and any other water wells shall not be located closer than one thousand

(1,000) feet of any well protected under this wellhead protection overlay district, provided that if a undeveloped lot of record, as defined in Section 303.55 of this Resolution, exists as of the effective date of application of this wellhead protection overlay district, and the entirety of said lot of record lies within the land area on which this wellhead protection overlay district is applied, one (1) well may be established, provided such well shall be constructed in accordance with the rules and requirements of Title 178. 

 

7.     Any application of fertilizers, pesticides, or herbicides to the land or crops through an

irrigation system (chemigation) shall comply with the rules and requirements of Title 195.

 

8.     If any land area contained within a wellhead protection overlay zoning district is also part of

a special protection area or ground water management area, established under the Groundwater Management Protection Act, all uses within such areas, including agricultural uses, shall comply with the action plan and best management practices established for such areas by the applicable Natural Resource District(s).

 

506.09   Minimum Lot Area Requirements:  The minimum lot area for any lot in this overlay

district shall be as set forth in the primary zoning district(s) on which this district is overlain.

 

506.10   Minimum Lot Area and Frontage Requirements:  The minimum lot width and frontage

for any lot in this overlay district shall be as set forth in the primary zoning district(s) on which this district is overlain.

 

506.11   Minimum Building Setback Requirements:  The minimum setback for all regulated

structures and buildings in this overlay district shall be as set forth in the primary zoning district(s) on which this district is overlain, provided that the minimum setback requirements from protected wells, as set forth in Section 505.08 of this Resolution, shall also be complied with.

506.12  Maximum Height:  The maximum height of any building or structure shall be as set forth in the

primary zoning district on which this district is overlain.

 


SECTION 507    AHO             Airport Hazard Overlay District

 

507.01   Intent:  The intent of this district is that it is to overlay any of the primary zoning districts described in Sections 501 through 504 of this Resolution to protect the safe use of airports in the County by limiting the location and height of structures within the operation, approach, transition and turning zones around the airports which are registered with the Nebraska Department of Aeronautics, as designated on the Official Zoning Map of Pawnee County, Nebraska and detailed on the Pawnee City Municipal Airport Zoning Map (Drawing No. ZN-PC-75) which is attached as an appendix to this Resolution and incorporated by reference in this Resolution.

 

507.02   Hazard Area description: The airport hazard area consists of Operation Zones, Approach Zones, Turning Zones and Transitional Zones.  The outer boundary of the hazard area is composed of a series of connected tangents and simple curves which also constitute the outer boundaries of the Approach and Turning Zones.  The inner boundary of the hazard area is a boundary line consisting of a series of intersecting tangents five hundred (500) feet from and parallel to the centerline of the instrument runway or landing strip and two hundred fifty (250) feet from and parallel to the respective centerlines of all other runways or landing strips and connecting the inner boundaries of adjacent Approach Zones at the ends of the runways, landing strips or proposed runways or landing strips.

 

507.03   ZONE DESCRIPTIONS:

1.       The Operation Zones shall be located along each existing or proposed runway, landing strip or

other portion of the airfield used regularly, or to be used regularly, for the land or taking off of airplanes and shall begin or end at each end of each landing strip and two hundred (200) feet beyond the end of each runway and shall be one thousand (1,000) feet in width for each instrument runway or landing strip and five hundred (500) feet in width for all other runways and landing strips.

 

2.       The Approach Zones shall begin at the ends of their respective Operation Zones and shall extend and expand uniformly centered along the extended centerline of the respective runway or landing strip, to the outer boundary of the Approach Zone at a rate of thirty (30) feet of width for each one hundred (100) feet of horizontal length for the instrument runway or landing strip and twenty (20) feet of width for each one hundred (100) feet of horizontal length for all other runways.

 

The Inner Area of each Approach Zone shall be that portion of the Approach Zone beginning at the end of the respective or proposed Operation Zone and extending to the intersection of the controlling glide angle with a plane one hundred fifty (150) feet above the highest elevation of the end of the respective runway or landing strip.

 

The Outer Area of each Approach Zone shall be the area between the outer limit of the Inner Area of the Approach Zone and the outer limit of the Approach Zone.

 

3.       The Transition Zones shall be the areas bounded by the Operation Zones of the hazard area, the

sides of contiguous inner areas of the Approach Zones and the outer limits of the Transitional Zones;  said outer limits of the Transitional Zones being the intersections, at elevations of one hundred fifty (150) feet above the highest elevation at the ends or edges of the closest runway or landing strip, or proposed runway or landing strip, of a series of contiguous planes originating from bases established by the Operation Zones of the hazard area and the edges of adjacent inner areas of Approach Zones;  said planes rising from their respective bases along lines perpendicular to the centerline of the runway or landing strip at the rate of one (1) foot vertically to seven (7) feet horizontally to the lines of intersection previously referred to.

 

4.       The Turning Zones shall comprise all portions of the hazard area not contained in the Operation

Zones, Approach Zones and in the Transitional Zones.  The outer limits of the Turning Zones shall be a series of points forming a line which is the horizontal distance of three (3) statute miles from the nearest points along the airport boundary lines.

 

507.03     Allowable, Permitted and Accessory Uses and Structures:  Any use or structure indicated as an allowable, permitted or an accessory use in the primary zoning districts on which this airport hazard district of overlain, shall be allowed or permitted in accordance with the requirements of the primary zoning district, provided all buildings, structures and other obstacles comply with the height restrictions set forth in Section 507.10 below.

 

507.04     Conditional Uses:  Any use listed as a conditional use in the primary zoning districts on which this airport hazard district is overlain may be authorized as a conditional use by the County Board of Commissioners in accordance with the requirements and procedures set forth in this Resolution, provided all building, structures and other obstacles comply with the height restrictions set forth in Section 507.10 below.

 

507/06   Prohibited Uses and Structures:  Uses and structures which are listed as prohibited uses in the primary zoning districts on which this airport hazard district is overlain, shall be prohibited.

 

507.07   Minimum Lot Area Requirements:  The minimum lot area shall be as set forth in each primary zoning district on which this airport hazard district is overlain.

 

507.08   Minimum Lot Width and Frontage:  The minimum lot width and frontage shall be as set forth in each primary zoning district on which this airport hazard district is overlain.

 

507.09  Minimum Setback Requirements:  The minimum setback requirements shall be a set forth in each of the primary zoning district on which this airport hazard district is overlain.

 

507.10   Height Restrictions:  No building, transmission line, communication line, pole, tree, smokestack, chimney, wires, tower or other structure or appurtenance thereto of any kind or character shall hereafter be erected, constructed, repaired or established, nor shall any tree or other object of natural growth be allowed to grow:

 

1.       In Inner Areas of Approach Zones to a height above the elevation of the nearest point on the end or proposed end of said instrument runway or landing strip in excess of one-fiftieth (1/50), and all other runways or landing strips in excess of one-fortieth (1/40) of the distance from the end of the Approach Zone (the end nearest the runway or landing strip) to said structure or object.

 

2.       In the Outer Area of the Approach Zones and in Turning Zones to a height in excess of one hundred fifty (150) feet above the elevation at the end or proposed end of the nearest runway or landing strip.

 

3.       In the Transition Zones to a height above the planes forming the transition slopes; and

 

4.       In the existing or proposed Operation Zones to a height above the existing or proposed finished grade of said runways or landing strips or surface of the ground.

 

507.11   Non-conforming Uses and Structures:

Within the zoned airport hazard area as hereinbefore defined, no non-conforming building, transmission line, communication line, pole, tree, smokestack, chimney, wires, tower or other structure or appurtenance thereto of any kind or character or object of natural growth shall hereafter be replaced, substantially reconstructed, repaired, altered, replanted or allowed to grow, as the case may be, to a height which constitutes a greater hazard to air navigation than existed before these regulations where adopted;  nor above the heights permitted by these regulations if such structures or objects of natural growth have been torn down, destroyed, have deteriorated or decayed to an extent of eighty (80) percent or more of their original condition, or abandoned for a period of twelve (12) consecutive months or more.  Transmission lines and communication lines as referred to in these regulations shall be interpreted to mean all poles, wires, guys and all other equipment necessary for the operation and maintenance of same within the airport hazard zone.

 

507.12   Marking of Non-conforming Uses:  Whenever the Zoning Administrator shall determine, or shall be notified by the Joint Airport Zoning Board or the Nebraska Department of Aeronautics, that a specific non-conforming structure or object exists and has existed prior to the passage of these regulations and within the airport hazard zoned area herein before described at such a height or in such a position as to constitute a hazard to the safe operation of aircraft landing at or taking off from said airport, the owner or owners and the lessor or lessors of the premises on which such structure or object is located shall be notified in writing by the Zoning Administrator and shall, within a reasonable time, permit the marking thereof by suitable lights or other signals designated by the Zoning Administrator as is based on recommendations of the Nebraska Department of Aeronautics.  The cost of such marking shall not be assessed against the owner or lesser of said premise. 

 

507.13   Conflicts:  In the event of any conflict between these airport hazard regulations and any other regulations established by this or other ordinances, whether the conflict be with respect to the height of structures or trees, the use of land or any other matter, the more stringent or restrictive limitation shall govern and prevail.

 

 


SECTION 508      FHO     FLOOD HAZARD OVERLAY DISTRICT 

 

508.01     Intent:  Pursuant to Sections 31-1001 to 31-1022 R.R.S. 1943, the Board of Commissioners of Pawnee County, Nebraska are assigned the responsibility to adopt and enforce floodplain management regulations to protect the public health, safety and general welfare and the Board of Commissioners of Pawnee County do hereby adopt, as part of the zoning regulations for Pawnee County, Nebraska the following regulations:

 

1.     FINDINGS OF FACT:  

 

A.    FLOOD LOSSES RESULTING FOR PERIODIC INUNDATION: The flood hazard areas of Pawnee County, Nebraska are subject to inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base all of which adversely affect the public health, safety and general welfare.

 

B.    GENERAL CAUSES OF FLOOD LOSSES:  These flood losses are caused by:  (1) The cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and (2) The occupancy of flood hazard areas by uses vulnerable to floods or hazardous to others, which are inadequately elevated or otherwise unprotected from flood damages.

 

2.     STATEMENT OF PURPOSE:  It is the purpose of this Resolution to promote the public health, safety and general welfare and to minimize those losses described in Section 507.01, Subsection A above by applying the provisions of this Resolution to:

 

A.      Restrict or prohibit uses which are dangerous to health, safety or property in times of flooding or cause undue increases in flood heights or velocities.

 

B.    Require that uses vulnerable to floods, including public facilities which serve such uses, be provided with flood protection at the time of initial construction.

 

C.      Protect individuals from buying lands which are unsuited for intended purposes because of flood hazards.

 

D.      Assure that eligibility is maintained for property owners in the areas of the County under the jurisdiction of this Resolution to purchase flood insurance in the National Flood Insurance Program.

 

508.02   LOCAL ADMINISTRATOR RESPONSIBILITIES:  The Pawnee County Zoning Administrator is hereby assigned these added responsibilities and is authorized and directed to enforce all of the provisions of these flood hazard regulations and all other Resolutions of the County Board of Commissioners now in force or hereafter adopted, related to zoning, subdivision regulation or building codes.  The Zoning Administrator shall be appointed to these additional responsibilities by adoption of this Resolution and his/her appointment shall continue during good behavior and satisfactory service.  During temporary absence or disability of the Zoning Administrator, the Board of Commissioners shall designate an acting administrator to administer these regulations.

