The following rules of construction shall apply unless inconsistent with the plain meaning of the context of this Resolution:
301.01 TENSE: Words used in the present tense include the future tense.
301.02 NUMBER: Words used in the singular include the plural, and words used in the plural include the singular.
301.03 SHALL AND MAY: The word “shall” is mandatory and the word “may” is permissive.
301.04 GENDER: The masculine shall include the feminine and the neuter.
301.05 HEADINGS: In the event that there is any conflict or inconsistency between the headingof an Article, Section, or paragraph of this Resolution and the context thereof, the said heading shall not be deemed to affect the scope, meaning or intent of such context.
SECTION 302 - GENERAL TERMINOLOGY
The word “County” shall mean the County of Red Willow, Nebraska. The words “County Board” shall mean the Red Willow County Board of Commissioners. The words “Planning Commission” shall mean the Red Willow County Planning Commission, duly appointed by the Red Willow County Board of Commissioners. The words “Board of Adjustment” and Board shall mean the Red Willow County Board of Adjustment duly appointed by the Red Willow County Board of Commissioners in accordance with this Resolution. The words “Zoning Administrator” shall mean that person duly appointed by the Red Willow County Board of Commissioners to administer and enforce these zoning regulations with the assistance of the Red Willow County Attorney.
SECTION 303 - DEFINITIONS
Words or terms not herein defined shall have their ordinary meanings in relation to the context. For the purposes of this Resolution, certain words and terms used herein are defined as follows:
303.01 ABUT: Any situation where a lot,
tract or parcel of land borders directly on another lot, tract or
parcel of land or is separated from an adjoining lot, tract or parcel by a public road right-of-way which less than is sixty six (66) feet in width.
303.02 ACCESSORY USE OF BUILDING: A building or use, which is subordinate and incidental to that of the main or principal building or use on the same lot or tract.
303.03 AEROBIC DIGESTION PROCESS: Any process for digestion of waste in which the waste is digested using free oxygen, 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 poultry, fish, bees and other animals, including confined and intensive animal feeding use, as defined in Sections 303.24 and 303.44 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 vegetation, provided that such use shall not include any waste handling facilities, as defined in Section 303.89 of this Resolution, which are associated with any confined or intensive animal feeding use.
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 including, but not limited to, nitrate, chloride, ammonia and phosphorus. Determination of the agronomic rate shall include the available nutrients in the soil, the nitrogen content of any irrigation water, and the nutrient content of any animal wastes and commercial fertilizer to be applied.
303.06 ANAEROBIC DIGESTION: Any process for digestion of waste in which the waste is digested where free oxygen is not available.
303.07 ANIMAL HUSBANDRY:The care and raising of animals.
303.08 ANIMAL UNIT: The relationship of various animals with regard to manure production basedupon 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……………………………………………… 2.00
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 WASTE WATER: Any liquid, including rainfall, which comes into contact with any
animal excrement, manure, litter, bedding, or other raw material or intermediate or final matter or product used in or resulting from the production of animals or from products directly or indirectly used in any Waste Handling Facility Use, as defined in Section 303.89 of this Resolution, or any spillage or overflow from animal watering systems where such spillage or
overflow comes in contact with any animal excrement, manure, litter, bedding or other waste
product, 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 short-term 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 defined in this Resolution, 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 structure shall be considered a separate building. (Refer to Section 303.33, Farm
Building and Section 303.62, 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 or highest point of the
structure, excluding chimneys, antennas or other similar appurtenances.
303.16 CAMPGROUND: Any premises where two (2) or more camping units are parked or placed for
camping purposes, or any premises used or 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, stating that the premises has been inspected
after erection, construction, reconstruction, alteration or moving of a building or structure or upon
a change in the use of land or building, and stating that the premises complies in all respects 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 land use of a different type because of its consistency with the Intent statement of the
zoning district in which said uses are located, because of similar or comparable buildings and use activities, and because neither use will diminish the use, value and enjoyment of the other.
303.21 COMPREHENSIVE PLAN: The plan or series of plans for the future development of the
County, recommended by the County Planning Commission and adopted by the County Board of Commissioners.
303.22 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.
303.23 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 zoning 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.
