ARTICLE 5 - ZONING DISTRICTS

ARTICLE 5 - ZONING DISTRICTS

SECTION 501 AG - G GENERAL AGRICULTURAL DISTRICT

501.01 INTENT: The intent of this district is to promote and facilitate agricultural crop production,

livestock production which is in balance with the existing environment, and other and new forms of agricultural production which are compatible with existing agricultural uses and the environment. The intent is also to encourage soil and water conservation, to prevent contamination of the existing environment within the County and to preserve and protect land best suited for agricultural uses by preventing or regulating the introduction, encroachment and location of non-farm residential uses, commercial uses, industrial uses and other non-agricultural uses which would be or could become incompatible with the agricultural character and the occasional generation of dust, odors, noise and other similar events produced by the agricultural uses permitted within this district, and by regulating uses, including confined and intensive animal feeding uses, which could result in contamination of the air, soils and water, or which could negatively impact the use, value and enjoyment of property, or which could be inconsistent with the purposes of this Resolution, as herein set forth, or which could negatively impact the culture and way of life in Red Willow County.

501.02 OUTRIGHT ALLOWABLE PRINCIPAL USES AND STRUCTURES: The following uses

and structures shall be allowable uses outright and shall not require a written zoning permit or certificate of zoning compliance:

1. Agricultural uses, as defined in Section 303.04 of this Resolution, including any farm buildings, as defined in Section 303.33 of this Resolution, but excluding any dwelling unit(s) whether or not associated with an agricultural use.

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

sales and storage facilities.

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

structures, flood control and erosion control facilities.

4. Oil wells and related piping and storage facilities.

5. Forestry, tree farms and plant nurseries.

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

occupant(s) of such dwelling unit.

7. Signs, including permanent on-site and outdoor advertising signs, provided the number of

such permanent on-site signs shall not exceed three (3) per premises and that permanent

outdoor advertising signs shall be located no closer than one-eighth (1/8) mile to any other

on-site or outdoor advertising sign. Temporary signs, including but not limited to crop seed

signs, yard sale, real estate for sale or lease signs, political campaign signs, shall be exempt

from regulation. (All permanent signs along federal and state highways are subject to the

permit requirements of the Nebraska Department of Roads).

501.03 PERMITTED PRINCIPAL USES AND STRUCTURES: The following uses and structures

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

1. 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. If the 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 501.05 of this Resolution, such use may be expanded in any direction provided

that such expansion complies with all requirements of Paragraph B, Parts 3) through 8)

immediately below and such expansion shall not result in separation distances to any

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 501.05 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 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 303.41 of this Resolution.

B. If the waste handling facility associated with an animal feeding use is located closer

than the minimum separation distances from neighboring uses, as set forth in Table

501.05 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 waste handling facility may not be expanded closer to any 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 to

which such facility is already less than the minimum distance specified in Table

501.05, unless the owner of any such 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 303.41of this Resolution.

2) Expansion in any other direction shall be permitted, provided that such expansion

shall not result in separation distance to any other 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

said Table 501.05 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 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 303.41 of this Resolution.

3) Any physical expansion of the waste handling facility shall be immediately

contiguous with the existing waste handling facilities.

4) Such expansion may occur over time, but such expansion(s) shall not result in a

waste handling facility which would serve a one-time animal unit capacity which is

more than fifty percent (50%) greater than the one-time animal unit capacity which

existed as of the effective date of this Resolution. Expansion beyond these limits

may only be authorized as a conditional use in accordance with the procedures and

requirements of this Resolution.

5) Each zoning permit application for such expansion shall include a summary of a

search for and results of said search for any abandoned wells. In the event any

abandoned wells are found in any area of such expansion or any area where animal

waste is to be applied to the land, such wells shall be properly closed and sealed in

accordance with standards of the applicable Natural Resource District.

6) No minimum separation distance shall be applicable to any site where any

composted animal waste or solid manure, as defined in Section 303.80 of this

Resolution, is applied to the surface of the land or any site where liquid or slurry

animal waste is injected into the soil.

7) 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.