 

508.03   DESIGNATION OF CURRENT FLOOD HAZARD BOUNDARY MAP (FHBM) / FLOOD HAZARD RATE MAP (FIRM):  Until a Flood Hazard Boundary Map / Flood Insurance Rate Map has been published, any zoning permit shall not be issued except in compliance with these flood hazard regulations.  In determining the flood hazard areas, information available from the applicable natural resources district and the Nebraska Department of Natural Resources shall be utilized. When such Flood Hazard Boundary Map / Flood Insurance Rate Map have been published, such maps shall automatically be designated as the official maps to be used in determining areas of flood hazard.

 

508.04   Permits Required:   No person, firm or corporation shall initiate any floodplain development or substantial improvement or cause the same to be done without first obtaining a zoning permit or certificate of zoning compliance for development as defined in this Resolution .

1.       Within flood hazard areas, zoning permits are required for all new construction, substantial improvements and other developments, including the placement of any farm building or manufactured home.

 

2.       APPLICATION:   To obtain a zoning permit, the applicant shall first file an application therefore in writing on a form furnished by Pawnee County, Nebraska.  Every such application shall:

 

A.      Identify and describe the development to be covered by the floodplain development permit for which application is made.

 

B.      Describe the land on which the proposed development is to be done by lot, block, tract, house and street number or similar description which will readily identify and definitely locate the proposed building or development.

 

C.      Indicate the use or occupancy for which the proposed development is intended.

 

D.      Be accompanied by plans and specifications for the proposed construction.

 

E.       Be signed by the permittee or his/here authorized agent who may be required to submit evidence to indicate such authority.

 

F.       Within designated floodplain areas, be accompanied by elevations of the lowest floor, including basement, or in the case of floodproofed non-residential structures, the elevation to which it shall be floodproofed.  Documentation or certification of such elevations will be maintained by the Zoning Administrator.

 

G.      Give such other information as reasonably may be required by the Zoning Administrator (i.e., require a written statement from the applicant that they are aware that elevating or floodproofing structures above minimum levels will result in premium reduction for flood insurance, especially in the case of non-residential floodproofing when a minus one (1) foot penalty is assessed at the time of rating the structure for the policy premium.)

 

508.05   Zoning Permit Application Review:         The Zoning Administrator shall review all zoning permits / certificates of zoning compliance applications to determine if the site of the proposed development is reasonably safe from flooding and that all necessary permits have been received as required by Federal or State Law.  In reviewing all applications for new construction, substantial improvements, prefabricated buildings, placement of manufactured homes and other developments as defined in Section 508.17 of this Resolution in flood hazard areas, the Zoning Administrator shall:

 

1.     Obtain, review and reasonably utilize, if available, any regulatory flood elevation data and floodway data available from Federal, State, or other sources, until such other data is provided by the Federal Insurance Administration in a Flood Insurance Study, and require within flood hazard areas that the following performance standards be met:

 

A.      Until a floodway is designated, no development or substantial improvement may be permitted within the identified floodplain unless the applicant has demonstrated that the proposed development or substantial improvement, when combined with all other existing and reasonably anticipated developments or substantial improvements, will not increase the water surface elevation of the 100 year flood more than one (1) foot at any location.

 

B.      New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated at least one (1) foot above the base flood elevation.

 

C.      New construction or substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated at least one (1) foot above the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below such a level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of bouyancy.  A registered professional engineer or architect shall certify that the standards of this subsection are satisfied.  Such certification shall be provided to the Zoning Administrator.

 

D.      New construction or substantial improvements of any type shall be such that fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters.  Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:  A minimum of two openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided.  The bottom of all openings shall be no higher than one (1) foot above grade.  Openings may be equipped with screens, louvers, or other coverings or devices, provided that such devices permit the automatic entry and exit of floodwaters.

 

E.    Appurtenant Structures:  Appurtenant structures used exclusively for storage of motor vehicles and storage of other items readily removable in the event of a flood warning may have their lowest elevation below one (1) foot above the base flood elevation, provided the structure is capable of withstanding hydrostatic and hydrodynamic forces caused by the base flood and provided that no utilities are installed in the structure except for elevated or floodproofed electrical fixtures.  If the structure is converted to another use, it must be brought into full compliance with the minimum standards governing such use.

 

2.     Require the use of construction materials that are resistant to flood damage.

 

3.     Require the use of construction methods and practices that will minimize flood damage. 

 

4.     Require that new structures be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of bouyancy.

 

5.     New structures be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

 

6.     Assure that all manufactured homes shall be anchored to resist flotation, collapse, or lateral movement.  Manufactured homes must be anchored in accordance with State Laws, local building codes, Manufacturers specifications and Federal Emergency Management Agency guidelines.  In the event that over-the-top frame ties to ground anchors are used, the following specific requirements (or their equivalent) shall be met:

 

A.    Over-the-top ties be provided at each of the four (4) corners of the manufactured home with two (2) additional ties per side at the intermediate locations and manufactured homes less than fifty (50) feet long requiring one (1) additional tie per side.

 

B.      Frame ties be provided at each corner of the home with five (5) additional ties per side at intermediate points and manufactured homes less than fifty (50) feet long requiring one (1) additional tie per side.

 

C.      All components of the anchoring system shall be capable of carrying a force of four thousand eight hundred (4,800) pounds.

 

D.      Any additions to manufactured homes shall be similarly anchored.

 

7.     Assure that all manufactured homes that are placed or substantially improved within a flood hazard areas on sites:

 

A.    Outside of a manufactured home park or subdivision,

 

B.    In a new manufactured home park or subdivision,

 

C.    In an expansion to an existing manufactured home park or subdivision, or

 

D.    In an existing manufactured home park or subdivision on which a manufactured home has incurred “substantial damage” as the result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated at least one (1) foot above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of Section 508.05, Subsection 1, Paragraph 6 above.

 

8.     Assure that manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within a flood hazard areas that are not subject to the provisions of Section 6, immediately above, be elevated so that either:

 

A.    The lowest floor of the manufactured home is at least one (1) foot above the base flood elevation, or

 

B.    The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty six (36) inches in height above grade and be securely anchored to an adequately anchored foundation system in accordance with the provisions of Section 6, immediately above. 

 

9.     Require that recreational vehicles placed on sites within the identified flood hazard areas either (1) be on the site for fewer than one hundred eighty (180) consecutive days, (2) be fully licensed and ready for highway use, or (3) meet the permit requirements and the elevation and anchoring requirements for manufactured homes of this Resolution.  A recreational vehicle is ready for highway use if it is on wheels or jacking system is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.

 

508.06   Subdivision Review:  The Pawnee County Board of Commissioners, upon notification of the Zoning Administrator that a subdivision of land in a flood hazard area is proposed, shall review the plans of any proposed subdivision of land where all or a portion of such land is located in a flood hazard area and shall make findings of fact that:

 

1.     All proposed developments are consistent with the need to minimize flood damage.

 

2.     Subdivision information include regulatory flood elevation data.

 

3.     Adequate drainage is provided so as to reduce exposure to flood hazards.

 

4.     All public utilities and facilities are located so as to minimize or eliminate flood damage.

 

In its review of such subdivisions, the Board of Commissioners may require modifications to the subdivision design to minimize flood hazards and assure that all developments within the subdivision comply with these flood hazard regulations.

 

508.07   Water and Sewage System:   New and replacement water and sewage systems shall          be constructed to eliminate or minimize infiltration by, or discharge into floodwaters.  Moreover, on-site waste disposal systems shall be designed to avoid impairment or contamination during flooding.                            

 

508.08   Storage of Material and Equipment:  The storage or processing of materials that are, in time of flooding, bouyant, flammable, explosive, or could be injurious to human, animal or plant life is prohibited.  Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning.

 

508.09   Flood Carrying Capacity within any Watercourse:   The Board of Commissioners of Pawnee County, shall ensure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.  The County Board of Commissioners shall notify, in riverine situations, adjacent communities and the Nebraska Natural Resources Commission, prior to any alteration or relocation of a watercourse, and submit copies of such notifications to the Federal Emergency Management Agency.  Moreover, the Board of Commissioners shall work with appropriate State and Federal agencies in every way possible in complying with the National Flood Insurance Program in accordance with the National Disaster Protection Act of 1973.

 

508.10     Variances: 

 

1.     PROCEDURES:  The Pawnee County Board of Adjustment, as established by the Pawnee County Board of Commissioners shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determinations made by the Zoning Administrator in the enforcement of these flood hazard regulations and requests for variances from the requirements of these flood hazard regulations.  Any person aggrieved by the decision of the Board of Adjustment or any taxpayer may appeal such decision to the District Court as provided in Section 23-168 and 19-909 and 19-910 R.R.S., 1943.

 

2.     REQUIRMENT FOR WRITTEN APPLICATION:  A variance from the terms of this Section 507 shall not be granted by the Board of Adjustment unless and until a written application for a variance is submitted to the Zoning Administrator on an application form prescribed by the Board of Adjustment and payment of an applicable fee.

 

3.     CONDITIONS FOR A VARIANCE: Variances shall only be authorized upon:

 

A.    Generally, a variance may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size which is contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing Subsections B through E immediately below have been fully considered.  As the lot size increases beyond one-half  (1/2) acre, the technical justification required for authorizing a variance shall be increased.

 

B.    Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

 

C.    Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

 

D.    Variances shall only be issued upon:

 

1)       undue hardship.a showing of good and sufficient cause;

 

2)       a determination that failure to authorize a variance would result in exceptional hardship to the applicant

 

3)       a determination that authorizing a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with other applicable laws or resolutions / ordinances;

 

 

4)       The applicant shall be given written notice over the signature of the County Highway Superintendent / Zoning Administrator that:

 

a).   the authorization of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage, and

 

b.)      such construction below the base flood level increases risks to life and property. 

 

A copy of such signed notification shall be maintained with the record of all such variances, as required by this Resolution.

 

E.    In authorizing any variance to these flood hazard regulations, the Board of Adjustment shall consider all technical data and all relevant factors, including:

 

1)    the danger that materials may be swept onto other lands to the injury of others;

 

2)    the danger to life and property due to flooding or erosion damage;

 

3)       the susceptibility of any proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

 

4)       the importance of services provided by the proposed facility to the County;

 

5)       the necessity to any facility of a waterfront location, where applicable;

 

6)       the availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

 

7)       the compatibility of the proposed use with existing and anticipated development;

 

8)       the relationship of the proposed use to the Comprehensive Plan;

 

9)       the safety of access to the property in times of flood for ordinary and emergency vehicles;

 

10)   the expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site, and

 

11)   the costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sanitary sewers, gas, electrical and water systems and road and bridges.

 

4.    SPECIAL REQUIRMENTS FOR VARIANCE RELATING TO AGRICULTURAL STRUCTURES:  Any variance granted for an agricultural structure shall be decided individually, based on a case by case analysis of the building's unique circumstances. In order to minimize flood damages during a 100 year flood and the threat to public health and safety, the following conditions shall be included for any variance issued for agricultural structures that are constructed at grade and wet-floodproofed.  Variances granted for any agricultural structure shall meet the following criteria, as well as those criteria and conditions set forth in this Section 507.10, Subsection 3 above:

 

A.    All agricultural structures considered for a variance from these floodplain management

regulations shall demonstrate that the varied structure is located in wide, expansive floodplain areas and no other alternative location outside of the special flood hazard area exists for such structure.  Residential structures, such as farm houses, cannot be considered agricultural structures.

