ARTICLE 4 - ESTABLISHMENT AND DESIGNATION OF DISTRICTS

SECTION 401 - PLANNING COMMISSION RECOMMENDATIONS

It shall be a purpose of the Planning Commission to recommend the boundaries of the various original districts and appropriate regulations to be enforced therein.  The Planning Commission shall make a preliminary report and hold public hearings thereon before submitting its final report to the Board of Commissioners, and the Board of Commissioners shall not hold its public hearing or take final action on such recommendations until it has received the final report of the Planning Commission.

SECTION 402 - DISTRICTS CREATED

For the purposes of this Resolution the following zoning districts for Red Willow County, Nebraska, as named and described in Article 5 of this Resolution, are created:

 AG - G          General Agricultural District

 AG - T          Transitional Agricultural District

 AG - SWP   Surface Water Protection Agricultural District

 AH                Airport Hazard Overlay District

 FH                 Flood Hazard Overlay District

 WP               Wellhead Protection 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 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 Red Willow County, Nebraska referred to in Section 403 of Resolution No. 754, Book 12, Page 24 of the County of Red Willow, Nebraska” together with the date of the adoption of this Resolution.  The signed copy of the Official Zoning Map shall be maintained in the office of the County Clerk for the use and benefit of the public.

SECTION 404 -   OFFICIAL ZONING MAP CHANGES

404.01   CHANGES ON OFFICIAL ZONING MAP:  If, in accordance with the provisions of this

Resolution, changes are made in the zoning district boundaries or other explanatory matter portrayed on the Official Zoning Map, such changes shall be promptly entered on said Official Zoning Map after amendment of same has been approved by the County Board together with an entry on the Official Zoning Map as follows:  “On      (date)     , by official action of the County Board of Commissioners,  the following change(s) was / were made in the Official Zoning Map:       (brief description of the change)  “, which entry shall be signed by the Chairperson of the County Board of Commissioners and attested by the County Clerk.  No changes to this Resolution, which involve matter portrayed on the Official Zoning Map, shall become effective until after such change and entry on such Official Zoning Map have been made.

404.02   CHANGES IN CONFORMITY WITH PROCEDURES:  No change of any nature shall be

made in the Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this Resolution.

404.03   PENALTIES FOR UNAUTHORIZED CHANGES:  Any unauthorized change of any kind on

the Official Zoning Map by any person or persons shall be considered a violation of this

Resolution and punishable in accordance with this Resolution and applicable law.

404.04   FINAL AUTHORITY OF OFFICIAL ZONING MAP:  Regardless of the existence of

purported copies of the Official Zoning map, which may from time to time by made or published,  the Official Zoning Map, which shall be located in the office of the County Clerk, shall be the final authority as to the current zoning status of land within Red Willow 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 Red Willow County, Nebraska Board of County Commissioners.”  Unless the prior Official Zoning Map has been lost of has been totally destroyed, the prior map or any significant parts thereof shall be preserved together with all available records pertaining to its adoption and amendment.

SECTION 406 - RULES FOR INTERPRETATION / INTERPOLATION OF DISTRICT BOUNDARIES

Where uncertainty exists as to the boundaries of zoning districts shown on the Official Zoning Map the following rules shall apply:

406.01   Boundaries indicated as approximately following the centerlines of roads, streets, or highways

shall be construed to follow such centerlines.

406.02   Boundaries indicated as approximately following platted lot lines shall be construed as following

such lot lines and boundaries indicated as approximately following the corporate limit boundaries of any municipality shall be construed to follow such corporate limit boundaries.

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

between the tracks of the main railroad track.

406.04   Boundaries indicated as following shorelines of rivers, streams, canals, lakes, ponds or other

bodies of water shall be construed to follow such shorelines and in the event of change in the shorelines shall be construed as moving with the shorelines.  Boundaries indicated as following the centerline of rivers, streams, canals, lakes, ponds or other bodies of water shall be construed to follow such centerline.

406.05   Boundaries indicated as parallel to or extensions of features indicated in Items 406.01 through

406.04 immediately above shall be so construed.

406.05   Distances not specified set forth on the Official Zoning Map shall be determined by measurement

according to the scale of the Official Zoning Map.

406.07   Where a district boundary line divides a lot 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.

406.08   In circumstances not covered by Items 406.01 through 406.07 immediately above or where

physical or cultural features existing on the ground are at variance with those shown on the

Official Zoning Map, the Board of Adjustment shall interpret the district boundaries to best

accomplish the objectives of the Intent statements of the zoning districts involved.

SECTION 407 - ANNEXATION RULE

Annexation of land to any incorporated municipality within or adjoining Red Willow County, Nebraska shall remove such land from the jurisdiction of this Resolution and any legal extension of any zoning jurisdictional area boundary by any such municipality shall remove such land from the jurisdiction of this Resolution.