8) Exceptions to the minimum separation requirements, as set forth in said Table

501.05, may be authorized by conditional use where special types of animal

feeding uses, special provisions for odor control, special provisions for dust

control, topography, prevailing winds, or other factor or combination of factors

exist and it is determined by the Board of Commissioners that reduction of the

separation distance will not interfere with the value, use and enjoyment of

neighboring properties.

9) For purposes of this regulation, a dwelling unit not of the same ownership and not

on the same premises as the animal feeding use and associated waste handling

facility shall be interpreted to mean that such dwelling is an occupied or habitable

dwelling and, if vacant and not habitable, would not require more cost than its

present assessed valuation to make such dwelling habitable.

2. Waste handling facilities, which qualify as either Category A (aerobic), Category ANC

(covered anaerobic) or Category FAC (facultative), as defined in Section 303.89 of this

Resolution, associated with a Class I confined and intensive animal feeding uses, as defined in

Sections 303.24 and 303.44 of this Resolution, when in compliance with the following

restrictions:

A. A waste handling facility associated with a Class I confined or intensive animal feeding use shall not be located closer the minimum separation distances for the category of waste handling facility set forth in Table 501.05 of this Resolution to any church, school, public use area or any dwelling unit not of the same ownership and not on the same premises as the animal feeding use and waste handling facility, provided that no minimum separation distances shall be applicable to any site on which animal waste is surface applied as composted waste or as solid manure, as defined in Section 303.81 of this Resolution, or where liquid animal waste is injected into the soil. Measurement of this distance shall be from the point of lot, pen, building or waste handling facility nearest to said church, school, public use area or dwelling unit not of the same ownership and not on the same premises as the animal feeding use and waste handling facility to the nearest wall of a church, school or dwelling unit not of the same ownership and not on the same premises with the waste handling facility or the nearest boundary of a public use area. If one or more impact easement(s), as defined in Section 303.41 of this Resolution, shall have been granted to the owner of the animal feeding use and waste handling facility, any dwellings or other uses associated with the land on which any such easement has been granted shall not be included in the minimum distance measurements herein specified. For purposes of this regulation, a dwelling unit not of the same ownership and on the same premises as the intensive animal feeding use shall be interpreted to mean that such dwelling is an occupied or habitable dwelling and, if vacant and not habitable, would not require more cost than its present assessed valuation to make such dwelling habitable.

B. Utilizing a 25 year storm as an engineering basis, surface runoff or other drainage from such animal feeding use and associated waste handling facility shall not flow directly or indirectly into any river, stream or other drainageway which would allow any waste to contaminate ground or surface water. Further no such use shall be located within an area which is subject to flooding on a one-hundred (100) year basis.

C. The total capacity of any waste handling facility serving a confined or intensive animal feeding use shall not exceed one thousand (1,000) animal units per half-section of land, except when a conditional use for a waste handling facility serving a larger number of animals units has been authorized by the County Board of Commissioners in accordance with the procedures and requirements of this Resolution.

D. Development of a waste handling facility associated with a Class I confined or intensive

animal feeding use shall require preparation of a Comprehensive Nutrient Management

Plan (CNMP), following the same information as required by the Nebraska Department

of Environmental Quality, and submission of said (CNMP) to the Zoning Administrator.

Such Plan shall be reviewed for consistency with the requirements of the Nebraska
Department of Environmental Quality by said Department or such other agency or entity,

as determined by the County Board of Commissioners. Such Plan shall address, at a

minimum, the amount, form, method of application, location of application and timing of

animal waste and animal waste water so that such Plan is in accordance with local, state

and federal requirements. The owner of the waste handling facility shall also submit

proof of ownership or lease of a sufficient amount of land, as specified in the CNMP, for

application of such wastes. Loss of land for such waste application shall require written

submission of the availability of additional land, either through ownership or lease.