 

B.      Use the varied structure(s) shall be limited to agricultural purposes only in Zone A only, as identified on the Flood Insurance Rate Map (FIRM)

C.      For any new or substantially damaged agricultural structure(s), the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring etc.) below the base flood elevation, shall be built with flood-resistant materials in accordance with this Section 508.05 of this Resolution.

 

D.      The agricultural structure(s) must be adequately anchored to prevent floatation, collapse, or lateral movement of the structure(s) in accordance with the Section 508.05 of this Resolution.  All of the buildings structural components shall be capable of resisting specific flood-related forces including hydrostatic, buoyancy and hydrodynamic and debris impact forces.

 

E.       Any mechanical, electrical, or other utility equipment shall be located above the base flood elevation or floodproofed so that they are contained within a watertight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with the requirements of this Resolution.

 

F.       The agricultural structure(s) shall meet all National Flood Insurance Program (NFIP) opening requirements.  The NFIP requires that enclosure or foundation walls, subject to a 100 year flood, contain openings that will permit the automatic entry and exit of floodwaters in accordance with Section 508.05 of this Resolution.

 

G.      The agricultural structure(s) shall comply with the floodplain management floodway encroachment provisions of Section 507.05 of this Resolution.  No variance may be issued for agricultural structure(s) within any designated floodway, if any increase in flood levels would result during a 100 year flood.

 

H.      Major equipment, machinery or other contents must be protected from any flood damage.

 

I.        No disaster relief assistance under any program administered by any Federal agency shall be paid for any repair or restoration costs of the agricultural structure(s).

 

J.        The County shall notify the applicant for any variance, in writing over the signature of the Zoning Administrator that

 

1)    The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage and

 

2)    Such construction below the base flood level increases risk to life and property.

 

Such notification shall be maintained with the record of all variance actions as required by this Resolution.

 

K.    Wet-floodproofing construction techniques shall be reviewed and approved by the County and a registered professional engineer or architect prior to the issuance of any zoning permit for construction.

 

5.     SPECIAL REQUIREMENTS FOR VARIANCE RELATING TO ACCESSORY STRUCTURES; Any variance granted for an accessory structure shall be decided individually, based on a case by case analysis of the structure's unique circumstances. In order to minimize flood damages during a 100 year flood and the threat to public health and safety, the following conditions shall be included for any variance issued for an accessory structure that is constructed at grade and wet-floodproofed.  Variances granted for any accessory structure shall meet the following criteria, as well as those criteria and conditions set forth in this Section 508.10, Subsection 3 above:

 

A.    Use of the accessory structures shall be solely for parking and limited storage purposes in Zone A only, as identified on the Flood Insurance Rate Map(s) (FIRM).

 

B.    For any new or substantially damaged accessory structure, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring etc.) below the base flood elevation, must be built with flood-resistant materials in accordance with Section 508.05 of this Resolution.

 

C.    The accessory structure(s) must be adequately anchored to prevent floatation, collapse, or lateral movement of the structure(s) in accordance with Section 508.05 of this Resolution.  All structural components shall be capable of resisting specific flood-related forces including hydrostatic, buoyancy and hydrodynamic and debris impact forces.

 

D.    Any mechanical, electrical, or other utility equipment shall be located above the base flood elevation or floodproofed so that they are contained within a watertight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with Section 508.05 of this Resolution.

 

E.    The accessory structure(s) must meet all National Flood Insurance Program (NFIP) opening requirements.  The NFIP requires that enclosure or foundation walls, subject to a 100 year flood, contain openings that will permit the automatic entry and exit of floodwaters in accordance with Section 508.05 of this Resolution.

 

F.     The accessory structure(s) must comply with the floodplain management floodway encroachment provisions of Section 508.05 of this Resolution.  No variance may be issued for agricultural structure(s) within any designated floodway, if any increase in flood levels would result during a 100 year flood.

 

G.    Major equipment, machinery or other contents must be protected from any flood damage.

 

H.    No disaster relief assistance under any program administered by any Federal agency shall be paid for any repair or restoration costs of the agricultural structure(s).

 

I.     The County shall notify the applicant in writing over the signature of the Zoning

Administrator that:

 

1)    The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty five dollars ($25.000 for one hundred dollars ($100.00) of insurance coverage and

 

2)       Such construction below the base flood level increases risk to life and property.

 

Such notification shall be maintained with the record of all variance actions as required by this Resolution.

 

J.     Wet-floodproofing construction techniques shall be reviewed and approved by the a registered professional engineer or architect prior to the issuance of any zoning permit for construction.

 

508.11   Non-Conforming Uses:  A structure or the use of a structure or premises which was lawful before the effective date of these Flood Hazard Regulations, but which is not in conformity with the provisions of this Section 508 of this Resolution, may continue subject to the following conditions:

 

1.     If such use is discontinued for twelve (12) consecutive months, any future use of the building or premises shall conform to the requirements of this Section.  Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as a non-conforming use.

 

2.     If any non-conforming use or structure is destroyed by any means, including flood, it shall not be reconstructed or re-established if the cost of such reconstruction or re-establishment is greater than fifty one percent (51%) of the replacement cost of the structure before the damage occurred.  This limitation does not include the cost of any alteration to comply with existing state or local health, sanitary, building or safety codes or regulations of the cost of any alteration of a structure listed on the National Register of Historic Places or on the Nebraska Inventory of Historic Places.

 

508.12     Penalties for Violation:  Penalties for violations of the requirements of this Section 508 shall be as set forth in Section 1202 of this Resolution.

 

508.13     Abrogations and Greater Restrictions:  It is not intended by this Section to repeal, abrogate or impair any existing easements, covenants or deed restrictions.  However, where this Section imposes greater restrictions, the provisions of this Section shall prevail.  All other resolutions inconsistent with this Section are hereby repealed to the extent of inconsistency only.

 

508.14     Interpretation:  In their interpretation and application, the flood hazard provisions of the Resolution shall be held to be minimum requirements and shall be construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by Nebraska Statutes.

 

508.15     Warning and Disclaimer of Liability:  The degree of flood protection required by this Resolution is considered reasonable for regulatory purposes and is based upon engineering and scientific methods of study.  Larger floods may occur on rare occasions or the flood height may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris.  This Resolution does not imply that areas outside floodplain boundaries or land use permitted within floodplain areas will be free from flooding or flood damage.  This Resolution shall not create liability on the part of Pawnee County, Nebraska or any officer or employee thereof for any flood damages that may result from reliance on this Resolution or any administrative decision lawfully made thereunder.

 

508.16     Conflicting Regulations:  This Section, Section 507, of this Resolution shall take precedence over conflicting resolutions or parts thereof.  The Pawnee County, Nebraska Board of Commissioners may from time to time, amend this Resolution to reflect any and all changes in the National Flood Disaster Protection Act of 1973.  The regulations of this Section 507 are in compliance with the National Flood Insurance Program Regulations as published in Title 44 of the Code of Federal Regulations and the 1983 Nebraska Floodplain Management Act.

 

508.17     Flood Hazard Definitions: 

The following definitions shall apply to this Section, Section 508 of this Resolution, and are in addition to those definitions set for in Section 303 of this Resolution.  Where there is a conflict with the definitions set forth in Section 303, the definitions of this Section shall govern.

 

1.       Accessory Structure:  A structure used solely for parking and limited storage space, not attached to

any other structure on the site, of limited investment value, not larger than four hundred (400) square feet, not used for human habitation or occupancy, and is of single-wall design.

 

2.       Agricultural Commodities:  Agricultural products and livestock,

 

3.       Agricultural Structures:  Structures used solely for agricultural purposes in connection with

                        production, harvesting, storage, drying, or raising of agricultural commodities,

 

4.       Base Flood:  A flood having a one (1) percent chance of being equaled or exceeded in any given year.

 

5.       Basement:  Any area of a building having its floor subgrade below ground level on all sides,

 

6.       Development:  Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials,

 

7.       Existing Manufactured Home Park or Subdivision:  A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is complete before the effective date of these floodplain management regulations,

 

8.       Expansion of Existing Manufactured Home Park or Subdivision:  The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads),

 

9.       Flood:  A general or temporary condition of parcel or complete inundation of normally dry land areas from;  1) the overflow of inland or tidal waters or 2) the unusual and rapid accumulation of runoff or surface waters from any source,

 

10.    Flood Insurance Rate Map (FIRM):  An official map of the County on which the Administrator has delineated both the special flood hazard areas and the risk premium applicable to the County,

 

11.    Floodplain:  Any land area susceptible to being inundated by water from any source (see Item I above),

 

12.    Floodproofing:  Any combination of structural and non-structural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents,

 

13.    Floodway:  The channel of the river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height,

 

14.    Historic Structure:  Any structure that is;  1) listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register, 2) certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary of the Interior to qualify as registered historic district,  3) individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior, or 4) individually listed on a local inventory of historic places in communities / counties with historic preservation programs that have been certified either by an approved state program, as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs,

 

15.    Lowest Floor:  The lowest floor of the lowest enclosed area (including basement).  An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this  Resolution,

 

16.    Manufacture Home:  A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities.  The term "manufactured home" does not include a "recreational vehicle",

 

17.    Manufactured Home Park or Subdivision:  A parcel (or contiguous parcels) of land divided into tow or more manufactured home lots for rent or sale,

 

18.    New Construction:  For floodplain management purposes, "new construction" shall mean structures for which the "start of construction" commenced on or after the effective date of these floodplain management regulations adopted by the County and shall include any subsequent improvements to such structures,

 

 

19.    New Manufactured Home Park or Subdivision:  A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of these floodplain management regulations adopted by the County,

 

20.    100 Year Flood:  The condition of flooding having a one (1) percent chance or annual occurrence,

 

21.    Principally Above Ground:  At least fifty-one (51) percent of the actual cash value of the structure is above ground,

 

22.    Recreational Vehicle:  A vehicle which;  1) is built on a single chassis,  2) contains four hundred (400) square feet or less when measured at the largest horizontal projection,  3) is designed to be self-propelled or permanently towable by a light duty truck, and 4) is designed primarily not for use as a permanent dwelling, but as a temporary living quarters for recreational, camping, travel, or seasonal use,

 

23.    Regulatory Flood Elevation:  The water surface elevation of the 100 year flood,

 

24.    Special Flood Hazard Area:  The land in the floodplain with a city subject to a one (1) percent or greater chance of flooding in any given year.

 

25.    Start of Construction:  Including substantial improvement and shall mean the date the zoning permit is issued, provided the actual construction, repair, reconstruction, rehabilitation, addition, placement or other improvement occurs within one hundred eighty (180) days of such permit issuance.  The actual start means the first placement or permanent construction of a structure on the site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation.  Permanent construction shall not include land preparation, such as clearing and filling, nor shall it include the installation of streets and/or other walkways, nor shall it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms, nor shall it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.  For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not the alteration affects the external dimensions of the building,

 

26.    Structure:  A walled and roofed building that is principally above ground, as well as a manufactured home, and a gas or liquid storage tank that is principally above ground.