303.24 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, if such a permit is not required, such determination shall be by written declaration of the owner of such use of the one-time animal unit capacity of such use to the Zoning Administrator. In the event of any dispute over the number of animal units, such determination shall be by actual counting of the number of animal capacity units by the Zoning Administrator or other duly appointed official at the time of such dispute. Any waste handling facilities, as defined in Section 303.89 of this Resolution, associated with any confined animal feeding use shall be considered a separate waste handling facility use and shall be subject to the requirements of this Resolution. For purposes of this Resolution, waste handling facilities associated with any confined animal feeding uses shall be classified and regulated with regard to the number of animal units served by such waste handling facility in accordance with the following classes of size, as well as the type of waste handling facilities utilized, in accordance with the category of waste handling facility as defined in Section 303.89 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 and one
(1,001) to five thousand (5,000) animal units.
Class III - A confined animal feeding use with a one-time capacity of five thousand and one
(5,001) to twenty thousand (20,000) animal units.
Class IV - A confined animal feeding use with a one-time capacity of twenty thousand and one
(20,001) or more animal units.
303.25 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.
303.26 DWELLING, SINGLE-FAMILY: A dwelling unit having independent accommodations for
and occupied by one family.
303.27 DWELLING, TWO-FAMILY (DUPLEX): A dwelling unit having independent
accommodations for and occupied by two families.
303.28 DWELLING UNIT: One room or combination of rooms which constitute a separate and
independent housekeeping establishment containing independent cooking, sleeping and
restroom facilities.
303.29 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.
303.30 FACULTATIVE DIGESTION: 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.
303.31 FAMILY: An individual or two (2) or more persons related by blood, marriage or adoption, or a group of not more than five (5) persons, excluding servants, who may not be related, living together in a single dwelling unit.
303.32 FARM: A crop production, livestock production or other similar enterprise containing twenty (20) acres or more of land from which one thousand dollars ($1,000) or more of crop or meat products are produced each year.
303.33 FARM BUILDING: Any non-residential building located on a farm, as defined in Section
303.32 of this Resolution, which is utilized for agricultural purposes, provided that when the use
or consequences of the agricultural use conducted in a farm building exits from the building onto,
across or under the land, whether underneath the building or adjoining thereto or onto or into some
other structure, such use, if not an agricultural use, shall not be considered part of such building,
shall not be considered an agricultural use, and shall be subject to the requirements and limitations
of this Resolution. Waste handling facilities, as defined in Section 303.89 of this Resolution,
which may be associated with a use in a farm building, shall be considered a non-agricultural use
and shall be subject to the requirements and limitations of this Resolution.
303.34 FLOOD PLAIN: Those lands within the zoning jurisdiction of Red Willow County which are subject to a one percent (1%) or greater chance of flooding in any given year. Determination of flood plains shall be based on historical high water marks and interpolation of such high water marks by the Natural Resource District or other agency capable of determining such flood plains 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.
303.35 FLOOR: A level or story in a building.
303.36 FLOOR AREA: The sum of the gross horizontal areas of the one or several floors of all
buildings or portions thereof, on the lot or tract.
303.37 FRONTAGE (LOT): The length of the 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.
303.38 GROUP DAY CARE CENTER / NURSERY SCHOOL: An establishment, other than public, private non-religious or parochial school, which provides day care, play groups, nursery school or education for five (5) or more unrelated children.
303.39 GROUP HOME: A facility, licensed or approved by the State of Nebraska or other appropriate agency, in which more than two (2) persons who are unrelated by blood, marriage or adoption reside while receiving therapy or counseling, but not nursing care, for any of the following purposes: 1) Adaptation to living with, or rehabilitation from disabilities; 2) Adaptation to living
with, or rehabilitation from, emotional or mental disorders, or 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 probationary programs.
303.40 HOME OCCUPATION: An occupation or business enterprise conducted in a dwelling unit or
accessory building, where such occupation or business enterprise is operated by persons
occupying the dwelling unit and a limited number of other persons, as regulated in this Resolution.
303.41 IMPACT EASEMENT (DEED RESTRICTION): An easement or deed restriction, recorded in
the office of the Red Willow 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 agreed that the grantor shall hold the grantee
harmless from odor, smoke, dust, or other legal impacts associated with such use on the grantor’s
property when such use is operated in accordance with the terms of such easement or deed
restriction.
303.42 INCOMPATIBLE USE: A land use of one type that is unsuitable for direct association or location near or abutting a land use of a different type because of its inconsistency with the Intent statement of the zoning district in which such uses are located, because of 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.