Failure to maintain the ability to provide sufficient land on which to apply such wastes

shall result in the County requiring the removal of a sufficient number of animals from

the animal feeding use to maintain the levels of waste application per unit of land as

specified in the CNMP and the owner / operator of such waste handling facility shall

conduct annual soil sampling and testing for build-up of nutrients on all locations where

waste is to be placed and shall submit a copy of the results of such soil sampling and

testing to the Zoning Administrator, who shall have such results reviewed by the

Department of Environmental Quality or other agency or entity with soil nutrient

expertise, to verify compliance with the CNMP.

E. Each zoning permit application for establishment of a new waste handling facility

serving a Class I confined or intensive animal feeding use shall include a summary of a

search for and results of said search for abandoned wells. In the event any such

wells are found in any area of where the waste handling facility is to be located or any area where animal waste is to be applied to the land, such wells shall be properly closed and sealed in accordance with standards of the applicable Natural Resource District.

F. Whenever the average anticipated level of groundwater usage (in gallons per minute per

year) exceeds two hundred percent (200%) of the estimated average of groundwater usage (in gallons per minute per year) for existing uses within a three (3) mile radius of the proposed use, the zoning permit application shall include information regarding possible impacts on existing neighboring wells. Such information shall be based upon existing data and estimates of possible impacts by the applicable Natural Resource District (NRD) or other entity, which may have existing hydrologic data and hydrologic expertise

G. Each zoning permit application shall list the names and telephone number(s) of the owner

and manager of said use to be contacted in the event of fire, waste spill or other

emergency on the site of a waste handling facility and shall authorize access to the site for emergency service and potential contamination inspections.

H. Animals shall not be introduced into the facility until any permit required to be issued

by the Nebraska Department of Environmental Quality, or successor agency, shall have

been issued and such use shall be operated at all times in a manner consistent with the

requirements of any such required permit and the requirements of this Resolution.

I. Any waste handling facility serving a Class I confined or intensive animal feeding use,

shall be prohibited from applying any liquid waste to the surface of any land. Surface

application of liquid waste may only occur upon authorization of a conditional use by the

County Board of Commissioners in accordance with the procedures for conditional use

authorization set forth in this Resolution.

J. Exceptions to the minimum separation requirements, as set forth in said Table 501.05,

may be authorized by conditional use where special types of animal feeding uses,

special provisions for odor control, special provisions for dust control, topography,

prevailing winds, or other factor or combination of factors exist and it is determined by

the Board of Commissioners that reduction of the separation distance will not interfere

with the value, use and enjoyment of neighboring properties.

3. Not withstanding other waste handling facility regulations of this Resolution, land

application of sludges from municipal waste treatment facilities shall be permitted, provided that the municipality generating said sludges shall provide written evidence that the sludges do not contain contaminants at levels higher than the maximum contaminant levels established by the Environmental Protection Agency and further provided that the municipal generating such sludges provides written evidence to the County that said sludges are being applied at agronomic rates.

4. Public service facilities, including public, parochial, private schools, road maintenance

equipment sheds, fire stations, public utility substations and utility distribution systems.

5. Churches, cemeteries and related uses.

6. Fish hatcheries, game farms and commercial hunting and fishing where such hunting and

fishing does not involve development of lodges or other buildings devoted solely to the

support of such hunting and fishing activities. Temporary housing of hunters and fishermen

and temporary hunting or fishing shelters shall be permitted.

7. Day care and child care uses conducted in an accessory building outside of a residential

dwelling unit or in a dwelling unit, but operated by persons other than the occupant(s) of such

dwelling unit.

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

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

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

existing confined or intensive animal feeding use or associated waste handling facility, as

defined in Sections 303.24, 303.44 and 303.89 of this Resolution, shall be separated from

such use by the minimum distance specified in Table 501.05 of this Resolution for the

class of the animal feeding use and the category of waste handling facility, provided that

if one or more impact easement(s), as defined in Section 303.41of this Resolution, shall

have been granted to the owner of the animal feeding use and associated waste handling

facility use, any dwelling unit or other use associated with the land on which any such

easement has been granted shall not be included in the minimum distance measurements

herein specified. Such minimum distance shall be measured from the nearest point of the

area used or approved under this Resolution for the animal feeding use or associated

waste handling facility, to the nearest wall of such dwelling or other use. Any site where

there is surface application of composted animal waste or solid manure, as defined in

Section 303.81 of this Resolution, or injection of liquid animal waste into the soil, shall

not be subject to any minimum separation distance.