 

27.    Substantial Damage:  Damage of any origin sustained by a structure whereby the cost of restoring the structure to it before-damage condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred,

 

28.    Substantial Improvement:  Any reconstruction, rehabilitation, addition, or other improvement of structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before "start of construction" of the improvement.  This shall include structures which have incurred "substantial damage" regardless of the actual repair work performed.  The term shall not, however, include either 1) any project for improvement of a structure to correct existing violations of state or local health, safety, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or 2) any alteration of a "historic place", provided that the alteration shall not preclude the structure's continued designation as a "historic structure",

 

29.    Variance:  A grant of relief to a person from the terms of this floodplain management regulation,

 

30.    Violation:  The failure of a structure or other development to be fully compliant with these floodplain management regulations.

Article 6       Supplemental District Regulations

 

Section 601     Application:  The supplemental regulations set forth in this Article qualify and supplement all zoning district regulations and are declared to be part of this Resolution and applicable to all uses and structures in all zoning districts.

 

Section 602     Setback Requirements:  Minimum building setbacks shall be required along all public roadways as set forth in the district regulations.  An open space abutting a roadway shall be deemed a front setback for purposes of determining setback depth requirements. Setbacks equal to or exceeding the minimum setback requirements of each district shall be provided with the following qualifications:

 

1.     Any setback so placed or oriented that none of the specific setback definitions contained in

this Resolution are applicable shall necessitate a determination by the Zoning Administrator of a suitable setback dimension which will be consistent with the intent of the setback requirements within the applicable zoning district.

 

2.     No structure shall project into a required front, side or rear setback.  All parts of a structure

shall be in compliance with the required setbacks including any eave, cornice, overhang, awning, balcony, or bay window, projection of belt courses, sills, lintels, chimneys and other similar ornamental or architectural features, but excluding unenclosed, uncovered steps, entrance platforms, ramps, terraces or landings which are at or below grade level.

 

Section 603     Setback Exceptions:   Such appurtenant features as sidewalks, walkways, driveways, curbs, drainage and erosion control installations, mail boxes, lamp posts, bird baths, and similar installations are permitted accessory uses on any lot.

 

Section 604     Fences and Walls:  Nothing in this Resolution shall be deemed to prohibit the erection and

maintenance of any fence in connection with agricultural uses or any retaining wall in association with any use in any zoning district and any ornamental fence, wall or structural screen fence shall be permitted in any yard.  Nothing in this Resolution shall be deemed to prohibit the installation of living screens consisting of trees, shrubs or other plant material. 

 

Section 605     Division of Lots and Parcels:   After any portion of a lot has been developed under the provisions of this Resolution, such lot may be divided into smaller lots only if each resulting lot and any buildings thereon comply in all respects to all regulations of the zoning district in which said lot is located.

 

Section 606     Conversions of Use:  Any use of land which is converted to another use shall comply in all

respects with the requirements of this Resolution.

 

Section 607     Accessory Uses:   Accessory uses shall be permitted as specified in all zoning districts in accordance with the following provisions:

 

1.    Any accessory use shall be incidental to, subordinate to and commonly associated with the

                        primary use of the lot.

 

2.    Any accessory use shall be operated and maintained under the same ownership and control

and on the same lot as the primary use of the lot.

 

3.       Any accessory use shall be clearly subordinate to the primary use of the lot in height, area,

bulk and extent.

 

4.       Any accessory use shall be permitted only after the erection and operation of a primary use of

the lot.

Section 608     Home Occupations and Home Based Businesses:   A home occupation, in compliance with the following restrictions, shall be permitted to accompany residential (agricultural or non-agricultural) use by the granting of a certificate of zoning compliance:

 

1.     The home occupation shall be owned by the occupants of the dwelling unit or accessory

building and conducted within the dwelling unit or accessory building by a member or members of the occupants of the dwelling unit and not more than three (3) additional employees who reside other than in said dwelling unit.

 

2.     The home occupation is clearly subordinate to the residential / agricultural use of the lot

and does not change the residential / agricultural character of the lot nor infringe upon the right of neighboring owners to enjoy their property.

 

3.     Any business or industrial use not meeting these limitations shall be considered a

commercial or industrial use and shall be subject to conditional use authorization in accordance with the requirements of this Resolution.

 

Section 609     Shelterbelts and Windbreaks:  Shelterbelts and windbreaks, when oriented within ten (10)                                        degrees of parallel to a county roadway or state or federal highway, shall be located a minimum of                               eighty three (83) feet from the centerline of the county roadway or fifty (50) feet from the right-of-                                               way line of any state or federal highway, whichever is applicable.  Shelterbelts and windbreaks,                                      when oriented more than ten (10) degrees of parallel to any roadway or highway, shall be not be                                              regulated with regard to setback.

 

Section 610     Waste Lagoons, Recovery and Re-Use Pits:  Waste lagoons, recovery and re-use pits hall located not less than sixty three (63) feet from the centerline of any county roadway or less than thirty (30) feet from the right-of-way line of any state or federal highway.

 

Section 611     Irrigation Wells, Pivot Irrigation Systems and Associated Facilities: 

Irrigation wells, center pivots pads, well houses, fuel tanks and other irrigation facilities and structures shall comply with the following conditions and restrictions:

 

The closest point of any irrigation well, well house, fuel tank or pivot pad shall be located at least    ten (10) feet to any road right-of-way line, except:

 

1.     At the intersection of any public roadways, the closest points of any such irrigation wells and related well houses, fuel tanks and pivot pads shall not be located in the triangular area formed by the intersection of the roadway rights-of-way lines nearest the property in question and a line connecting points forty two and one-half (42.5) feet from the intersection of said right-of-way lines, or

 

2.     Within one hundred (100) feet of any bridge, culvert or other drainage structure under a public roadway, measured from the outermost points of such bridge, culvert of other drainage structure parallel to such roadway, the nearest points of any such irrigation wells and related well houses, fuel tanks and pivot pads shall not be located closer than thirty (30) feet from the right-of-way line of such roadway.

 

3.     All pivots which could pivot onto any public roadway shall be equipped with a constructed pivot stop located so that the wheels of any pivot come no closer than one (1) foot to the right-way line of any public roadway.

 

4.     No pivot shall extend over any public road right-of-way line or any property line.


Article 7       Non-Conforming Uses

 

Section 701     Intent:  Within the zoning districts established by this Resolution or future amendments to such districts, there exist 1) lots, 2) buildings or structures, 3) uses of land and buildings or structures, and 4) characteristics of use which were lawful prior to the adoption or future amendment of this Resolution, but which would be prohibited, regulated or restricted under the terms of this Resolution or future amendment.  It is the intent of this Resolution to permit these non-conformities to continue until they are discontinued, but not to encourage their survival.  It is further the intent of this Resolution that, with the exception of existing residential structures, non-conformities shall not be enlarged, expanded or extended, nor be used as grounds for adding other buildings, structures or uses prohibited in the zoning district in which such non-conformities are located, except as specifically authorized in this Resolution.

 

Section 702     Limitations On Expansion:  Non-conforming buildings, structures and uses are declared by this Resolution to be incompatible with the intent of the zoning districts and the permitted uses in the zoning districts.  A non-conforming use of a building or structure, a non-conforming use of land, or a non-conforming use of a building or structure and land in combination, except existing residential structures, shall not be extended or enlarged after adoption of this Resolution or amendment thereto, except as specifically authorized in this Resolution.

 

Section 703     Hardship:  To avoid any undue hardship, nothing in this Resolution shall be deemed to require

a change in the plans, construction or designated use of any building or structure for which actual construction has been lawfully initiated in good faith prior to the effective date of the Resolution or amendment thereto where actual construction activity has been carried on diligently.  Actual construction is defined to be the placing of substantial construction materials, other than earth, in a permanent position and fastened in a permanent manner.  “Carried on diligently” shall be defined to mean that construction has been on-going except through the winter months, defined as being November 1 through April 1 of the following year.

 

Section 704     Exceptions:  Notwithstanding other requirements of this Section, a lawfully established

residential use rendered non-conforming by adoption of this Resolution or amendment thereto, may be enlarged, altered, or reconstructed, subject to the following restrictions:

 

1.     Such residential use shall comply with Section 705 of this Resolution.

 

2.     This provision shall not be construed to include more than one use on a lot and shall be

applicable so land as such use remains otherwise lawful.

 

3.     Enlargement or reconstruction of a lawfully established residential use rendered non

conforming by adoption of this Resolution may occur, provided that if such residential use is non-conforming by reason of non-compliance with any setback requirement, any enlargement shall not further reduce any non-conforming setback and further provided that reconstruction of any non-conforming residential use shall occur on the existing foundation or any other location which reduces or eliminates any non-conformity. 

 

Section 705     Non-Conforming Lots of Record:  In any zoning district, primary and customary accessory buildings of the type permitted in each zoning district may be erected on any single lot of record after the effective date of this Resolution or amendment thereto notwithstanding limitations imposed by this Resolution or amendment thereto, subject to the following conditions:

 

1.     Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership.  This provision shall apply even though such lot fails to meet the requirements for area or width or both that are applicable to the zoning district in which such lot is located, provided that erection of any building or structure shall comply with all setback (yard) requirements of the zoning district in which said lot is located.  Variance of said minimum setback requirements shall be obtained only through action of the Board of Adjustment.

2.     If two (2) or more lots or combination of lots and portions of lots with continuous frontage in the same ownership are of record on the effective date of this Resolution or amendment thereto and if all or part of the lots do not meet the requirements established for lot width and area,  the land involved shall be considered to be an undivided parcel for the purposes of this Resolution and no portion of said parcel shall be used or sold in any manner which diminishes compliance with the minimum lot width and area requirements of the zoning district in which said parcel is located nor shall any division of any parcel be made which creates a lot with width or area which is less than the requirements set forth in the zoning district in which said parcel is located.

 

3.     Where a lawfully established lot, tract or parcel, less than twenty (20) acres in area, was in existence and under separate ownership as of the effective date of this Resolution and the entirety of such lot, tract or parcel lies within the minimum separation distances set forth in this Resolution for any confined or intensive animal feeding use or associated waste handling facility, a residential use may be established on said lot, tract or parcel.

 

4.     Where a lawfully established lot, tract or parcel, less than twenty (20) acres in area, was in existence and under separate ownership as of the effective date of this Resolution and a portion of such lot, tract or parcel lies within the minimum separation distances set forth in this Resolution for any confined or intensive animal feeding use or associated waste handling facility, a residential use may be established on said lot, tract or parcel, provided such residential use is located on that portion of said lot, tract or parcel which is beyond the minimum separation distances specified in this Resolution from any such confined or intensive animal feeding use or associated waste handling facility.

 

Section 706     Non-Conforming Use of Land:  Where on the effective date of this Resolution or amendment thereto, a lawful use of land exists which would not be permitted under the requirements of this Resolution or amendment thereto and where such use involves no buildings or structures with a replacement cost exceeding two hundred fifty dollars ($250), the use may be continued so long as it remains otherwise lawful in accordance with the following conditions.

 

1.     If any such non-conforming use of land ceases for any reason for a period of more than  twelve (12) consecutive months, any subsequent use of such land shall conform with the requirements of this Resolution or amendments thereto.

 

2.     No additional building or structure not conforming to the use restrictions and other  regulations of the Resolution or amendment thereto shall be erected in connection with such non-conforming use.

 

3.     No such non-conforming use shall be moved in whole or in part to any portion of the lot or parcel of land on which it is located that has not been used in connection with such non-conforming use.