303.43 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
303.44 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 used for confinement of animals where manure is or may be in contact with the earth. The determination of the number of animal units in any such use shall be based upon the number of animal units set forth in a permit issued by the Nebraska Department of Environmental Quality or its successor or, in the event such a permit is not required, such determination shall be by written declaration of the one-time animal unit capacity of such use to the Zoning Administrator. In the event of any dispute over the number of animal units, such determination shall be by actual counting of the number of animal capacity units by the Zoning Administrator or other duly appointed official at the time of such dispute. Waste handling facilities, as defined in Section 303.89 of this Resolution, associated with any intensive animal feeding use, shall be considered a separate waste handling facility use and shall be subject to the requirements of this Resolution. For purposes of this Resolution, waste handling facilities associated with any intensive animal feeding uses shall be categorized as an AN (anaerobic) facility, as defined in Section 303.89 of this Resolution, and classified with regard to the number of animals 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 five thousand (5,000) animal units.
Class III - An intensive animal feeding use with a one-time capacity of five thousand and one
(5,001) to twenty thousand (20,000) animal units.
Class IV - An intensive animal feeding use with a one-time capacity of twenty thousand and one
(20,001) or more animal units.
303.45 JUNK YARD: See Salvage Yard.
303.46 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 or permitted by said Department.
303.47 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 or use and its accessory buildings or structures. A lot may consist of a single lot record, a portion of a lot of record, a combination or complete lots or record, a combination of complete lots of record and portions of lots of record, or portions of lots of record.
303.48 LOT AREA: The total horizontal area of a lot, excluding all street or alley rights-of-way, unless otherwise prescribed in these regulations. (Rev. February 19, 2004)
303.49 LOT, CORNER: A lot which has frontage on two (2) or more streets or roads at the
intersection of said streets or roads.
303.50 LOT DEPTH: The average horizontal distance between the front and rear lot lines of any lot.
303.51 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 Red Willow County,
Nebraska prior to the effective date of this Resolution.
303.52 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 prescribed in the various zoning districts set forth in this Resolution.
303.53 MANUFACTURED HOME: A factory-built structure which is to be used for human habitation, which is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than to a permanent site, which does have permanently attached to its body or frame any wheels or axles, and which bears a label certifying that it was built in compliance with National Manufactured Home Construction and Safety Standards, 24 C.F. R. 3280 et seq., promulgated by the United States Department of Housing and Urban Development, or any successor regulations thereto 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 ˝) 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.
303.54 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.
303.55 MOBILE HOME LOT: A lot or parcel of land for the placement of one (1) mobile home.
303.56 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.
303.57 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.
303.58 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 agency.
303.59 NON-CONFORMING LOT OF RECORD: A lawfully existing lot in existence, as evidenced
by recordation of such lot in the Red Willow County Registrar of Deeds office 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.
303.60 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.
303.61 NON-CONFORMING USE: A lawfully established use of land in existence as of the effective
date of this Resolution, which does not comply with the regulations of this Resolution.
303.62 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 303.32 of this Resolution, which is contains a use other than an agricultural use, as defined in Section 303.04 of this Resolution, any building located on a
parcel of land which does not qualify as a farm, as defined in Section 303.32 of this Resolution and any building associated with a waste handling facility use, as defined in Section 303.89 of this Resolution.
303.63 ODOR: That characteristic of a substance which makes it offensive to the human sense of smell,
as determined by the majority of any three (3) or more persons where such persons shall include the Zoning Administrator, a representative of the use being investigated for odor and one or more neutral persons agreed upon by the Zoning Administrator and the representative of the use being investigated for odor.
303.64 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.
303.65 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.
303.66 PREMISES: The land area containing a land use, which is contiguous with and under
the same ownership as the land use.
303.67 PREVAILING WINDS: Prevailing winds in Red Willow 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
303.68 PRINCIPAL BUILDING: A building in which the principal use on the lot is situated.
303.69 PRIVATE ROADWAY: A privately owned, open, unoccupied space, other than a public road,
reserved as the principal means of access to abutting property.
303.70 PUBLIC USE AREA: An area of land or water, whether publicly or privately owned, which is
designed for and use 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 or biking trails or privately owned land used for hunting and/or fishing.
303.71 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.
303.72 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.
303.73 RESIDENTIAL USE: A land use wherein one or more persons resides in a building containing
one room or combination of rooms which are used for living, cooking, sleeping purposes.
303.74 ROAD / ROADWAY: A public right-of-way set aside for public travel which affords the
principal means of access to abutting property.
303.75 ROAD CENTERLINE: A line extending down the center of a road or street right-of-way.
303.76 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.
303.77 SALVAGE YARD: Land where waste, discarded 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.
303.78 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.