 

4.     No such non-conforming use shall be enlarged or expanded to occupy a greater area of the lot  or parcel of land on which it is located than was used in association with such use on the effective date of this Resolution or amendment thereto.

 

Section 707     Non-Conforming Use of Buildings / Structures and Land In Combination:   If a lawful use involving individual buildings or structures and land in combinations, exists at the effective date of this Resolution or amendment thereto that would not be permitted in the zoning district in which said non-conforming use of building or structures and land in combination is located, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

 

1.     With the exceptions set forth in Section 704 of this Resolution and Paragraph 3 below, no existing building or structure devoted to a use not permitted in the zoning district in which it is located shall be enlarged, extended, constructed, moved or structurally altered, except in changing the use to a use permitted in the zoning district as an allowable use, a permitted use, an accessory use or a conditional use.

 

2.     With the exceptions set forth in Section 704 of this Resolution, any non-conforming use may

be extended throughout any parts of a building or structure which were arranged or designed for such use as of the effective date of this Resolution or amendment thereto, but no such use shall be extended to occupy any land outside such building or structure which was not in use as of the effective date of this Resolution or amendment thereto.

 

3.     If no structural alterations are made, any non-conforming use of a building or structure and

land in combination, may through authorization of a conditional use in accordance with the procedures and requirements of this Resolution, be changed to another non-conforming use provided that the County Board of Commissioners, in authorizing said conditional use, shall find that the proposed use is equally appropriate or more appropriate to the intent of the zoning district than is the existing use.  In authorizing such conditional use, the Board of Commissioners may set conditions for such proposed use to assure that such use will remain appropriate for location in the zoning district.

 

4.     Any building or structure or building or structure and land in combination , in or on which a

non-conforming uses is superseded by a permitted use shall thereafter conform to the requirements of this Resolution and the non-conforming use shall not thereafter be resumed.

 

5.     Lawfully existing confined or intensive animal feeding uses and associated waste handling facility uses rendered non-conforming by these regulations may be expanded, but only in accordance with all restrictions set forth in Sections 501.04, Subsection 7 of this Resolution.

 

6.     When a non-conforming use of a building or structure or building or structure and land in combination is voluntarily discontinued or abandoned for twelve (12) consecutive months, except when governmental action impedes access to the premises, the building(s), structure(s) and land shall not thereafter be used for any use that is not in compliance with this Resolution or amendment thereto.  In the event a confined or intensive animal feeding use and associated waste handling facility use, as defined in this Resolution, is discontinued or abandoned for a period of twelve (12) consecutive months, such use may be re-established within the confines of the area in which the previous feeding operation was conducted, but such use shall be considered permanently abandoned and shall not be re-established if its use is discontinued for a period of thirty six (36) consecutive months or longer.

 

7.     Where non-conforming use status applies to a building(s) or structure(s), such building(s) or structure(s) and land in combination, if all or part of any such building(s) or structure(s) are involuntarily removed or destroyed through fire, tornado, earthquake or other event, such building(s) or structure(s) and the may be reconstructed and the use which existed in such building(s) or structure(s) at the time of such involuntary removal or destruction may be re-established, even though such building(s) or structure(s) or the use thereof is non-conforming with the requirements of this Resolution, provided that such re-establishment shall not involve any expansion of such building(s) or structure(s) or expansion of change of use, except to a use that would be in compliance with the requirements of this Resolution.  Zoning permits shall be required for reconstruction of any non-farm building, as defined in Section 303.34 of this Resolution. A certificate of zoning compliance shall be required for the reconstruction of any farm building.

 

Section 708     Repairs and Maintenance:  Maintenance and ordinary repairs, replacement of walls or members, fixtures, heating and cooling equipment, wiring or plumbing within any non-conforming building or structure may be performed notwithstanding any other requirements of this Resolution or amendment thereto.  Such repairs and maintenance shall not require any zoning permit. 

 

Section 709     Uses Under Conditional Use Authorization:  A use authorized as a conditional use under the terms of this Resolution shall not be deemed a non-conforming use, except where such use is not in compliance with any conditions of use established in the granting of such conditional use by the Board of Commissioners, provided however, that a change of one non-conforming use to another non-conforming use, authorized by conditional use, shall remain a non-conforming use.

 

 

 

 

 

 


Article 8       Administration and Enforcement

 

Section 801     Organization:  The administration and enforcement of this Resolution is hereby vested in the

Pawnee County Planning Commission, the Pawnee County Board of Adjustment, the Pawnee County Board of Commissioners, the Zoning Administrator designated by the Board of Commissioners, the Pawnee County Attorney and such other persons as may be designated by the Board of Commissioners.

 

Section 802     Authorities:

 

                  802.01  Planning Commission:

With regard to the proper administration and enforcement of this Resolution, the Pawnee County Planning Commission shall have the following authorities:

 

1.     Hear and recommend action to the Board of Commissioners regarding all applications for amendments to the text of this Resolution and / or changes (rezoning) to the Pawnee County Official Zoning Map.

 

2.     Hear and recommend action to the Board of Commissioners regarding all applications for conditional uses, as set forth in this Resolution.

 

2.       Prescribe uniform rules of procedure pertaining to applications, public hearings and issuance of permits.

 

3.       Periodically review the effectiveness of this Resolution and initiate amendments or make

recommendations in conjunction therewith.

 

5.     Invoke any authorized remedy for the enforcement of this Resolution.

 

                802.02  Board of Adjustment:

With regard to proper administration and enforcement of this Resolution, the Pawnee County Board of Adjustment shall have the following authorities:

 

1.     Hear and decide appeals from and review any order, requirement, decision or determination made by the Zoning Administrator when such order, requirement, decision, or determination is appealed by the person(s) affected by such order, requirement, decision or determination.

 

2.     Hear and authorize specific appeals at variance with the requirements of this Resolution that would not be contrary to the public interest,  where owning to special conditions demonstrated and after written findings of legitimate hardship, as defined and specified in Section 907, Paragraph C, Subparagraph 1 of this Resolution, a literal enforcement of the provisions of this Resolution would result in a legitimate and unnecessary hardship and not merely an inconvenience.

 

3.     Hear and decide appeals regarding interpretation of zoning district boundaries, as indicated on

            the Official Zoning Map,  in accordance with the requirements and limitations of this Resolution.

 

4.     Prescribe uniform rules of procedure pertaining to investigations, findings of fact, applications, appeals and public hearings.

 

4.       Invoke any legal remedy for the enforcement of this Resolution including full power to order discontinuance of any use and stays of work (stop work orders) on any premises in violation of the requirements of this Resolution.

 

                802.03  Board of Commissioners:

With regard to proper administration and enforcement of this Resolution, the Pawnee County

Board of Commissioners shall have the following authorities:

 

1.     Hear and decide conditional use applications upon which it is required to act under the terms of this Resolution, after recommendation from the Planning Commission.

 

2.     Consider and adopt amendments to the text of this Resolution and / or changes (rezonings) to the Pawnee County Official Zoning Map, after review and recommendation by the Planning Commission.

 

3.     Consider and adopt a schedule of permit and application fees for administration of this Resolution, after review and recommendation by the Planning Commission.

 

4.     Provide for the proper and constant enforcement of this Resolution through appointment of a Zoning Administrator and sufficient budget to enable the Planning Commission, the Board of Adjustment, the Board of Commissioners, the Zoning Administrator, the County Attorney and any other persons designated by the Board of Commissioners to carry out the responsibilities assigned to then by adoption of this Resolution.

 

              802.04   Zoning Administrator:

                            With regard to proper administration and enforcement of this Resolution, the Pawnee County

                            Zoning Administrator shall have the following authorities:

 

1.     Make available to the public application forms for amendments to this Resolution and / or

Official Zoning Map, for appeals to the Board of Adjustment, and conditional use requests to the Board of Commissioners and to issue zoning permits and certificates of zoning compliance (occupancy permits) as required by the Resolution and to maintain records of all such applications and permits issued.

 

2.     Conduct inspections of buildings, structures, premises and the uses of land to determine

compliance with the terms of this Resolution.  Where violations are determined to exist, the Zoning Administrator shall have the authority to issue letters of violation, stop work orders and any other legal remedy to assure compliance with the requirements of this Resolution.

 

3.     Provide interpretation of the text of this Resolution and the Official Zoning Map when necessary and such other technical and clerical assistance as the public, the Planning Commission, Board of Adjustment and Board of Commissioners may require.

 

4.     Maintain and provide information to the public regarding the requirements of this Resolution and provide for the timely publishing of legal notices and other notifications relative to administration of this Resolution as prescribed by law.

 

5.     Maintain permanent and current records with regard to this Resolution, including but not limited to all maps, amendments, zoning permits, certificates of zoning compliance, variances, appeals, conditional uses and applications thereof together with all records of meetings and public hearings pertaining to this Resolution.

 

Section 803     Responsibilities:  The following shall be the responsibilities of the various entities involved in the proper administration and enforcement of this Resolution:

 

1.     It is the intent of this Resolution that all questions of interpretation and enforcement

regarding this Resolution shall first be presented to the Zoning Administrator and that such questions shall be presented to the Board of Adjustment only on appeal from a decision of the Zoning Administrator and that recourse from the decisions of the Board of Adjustment shall be to the courts, as prescribed by law.

 

2.     It is further the intent of this Resolution that the duties of the Board of Commissioners relative to this Resolution shall be limited to those specified in Section 802.03 of this Resolution and shall not include the hearing and deciding questions of interpretation and enforcement that may arise.  The procedure of deciding such questions shall be as stated in this Resolution.

 

3.     If the Zoning Administrator shall find that any of the provisions of this Resolution are being

violated, he / she shall notify the person(s) responsible for such violation in writing, indicating the nature of the violation and ordering the action or actions necessary to correct and eliminate such violation. The Zoning Administrator shall have the full authority to order discontinuance of prohibited or unauthorized uses of land, buildings or structures, removal of prohibited or unauthorized buildings or structures or prohibited or unauthorized additions thereto, discontinuance of any work being done in violation of the requirements of the Resolution, and the taking of any other legal action necessary to ensure compliance with or prevent violation of the provisions of this Resolution.

 

4.     The Zoning Administrator, operating through the County or other designated Attorney, shall

have express authority to initiate and carry out any and all legal actions appropriate and necessary to enforce the provisions of this Resolution and any orders of the Board of Adjustment,  without further authorization by the Board of Commissioners.  Adoption of this provision by the Pawnee County Board of Commissioners is expressly intended to authorize the Zoning Administrator and County or other designated Attorney to initiate and carry out all legal actions appropriate and necessary to enforce the provisions of this Resolution that is or may be applicable under the laws of the State of Nebraska.

 

Section 804     Zoning Permits Required:  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 without a zoning permit / certificate of zoning compliance first being issued by the Zoning Administrator, provided:

 

1.    Non-residential farm buildings, as defined in Section 303.35 of this Resolution, shall be subject to the requirements of this Resolution, but shall be exempt from the zoning permit requirements of this Resolution;

 

2.    Any farm building containing a use other than an agricultural use, as defined in Section 303.04 of this Resolution, shall be considered a non-farm building and shall be subject to the zoning permit requirements of this Resolution;

 

3.    Any farm building located on a lot, tract or parcel of land, which does not qualify as a farm, as defined in Section 303.34 of this Resolution, shall be considered a non-farm building and shall be subject to all applicable requirements of this Resolution, including zoning permit requirements, and;

 

Public entities and political subdivisions shall not be required to obtain zoning permits for the construction, repair, and/or erection of road signs, bridges, culverts and any other structures upon and within public rights-of-way or easements of record. 

 

No zoning permit or certificate of zoning compliance shall be issued by the Zoning Administrator except in conformity with all provisions of this Resolution unless the Zoning Administrator shall receive written authorization from the Board of Adjustment in the form of an administrative appeal, or receive written authorization from the Board of Adjustment in the form of an approved variance or a written authorization from the Board of Commissioners in the form of an approved conditional use, as provided for in this Resolution.

 

Section 805     Application for A Zoning Permit:   The following requirements shall apply to all requests for a zoning permit:

 

1.     All applications for a zoning permit shall be made on forms prescribed for such application

by the Board of Commissioners. Such forms shall have incorporated a place for drawing of a plot plan showing the actual dimensions and shape of the lot to be built upon, the sizes and locations of all existing and proposed parking areas, water supply and sewage disposal facility locations, and such other information as may be pertinent to said application.

 

2.     The application shall include, the name(s), address(es) and telephone number(s) of the

applicant and such other information as may be lawfully required by the Zoning Administrator, including existing and proposed uses of land,  buildings and structures, existing or proposed building or structure alterations, the number of families, housekeeping units on the premises, conditions existing on the premises, provisions for water supply, sewage disposal and erosion control, soil conditions and permeability and such other information as may be necessary to determine conformance with the requirements of the Resolution and enforcement thereof.

 

3.     Upon receipt of a complete zoning permit application and receipt of any applicable

application fee, the Zoning Administrator shall make two (2) copies of the zoning permit application and return one (1) copy to the applicant after he / she has marked the copy of the permit as approved or disapproved and attested to same by his / her dated signature.  If a zoning permit application is denied, the Zoning Administrator shall state the reason(s) for such denial in writing and attach the same to the applicant’s copy of the application.  The Zoning Administrator shall mark the original of the zoning permit application as approved or disapproved in the same manner as the copy and shall maintain said original together with written reason(s) for denial of said application in the permanent files of the County.

 

4.     When the Zoning Administrator approves a zoning permit for erection of any building or

structure or erection of any addition to or alteration thereof, he / she shall issue one (1) copy of such approved zoning permit to the Pawnee County Assessor.

 

5.     Zoning permits issued on the basis of plot plans and information presented by the applicant

and approved by the Zoning Administrator shall authorize only the use, arrangement and construction set forth in such plot plan and permit and no other use, arrangement or construction.  If the Zoning Administrator determines that the use, arrangement or construction developed under any approved permit is not proceeding according to the approved permit and applicable regulations or conditions, the Zoning Administrator shall revoke said permit and issue a written stop work order and require that such use, arrangement or construction be brought into conformance with the approved permit.

 

Section 806     Limitations on Issuance of Zoning Permits:  The following limitations shall apply to the issuance of all applicable zoning permits: 

 

1.   Notwithstanding of provisions of this Resolution, in the event a conditional use application

       has been duly filed with the zoning administrator and the use and/or location of such use

       proposed in said conditional use application would, due to setback or other requirements of

       this Resolution, restrict or otherwise prohibit the issuance of a zoning permit for another use

       on any neighboring property, a zoning permit for any use on neighboring property which

       would be restricted or prohibited by the authorization of said conditional use shall not be

       issued by the Zoning Administrator until the application for conditional use has been decided

       by the County Board of Commissioners in accordance with the requirements of this

       Resolution.  In the event such conditional use is authorized, a zoning permit for a use, which

       would be restricted or prohibited on neighboring property, shall be issued only in

       conformance with the resulting restriction(s) or shall not be issued if the requested use would

       then be prohibited.

 

2.     Pursuant to Section 39.1311 Neb. Rev. Stat., issuance of any zoning permit for development

       of structures and land uses in any proposed state highway corridor which has been officially

       designated by the Nebraska Department of Roads, shall be subject to review of said

       Department of Roads in accordance with said Section 39.1311 Neb. Rev. Stat.  Upon receipt

       of any building / zoning permit application for development of structures or land uses in any

       such designated corridor, the Zoning Administrator shall forward notice of such application

       building / zoning permit to the Department of Roads.  The Department of Roads shall have

       sixty (60) days from the date of mailing of said notice to said Department to review any such

       application, unless the Department waives the time period in writing to the Zoning

       Administrator.  Within the sixty (60) day period, the Department may, if it wishes, file with

       the Zoning Administrator a statement of intent to negotiate with the owner of the land on

       which any such building / zoning permit application.  Upon filing of such statement of intent,

       the Department shall have a six (6) month period for negotiations with such owner.  At the

       end of such six (6) month period, if the owner has not withdrawn the application for a

       building / zoning permit, the Zoning Administrator shall issue said permit, if said permit

       complies in all other respects with the Resolution.

 

Section 807     Expiration of Zoning Permits:  If the work described in any approved zoning permit has not been initiated within one (1) year of the date of approval of such permit or if work described in any approved permit has not been completed within two (2) years of the date of approval of such permit, the said permit shall expire and be canceled by the Zoning Administrator and written notice of such cancellation shall be provided to the person(s) affected together with written notice that further work, as described in the canceled permit is prohibited, unless the applicant can qualify for a new zoning permit.

 

Section 808     Certificates of Zoning Compliance for new Use or Change of Use:  The following requirements shall apply to the issuance of all certificates of zoning compliance (occupancy permits):

 

1.     It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises or both or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use until a Certificate of Zoning Compliance shall have been issued therefore by the Zoning Administrator / County Assessor.

 

2.     No Certificate of Zoning Compliance shall be issued by the Zoning Administrator / County Assessor except in conformity with all provisions of this Resolution unless the Zoning Administrator / County Assessor shall receive written authorization from the Board of Zoning Adjustment in the form of an administrative appeal review or approved variance or a written authorization from the Board of Commissioners in the form of an approved conditional use, as provided for in this Resolution.

 

3.     Zoning permits issued on the basis of plot plans and information presented by the applicant and approved by the Zoning Administrator shall authorize only the use, arrangement and construction set forth in such approved plot plans and permit and no other use, arrangement or construction developed under any approved permit is not according to the approved zoning permit and applicable regulations or conditions, the Zoning Administrator / County Assessor shall not issue a Certificate of Zoning Compliance, but shall instead inform the applicant in writing of the violations and specify the actions necessary to bring such use, arrangement or construction into compliance with the approved zoning permit.

 

4.     A Certificate of Zoning Compliance, once issued, shall remain in effect so long as the use of the land, buildings and structures is used in accordance with said Certificate.

 

Section 809     Failure to Obtain Zoning Permit / Certificate of Zoning Compliance:  Failure to obtain required Zoning Permits and Certificates of Zoning Compliance or failure to comply with the plans and application information under which such permits or certificates were issued shall be a violation of this Resolution and be punishable as provided in Section 1202 if this Resolution.

 

 

 

 

Article 9       Board of Adjustment

 

Section 901     Establishment and Procedure:  A Board of Adjustment is hereby created and shall be known as the Pawnee County Board of Adjustment.  The Board of Adjustment shall be appointed by the Board of Commissioners and shall consist of five (5) members, plus one (1) additional member designated as an alternate member who shall attend meetings and serve only when one of the regular members in unable to attend for any reason.  One (1) member of the Board of Adjustment shall be appointed from the membership of the Pawnee County Planning Commission by the Board of Commissioners and the loss of membership on the Planning Commission shall also result in the immediate loss of membership on the Board of Adjustment and the appointment of another Planning Commission member to the Board of Adjustment by the Board of Commissioners.  No member of the Board of Commissioners shall be a member of the Board of Adjustment.

 

Section 902     Terms of Office:  The members appointed to the Board of Adjustment shall be appointed for a term of three (3) years and be removable for cause by the Board of Commissioners upon written charges and after public hearing to consider and decide on such charges.  Vacancies shall be filled by appointment for the unexpired terms of member whose term becomes vacant.

 

Section 903     Election of Officers:  The Board of Adjustment shall annually elect one (1) of its members as Chairperson and another as Vice Chairperson, who shall act as Chairperson in the elected Chairperson’s absence.  Each member shall serve until a successor has been selected.

 

Section 904     Secretary of the Board of Adjustment:  The Board of Adjustment shall annually elect one (1) of its members as Secretary / Treasurer or shall appoint the Zoning Administrator to serve as Secretary / Treasurer to the Board of Adjustment.

 

Section 905     Records of the Board of Adjustment:  The Board of Adjustment shall adopt bylaws and rules of procedure in accordance with the provisions of this Resolution necessary to conduct its affairs.  Meetings of the Board of Adjustment shall be held at the call of the Chairperson and at such other times as a majority of the Board shall determine.  The Chairperson, or in his / her absence, the Vice Chairperson may administer oaths and compel attendance of witnesses.  All meetings of the Board of Adjustment shall be open to the public.  The Board shall keep written minutes of its proceedings, indicating evidence presented, findings of fact made by the Board,  decisions of the Board,  the attendance of members,  and the vote of each member upon each question.  Records of all actions of the Board shall be kept in the office of the County Clerk and/or Zoning Administrator and shall be open to public inspection.

 

Section 906     Quorum and Voting:   A quorum for the Board of Adjustment shall be three (3) members.  Action by the Board on any question other than an appeal from the decision of the Zoning Administrator or a variance application shall require a concurring vote of three (3) members of the Board.  Action by the Board on an appeal to overturn a decision of the Zoning Administrator or for approval or denial of a variance application shall require the concurring vote of four (4) members.

 

Section 907     Powers and Duties:  The Board of Adjustment shall have the following powers and ONLY the following powers:

 

1.     Administrative Review:  To hear and decide appeals where it is alleged by the appellant that there is an error in order,  requirement,  decision or refusal made by the Zoning Administrator or official based on or made in the enforcement of this Resolution or any regulation relating to the location of structures.

 

2.       Zoning Map Interpretation:  To hear and decide,  in accordance with the provisions of this

Resolution, requests for interpretation of Official Zoning Map of the County.

 

 

 

3.     Variances:  To hear applications for and authorize, in specific cases, a variance from the specific terms of this Resolution which will not be contrary to the public interest and where,  owing to special conditions,  a literal enforcement of the provisions of this Resolution would result in unnecessary hardship, and provided that the spirit of this Resolution shall be observed,  public safety and welfare secured and substantial justice done.  A variance shall not be granted by the Board of Adjustment unless and until the Board shall have made written findings that all of the following conditions exist or have been met:

 

A.    Where by reason of exceptional narrowness, shallowness or shape of a specific piece of

property at the time of adoption of this Resolution, or by reason of exceptional topography conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of particular requirements of this Resolution would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship on the owner of such property,  the Board of Adjustment, upon an appeal relating to such property, shall have the power to authorize a variance from such strict application so as to relieve such difficulties or hardship, if such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this Resolution, but no variance shall be authorized by the Board of Adjustment unless the Board finds that:

 

1)    The strict application of the regulations would produce undue hardship;

 

2)    Such hardship is not shared generally by other properties in the same zoning district and the same vicinity;

 

3)       The authorization of such variance shall not be of substantial detriment to adjacent properties and the character of the district will not be changed by the granting of such variance;

 

4)       The granting of such variance is based upon reasons of demonstrable and

       exceptional hardship as distinguished from variations for purposes of the owner’s

       convenience, profit or caprice.