303.79 SETBACK (YARD): A horizontal distance, as prescribed in the various zoning districts
established in this Resolution, measured from the centerline of the roadway on which a 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:
A. SETBACK, FRONT: An open space extending across the entire width of a lot between the centerline of the road on which the lot has frontage and the nearest point of a building. A corner lot has two (2) front setbacks.
B. SETBACK, REAR: An open space extending across the entire width of the lot between the
rear lot line and the nearest point of a building.
C. SETBACK, SIDE: An open-space extending along the side lot line from the front setback to the rear setback and lying between the side lot line and the nearest point of a building.
D. SETBACK, TRANSITIONAL: An open space applicable when a non-residential zoning
district abuts or is adjacent across a road from a residentially zoned area.
303.80 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.
303.81 SOLID MANURE: Waste produced by living cattle, dairy cattle, sheep and other ruminants
and horses which contains not less than twelve percent (12%) solids by weight and waste produced by living swine, poultry or other non-ruminant animals which contains not less than twenty five percent (25%) solids by weight.
303.82 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 303.89 of this Resolution.
303.83 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.
303.84 STREET: See ROAD
303.85 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.
303.86 STRUCTURAL ALTERATIONS: Any change in the supporting members of a structure,
including, but not limited to bearing walls, partitions, columns, and beams or girders.
303.87 USE: The purpose or activity for which land and buildings thereon is designed, arranged,
intended, or for which it is occupied or maintained.
303.88 VARIANCE: A relaxation of the height, lot area, size of structure or buildings or size of yards
and open space requirements of this Resolution where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the land and not the result of actions or desires of the owner, a literal enforcement of the requirements of this Resolution would result in unnecessary and undue hardship.
303.89 WASTE HANDLING FACILITY: Any facility including:
A. any and all structures, combination of structures, under-floor pits, holding ponds, waste or
manure catch basins, lots or pens where animal waste is accumulated, diversion terraces,
liquid manure storage pits, lagoons, manure or other waste composting sites or other facility
used to hold, store, process, digest, control or otherwise dispose of dead animals, animal
waste, animal waste water or other waste materials, other than solid waste as defined in
Section 303.82 of this Resolution, generated by any industrial use, any municipal waste
treatment facility or other use, including animal waste and animal waste water generated by
any confined or intensive animal feeding use, as defined in Section 303.24 and 303.44 of this
Resolution, whether on the same or different premises as the use generating said waste; and
B. any above ground pipelines for transporting of wastes other than solid wastes, as defined in
Section 303.82 of this Resolution, any irrigation or other device, equipment, or mechanism
used to transport and/or land apply or otherwise dispose of such wastes, whether on the same
or different premises than the industrial use, municipal waste treatment facility or other use,
including animal waste and animal waste water generated by any confined or intensive
animal feeding use, as defined in Section 303.24 and 303.44 of this Resolution; and
C. any land on which animal waste, animal waste water or other waste, excluding solid waste as
defined in Section 303.82 of this Resolution, generated by any industrial use, municipal
waste treatment facility or other use, including animal waste and animal waste water
generated by any confined or intensive animal feeding use, as defined in Section 303.24 and
303.44 of this Resolution, is applied; and
D. any facilities, apparatus, or mechanism used to ventilate, exhaust, process, or treat gases, odor,
dust, smoke or other waste product emanating from any building or structure associated with
any, industrial use, municipal waste treatment facility or other use, including any confined or
intensive animal feeding use, as defined in Section 303.24 and 303.44 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 there is surface application of solid manure or injection of liquid manure, liquid waste or waste water 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 to minimize air contamination, and
3. odors and dust, gases, 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 ANC (covered anaerobic): 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 generated by the digestion of said waste are collected and treated to avoid explosion, fire hazards and the generation 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 to minimize air contamination, and
3. odors and dust, 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 of
lagoon capacity 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 or injection of liquid (non-solid) manure into the soil on crop or other land or there is application of liquid (non-solid) manure and 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. odors and dust, 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.
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 surface application of solid manure or injection of liquid (non-solid) manure into the soil on crop or other land or there is application of liquid (non-solid) manure and waste on the surface of crop or other land, and
3. 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
4. odors and dust, 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.
303.90 ZONING ADMINISTRATOR: The person duly designated by the Red Willow County Board
of Commissioners to administer and enforce the regulations established under this Resolution.
303.91 ZONING DISTRICT: One of several sets of zoning regulations designed for a particular
class of land uses which establishes uniform regulations governing the use, building and
structure height, area, size, intensity of use and other standards of land use within the
unincorporated areas of the County.