 

B.    No variance shall be authorized unless the Board finds that the condition or situation of

the property concerned or the intended use of the property is not of so general or recurring nature as to make reasonably practical the formulation of a general regulation to be adopted as an amendment to this Resolution.

 

       C.     Requirement for Written Application and Conditions:  A variance from the terms of this

Resolution shall not be granted by the Board of Adjustment unless and until a written application for a variance is submitted to the Zoning Administrator on an application form prescribed by the Board of Adjustment and payment of an applicable fee and such application shall demonstrate that special conditions and circumstances exist which are peculiar to the land,  building or structure involved and that said special conditions and circumstances are not applicable to other lands,  building, or structures in the same zoning district and vicinity,  that the literal enforcement of the provisions of this Resolution would deprive the applicant,  and that granting of the variance requested will not confer on the applicant any special privilege that is denied by this Resolution to other lands,  buildings or structures in the same zoning district and vicinity.

 

D.     Effect of Non-Conformance:  Non-conformance use of lands, buildings or structures in

the same zoning district and vicinity and permitted or non-conforming use of lands, buildings or structures in other zoning districts shall not be considered grounds for a determination that the applicant would be deprived of rights enjoyed by other properties and shall not be grounds for granting a variance.

 

 

E.    Findings of the Board of Adjustment on Variances:  Prior to taking any action to

authorize or deny a variance application,  the Board of Adjustment shall:

 

1)    Make a finding that the application for a variance is complete and in compliance with the requirements of this Resolution.  Such finding shall be recorded in the minutes of the Board;

 

2)    Make findings that the particular reasons set forth in the application for a variance justify the granting of the variance in accordance with the limitations for granting such variance as described in Section 907, Subsection C, Paragraph 1 of this Resolution and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structures involved and such findings shall be recorded in the minutes of the Board;

 

3)       Make a finding that the granting of the variance will be in harmony with the purpose and intent of the Resolution and will not be injurious to adjacent lands or otherwise detrimental to the public welfare.  Such finding shall be recorded in the minutes of the Board.

 

F.     Conditions of Approval Imposed:  In authorizing any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this Resolution to assure continued acceptability of variance.  Violations of such conditions or safeguards when made part of written terms under which the variance is authorized shall be deemed a violation of this Resolution and punishable as set forth in Section 1202 of this Resolution and any other applicable laws.  In addition, the Board of Adjustment shall attach a condition to any variance authorized by the Board that such authorization shall be acted upon by the applicant within one (1) year from the date of authorization of such variance and that if such authorized variance has not been acted upon by the applicant within this time limitation such authorization shall automatically be revoked.

 

G.    Use Variances:  Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible in the zoning district involved or grant a variance for any use expressly or by implication prohibited by terms of this Resolution in the zoning district involved.

 

Section 908     Public Hearing Required:   Prior to acting on any powers granted to it under this Resolution, the Board of Adjustment shall give public notice of a public hearing.  Such notice shall be published in the legal newspaper of general circulation in the County one (1) time at least ten (10) calendar days prior to such public hearing and such notice shall fix the date, time, place and subject of the public hearing.  In addition, a copy of such notice shall also be given to the Chairperson of any municipal, county or any joint planning commission, having jurisdiction over land within three (3) miles of the property effected by the petition or in the absence of a planning commission.  In the absence of a planning commission, such notice shall be given to the clerks of units of local governments having jurisdiction over land within three (3) miles of the property affected by such action.  A copy of such notice shall be mailed to the applicant and, in addition, a copy of said notice shall be mailed by first class mail to all property owners of record who own property adjacent to the property effected by such action at least ten (10) days prior to the date of such public hearing.  Any party may appear in person or be represented by an agent or attorney at the public hearing and be heard.

 

Section 909     Board Has Powers Of Administrative Official On Appeal:   In exercising the above mentioned powers, the Board of Adjustment may reverse or affirm, wholly or partially, or modify the order, requirement,  decision or determination as ought to be made and to that end shall have all the powers of the administrative official from whom the appeal is taken.   The concurring vote of four (4) members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this Resolution or to effect any variance under this Resolution.

 

Section 910     Appeals of Board of Adjustment Decisions:  Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any officer, department, board or bureau of the County, may present to the district court for the County a petition, duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of the illegality.  The petition must be presented to the court within fifteen (15) days after the filing of the decision in the office of the Board of Adjustment.  Upon the filing of such a petition a summons shall be issued and be served upon the Board of Adjustment together with a copy of the petition, and return of service shall be made within four (4) days after the issuance of the summons.  Within ten (10) days after the return day of the summons, the County Board shall file an answer to the petition which shall admit or deny the substantial averments of the petition and matters in dispute as disclosed by the petition.  The answer shall be verified in like manner as required for the petition.  At the expiration of the time for filing the answer, the court shall proceed to hear and determine the cause without delay and shall render judgment according to law.  If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made.  The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.  Appeal to the district court shall not stay proceedings upon the decision appealed from, but the court may, upon application, on notice to the Board and on due cause shown, grant a restraining order.  Any appeal from such judgment of the district court shall be prosecuted in accordance with the general laws of the State regulating appeals in actions at law.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Article 10    Conditional Uses

 

Section 1001  General Powers:   The Pawnee County Board of Commissioners may grant conditional uses to property owners for the use of their property in conformance and compliance with the limitations and procedures set forth herein.  Granting of a conditional use shall only allow property owners to put their property to a conditional use if such use is listed among those uses specifically identified in the zoning district in which the subject property is located as a conditional use.  The power to grant conditional uses shall be the exclusive authority of the Board of Commissioners and the Board of Commissioners has formally adopted and shall comply with the following standards and procedures:

 

Section 1002  Application Requirements:   A written application and site plan for a conditional use shall be initiated by a property owner or authorized agent of such owner(s) and shall be submitted to the Zoning Administrator on forms prescribed by the Board of Commissioners.  Said application shall be signed by the applicant or the applicant’s authorized agent and the applicant shall pay any applicable application fee.  Such application shall indicate the Section of this Resolution under which the conditional use is being sought and, at a minimum, shall indicate the following:

 

1.     A legal description of the property on which the proposed conditional use is requested,

including the specific size and dimension of the area on which the proposed conditional use    

would be located if less than the total property owned by the applicant;

 

2.     The size and locations of all existing and proposed buildings and structures;

 

3.       A detailed description of the use proposed and the activities involved in such use;

 

4.       The location(s) of access to public roadway(s);

 

5.       The type and locations of easements effecting the property;

 

6.       A description of the provisions made for adequate water supply, sewage disposal, public

utilities and erosion control;

 

7.       The extent and location of parking, loading and refuse disposal and collection facilities;

 

8.       The locations of residential dwellings and other non-agricultural land uses within two (2) miles of the property in question;

 

9.       An indication of surface water drainage onto, through and off of the subject property which

       would occur after development of the proposed conditional use;

 

10.    For industrial uses, confined or intensive animal feeding uses, and waste handling facilities, a

description of how the use or uses proposed will address the compatibility issues of traffic  generation, noise, odor, dust, radiation or potential air, water or soil pollution or explosion hazards; (For confined and intensive animal feeding uses and waste handling facilities, refer to requirements in Section 501.06 of the this Resolution and include appropriate information to address each such requirement.)

 

11.  Any areas on the property subject to flooding or considered to be a wetland.

 

Section 1003  Referral to the Planning Commission Required:   Prior to consideration of a conditional use application, the Board of Commissioners shall refer a conditional use application to the Pawnee County Planning Commission for review, research and recommendation.

 

 

 

 

Section 1004  Planning Commission Public Hearing Notice:   Prior to consideration of a conditional use application by the Planning Commission, the Zoning Administrator shall give public notice of a public hearing.  Such notice shall be published in the legal newspaper of general circulation in the County one (1) time at least ten (10) calendar days prior to such public hearing and such notice shall fix the date, time, place and subject of the public hearing.  In addition, a copy of such notice shall also be given to the Chairperson of any municipal, county or any joint planning commission, having jurisdiction over land within three (3) miles of the property affected by the petition.  In the absence of a planning commission, such notice shall be given to the clerks of units of local governments having jurisdiction over land within three (3) miles of the property affected by such action.  A copy of such notice shall be mailed to the applicant and, in addition, a copy of said notice shall be mailed by first class mail to all property owners of record who own property adjacent to the property effected by such action at least ten (10) days prior to the date of such public hearing.  Any party may appear in person or be represented by an agent or attorney at the public hearing and be heard.

 

Section 1005  Public Hearing, Consideration and Procedures:   At public hearing, the Planning Commission, shall hear the applicant’s petition and all comments by the public in attendance and shall review the conditional use request in accordance with the requirements set forth in Section 1008 of this Resolution.  The Planning Commission, after review and research of the application, shall act to recommend approval or disapproval the application, provided that if the Commission recommends approval of such application it shall specify conditions and limitations which it recommends to assure compliance with the requirements set forth in Section 1008 of this Resolution.  If the Commission recommends disapproval of an application, it shall state the reason(s) for such disapproval.  The recommendations of the Planning Commission, together with recommended conditions of approval or recommended reasons for disapproval shall immediately be forwarded in writing by the Zoning Administrator to the County Board of Commissioners for  consideration and the Zoning Administrator shall provide the same written statement to the applicant within seven (7) calendar days of the date of action by the Planning Commission.

 

Section 1006  County Board of Commissioners Public Hearing Notice:   Prior to consideration of a conditional use application by the Board of Commissioners, the Zoning Administrator or County Clerk shall give public notice of a public hearing.  Such notice shall be published in the legal newspaper of general circulation in the County one (1) time at least ten (10) calendar days prior to such public hearing and such notice shall fix the date, time, place and subject of the public hearing.  In addition, a copy of such notice shall also be given to the Chairperson of any municipal, county or any joint planning commission, having jurisdiction over land within three (3) miles of the property effected by the petition.  In the absence of a planning commission, such notice shall be given to the clerks of units of local governments having jurisdiction over land within three (3) miles of the property affected by such action.  A copy of such notice shall be mailed to the applicant and, in addition, a copy of said notice shall be mailed by first class mail to all property owners of record who own property adjacent to the property effected by such action at least ten (10) days prior to the date of such public hearing.  Any party may appear in person or be represented by an agent or attorney at the public hearing and be heard.

 

Section 1007  Public Hearing, Consideration and Procedures:   At public hearing, the Board of Commissioners, shall hear the applicant’s petition, shall review and consider the recommendations of the Planning Commission and all comments by the public in attendance and shall review the conditional request in accordance with the requirements set forth in Section 1008 of this Resolution.  The Board of Commissioners shall act to approve or disapprove the request, provided that if the Board approves such request it shall specify conditions and limitations to assure compliance with the requirements set forth in Section 1008 of this Resolution.  Upon approval of a conditional use, notice of the approval, including all conditions of approval shall be mailed to the applicant within seven (7) calendar days of the date of such approval.  If the Board disapproves a request, it shall state the reason(s) that such use does not comply with one (1) or more of the requirements of this Resolution and shall provide a written statement specifying the reason(s) for the disapproval to the applicant within seven (7) calendar days of the date of such disapproval.

 

Section 1008  Requirements Governing Review and Authorization of Conditional Uses:   In reviewing any conditional use application, the Planning Commission and Board of Commissioners shall consider all aspects of the proposed use including, at a minimum, those aspects of use listed below to determine the acceptability of the proposed use and its location.  At the option of the Planning Commission and/or the Board of Commissioners, the Planning Commission and/or Board of Commissioners may request technical support from any public or private agency or entity in the review of any conditional use application.  Such technical support may take any form including, but not limited to technical data and advice, comments or recommendations.  In authorizing any conditional use, the Board of Commissioners shall attach specific conditions, requirements or limitations regarding each aspect of use listed below to assure continued acceptability of the conditional use.  Such conditions shall be made either by reference to a site plan for the proposed use or by attaching specific written statements.  At a minimum, the aspects of acceptability include:

 

1.     Both ingress and egress to the property and conditional use thereon and the existing and

proposed buildings and structures thereon is appropriate with particular reference to automobile and truck safety, traffic flow, site distance, roadway and bridge capacities, convenience and access in case of fire or catastrophe;

 

2.     Off-street parking, including spaces for handicapped persons, is adequate for the use

proposed and will not create any safety hazards relative to public roadways;

 

3.     Refuse disposal or manure collection and disposal facilities and operations and other service

facilities are appropriate relative to location, capacity and safety;

 

4.     Water supply, sewage disposal systems are appropriate relative to size, capacity, topography, soil conditions,  water table, flood hazard, location, surface water drainage and, where applicable, are located at least an acceptable distance from the ordinary high water mark of any river, stream or water course to avoid any potential surface water contamination;

 

5.     The number, location, size and use of buildings and structures proposed is appropriate

relative to the size of the site and protection of adjoining properties and scenic views.

 

6.     Front, side and rear setbacks and separation distances for neighboring uses meet or exceed the minimum setback requirements of the zoning district in which the conditional use is located.

 

7.     Provisions to avoid development within any area subject to flooding and / or to avoid

modification of any wetlands.

 

 8.    For proposed commercial and industrial uses, the types of operations to be conducted on the

site will not result in inappropriate levels of traffic, noise, dust, odor, or undue potentials for air, or surface or groundwater contamination or explosion hazards.

 

9.     For confined and intensive animal feeding uses and waste handling facilities, the use proposed shall comply with each requirement of Section 501.06, Subsection 1 of this Resolution.

 

Section 1009  Conditions, Safeguards and Limitations of Use:    In considering any conditional use application, the Board of Commissioners may prescribe any additional conditions or limitations appropriate to assure the compatibility of the conditional use with adjacent lands, the intent of the zoning district in which such use is to be located, and with the purpose of this Resolution, provided that in considering any conditional use for a confined or intensive animal feeding use and associated waste handling facilities, the Board of Commissioners shall determine if an application for such use meets the requirements and standards of Section 501.06, Subsection 1and may only prescribe any additional condition or limitation associated with limiting odor impacts on neighboring properties in accordance with Section 501.06, Subsection 1, Paragraph K of this Resolution.

 

Section 1010  Expiration of Conditional Use Authorizations:   Development of any authorized conditional use shall be commenced within one (1) year of the date of approval of such conditional use by the Board of Commissioners and development of said authorized conditional use shall be completed within two (2) years from the date of approval of such conditional use by the Board of Commissioners or such authorization is automatically revoked.  Development or completion of any conditional use authorization that has been so revoked shall be permitted only after reapplication and approval of such conditional use application by the Board of Commissioners, in the manner herein described.


Article 11    Amendments

 

Section 1101  Authority To Amend:   The County Board of Commissioners may from time to time amend, supplement, modify the zoning district boundaries or repeal the regulations contained in this Resolution, provided no such amendment, supplement, modification, change of boundaries or repeal shall become effective until such proposed modification shall have been submitted to the Planning Commission for recommendation and report and after public notice has been provided and public hearing have been held by both the Planning Commission and Board of Commissioners.  A proposal for modification or repeal may be initiated by the Planning Commission, the Board of Commissioners or upon application of any owner of property under the jurisdiction of this Resolution.  A filing fee, as established by the County Board of Commissioners shall be paid for each application to modify this Resolution prior to action on such application by the Planning Commission and Board of Commissioners, provided that such fee shall be waived where the proposed modifications is initiated by the Planning Commission or the Board of Commissioners.

 

Section 1102  Public Notice and Public Hearings Required:    Prior to consideration of amending, supplementing, changing, modifying or repealing of all or part of this Resolution, notice of public hearings by the Planning Commission and Board of Commissioners shall each be provided by the Zoning Administrator or County Clerk as follows:

 

1.     Such notice shall be published in the legal newspaper of general circulation in the County one

(1)    time at least ten (10) calendar days prior to such public hearing and such notice shall fix the date, time, place and subject of the public hearing.  In addition, a copy of such notice shall also be given to the Chairperson of any municipal, county or any joint planning commission,  having jurisdiction over land within three (3) miles of the property effected by the petition. In the absence of a planning commission, such notice shall be given to the clerks of units of local governments having jurisdiction over land within three (3) miles of the property affected by such action. Any party may appear in person or be represented by an agent or attorney at the public hearing and be heard.

 

2.     If such proposed modification is not a general revision of an existing provision of this Resolution and will affect only a specific property, the public notice shall include the general location and a legal description of such specific property and, in addition, notice of the public hearing(s) shall be mailed by first class mail to the applicant and the owners of record of real estate that is located adjacent to or immediately across a road from the property affected by such modification at least ten (10) calendar days prior to such public hearings.

 

3.     The provisions of this Section regarding notification by first class mail shall not apply to:

 

            A.    A proposed modification of this Resolution where such modification will apply

throughout the County or throughout an existing zoning district;

 

B.    Additional or different types of zoning districts are proposed, whether or not such

additional or different zoning districts are made applicable to areas or parts of areas already within a zoning district of the County;

 

       C.     In these instances only the publication of public notice in the newspaper, and notice to

other planning commissions having jurisdiction over lands within three (3) miles of lands which will be effected by such modification and notification of local units of government, as set forth in Section 1102 above, shall be required.

 

Section 1103  Amendment Consideration and Adoption of Amendments:  

               

1.     Planning Commission:  The procedure for the consideration and adoption of any proposed amendment to this Resolution shall be in like manner as that required for consideration and 

adoption of this Resolution.  For action on amendments to the text of this Resolution or the

zoning district boundaries indicated on the Official Zoning Map, a quorum of the Planning

Commission must be present at the required public hearing to approve or disapprove a proposed amendment action on any proposed amendment shall require an affirmative vote of a majority of all members of the Commission.  The Commission’s action on any proposed amendment shall constitute a recommendation of approval or disapproval to the Board of Commissioners.

 

2.     Board of Commissioners:  After public notice and public hearing as described above, may act

to agree or disagree with said Planning Commission recommendation and shall act to approve or disapprove said amendment.  Passage of a motion to adopt a resolution approving an amendment or passage of motion to disapprove an amendment, regardless of the recommendation of the Planning Commission shall require a simple majority vote of the Board of Commissioners, except for the provisions set forth in Section 1105 of this Resolution.

 

Section 1104  Amending Pawnee County Official Zoning Map:   Should any amendment adopted by resolution of the Board of Commissioners serve to modify the location of zoning district boundaries as set forth on the Pawnee County Official Zoning Map, the Board of Commissioners shall cause the Official Zoning Map to immediately be modified to reflect the adopted amendment and such change shall be witnessed by the signature of the Chairperson of the Board of Commissioners.  Adoption of any resolution to amend the Official Zoning Map shall become effective only after such amendment is reflected on such Official Zoning Map and such change has been witnessed by the signature of the Chairperson of the County Board of Commissioners and attested to by the County Clerk.

 

Section 1105  Protests Regarding Amendments:   Regardless of whether or not the Planning Commission approves or disapproves a proposed amendment, if a protest against any amendment, signed by the owners of twenty percent (20%) or more of the area of lots included in such proposed change, or of those immediately adjacent in the rear thereof extending one hundred (100) feet therefrom, or of those directly opposite thereto extending one hundred (100) feet from the street frontage of such opposite lots,  is filed,  such amendment shall not become effective except by the favorable vote of two-thirds majority of the County Board of Commissioners.

 

 

 

 

 

 

 

 

 


Article 12   Complaints, Violations, Remedies and Penalties

 

Section 1201  Complaints Regarding Violations:    Whenever a violation of this Resolution occurs, or is alleged to have occurred, any person may file a written complaint.  Such complaint, stating the cause and basis of the complaint, shall be filed with the Zoning Administrator.  The Zoning Administrator shall properly record receipt of such complaint, immediately investigate the complaint and take appropriate action thereon in accordance with the regulations and requirements of this Resolution.

 

Section 1202  Penalties For Violation of This Resolution:   Violation of the provisions of this Resolution or failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with approval of variance and conditional uses, shall constitute a misdemeanor.  Any person, partnership, limited liability company, association, club, or corporation violating this Resolution or fails to comply with any of its requirements or conditions and safeguards established in connection with approvals of variances and conditional uses shall be guilty of Class III misdemeanor.  Each day such violation continues after notice of violation has been given to the offender may be considered a separate offense.  In addition to other remedies, the County Board or other proper local authority of the County,  as well as any owner(s) of property within the district affected by the regulations,  may institute any appropriate action or proceedings to prevent such unlawful construction, erection, reconstruction, alteration, repair, conversion, maintenance, business or use in or about the premises.  Any taxpayer or taxpayers in the County may institute proceedings to compel specific performance by the proper official or officials of any duty imposed by such sections or in resolutions adopted pursuant to such sections of this Resolution.  Nothing contained herein shall prevent the County from taking such other lawful action as is necessary to prevent or remedy any violation of this Resolution.

 

Section 1203  Remedies:   In case any building or structure is erected, constructed, reconstructed, altered, repaired, moved, converted or maintained, or any building, structure or land is used in violation of this Resolution or the conditions and safeguards established in connection with approval of any variance or conditional use, the Zoning Administrator, County Attorney or other duly appointed official shall institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, movement, conversion, maintenance or use,  to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises.

 

 

Article 13    Schedule of Fees

 

Section 1301  Authority:   The County Board of Commissioners shall establish a schedule of fees for Zoning Permits, Certificates of Zoning Compliance, Appeals, Rezoning Applications, Conditional Use Applications, Variance Applications and other matters pertaining to the effective administration of this Resolution.  The schedule of fees shall be posted in the office of the Zoning Administrator and County Clerk at all times.  Said schedule of fees may be altered or amended from time to time by action of the Board of Commissioners.

 

Section 1302  Non-payment of Fees:   Until all applicable fees have been paid in full by the applicant, no action shall be taken on any application or permit.

 

 

 

 

 

 

 

 

Article 14    Legal Status Provisions

 

Section 1401  Severability:   Should any Article, Section or provision of this Resolution be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this Resolution as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.

 

Section 1402  Purpose of Catch Heads:   The catch head titles appearing in connection with the Articles and Sections contained within this Resolution are inserted simply for convenience to serve the purpose of any index and they shall be wholly disregarded by any person, officer, court or other tribunal in construing and interpreting the terms and provisions of this Resolution.

 

Section 1403  Repeal of Conflicting Resolutions:   All resolutions and regulations in conflict with this Resolution are hereby repealed to the extent necessary to give this Resolution full force and effect.

 

Section 1404  Effective Date:   This Resolution shall take effect and be in force from and after its passage

and publication according to law.


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APPENDIX 1  - Application and Permit Forms

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 













 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APPENDIX 2 - Schedule of Fees