B. Exceptions to the minimum distance separation requirements as set forth in Subsection

A immediately above, may be permitted by conditional use where topography, prevailing winds, or other factor or combination of factors exist and it is determined by the Board of Commissioners that reduction in any minimum spacing requirement will not interfere with the normal operation of an existing confined or intensive animal feeding use and any associated waste handling facility.

C. Such dwelling shall be located on a lot with an area of not less than five (5) acres, as

set forth in Section 501.07 of this Resolution, and such lot shall have a minimum lot width as set forth in Section 501.08 of this Resolution, provided that a larger lot may be required if the regulations of the Nebraska Department of Environmental Quality or its successor with regard to proper sizing and location of a septic tank and tile field or lagoon sewage disposal system indicate that a larger lot is appropriate.

D. The lot on which such dwelling is located shall front on or have access to an existing

public roadway other than a roadway classified by the Red Willow County Board of Commissioners as a minimum maintenance road or other unimproved roadway, provided that if such dwelling is located on a minimum maintenance road or other unimproved roadway, Red Willow County may not construct or improve such roadway or any drainage structures thereon and, with the exception of existing minimum maintenance roads, shall not be committed to accepting such roadway as a publicly maintained County road even if such roadway is improved to County road standards by the owner(s) of such roadway.

E. The total number of dwellings on any parcel of land under separate ownership as of the

effective date of this Resolution shall not exceed more than one (1) additional dwelling

over the number of dwelling(s) existing on said parcel as of the effective date of this

Resolution, unless a conditional use for a residential subdivision has been authorized by the County Board of Commissioners in accordance with the requirements of this Resolution.

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

confined or intensive animal feeding use and associated waste handling facility, as defined in Sections 303.24, 303.44 and 303.89 of this Resolution, as of the effective date of this Resolution shall remain under the same ownership and on the same premises with such confined or intensive animal feeding use and 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 303.41of this Resolution, is effective at the time of such subdivision and sale. Nothing in this subsection shall prohibit the relocation of any such dwelling unit to a location beyond the minimum separation distance requirements from such waste handling facility use as set forth in Table 501.05 of this Resolution.

501.04 PERMITTED ACCESSORY USES AND STRUCTURES: The following uses and structures shall be permitted as accessory to the permitted principal uses and structures:

1. Accessory uses, buildings and structures normally and commonly appurtenant to the

permitted principal uses and structures. Such uses, buildings or structures, if not a farm building, shall require the issuance of a zoning permit and / or certificate of zoning compliance.

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

501.05 CONDITIONAL USES: After the provisions of this Resolution relating to conditional uses

have been fulfilled, the Board of Commissioners may, in accordance with the procedures and requirements of Article 10 of this Resolution, permit the following as conditional uses in the

AG -G, Agricultural District:

1. Expansion of waste handling facilities associated with confined or intensive animal feeding uses in existence as of the effective date of this Resolution, beyond the limits set forth in Section 501.03 of this Resolution, development of new Category AN (anaerobic) waste handling facilities, as defined in Section 303.89 of this Resolution, serving a Class I confined or intensive animal feeding use, surface application of liquid waste from a waste handling facility serving a Class I confined or intensive animal feeding use which is listed as a permitted use in Section 501.03, Subsection 2, and development of new waste handling facilities associated with Class II, III and IV confined and intensive animal feeding uses, provided such waste handling facility uses shall meet or exceed the requirements set forth below and provided such uses shall meet or exceed the minimum separation distances set forth in Table 501.05 of this Resolution, for the class of the animal feeding use being served by the waste handling facility and the category of waste handling facility:

A. The developer of a waste handling facility use shall submit a plan for the proper and

timely disposal of dead animals within thirty six (36) hours of knowledge of death. Such

plan shall comply with the requirements of law or regulations of the State of Nebraska

and shall be subject to the approval of the County Board of Commissioners who may

establish additional requirements regarding the proper and timely disposal of dead

animals. At a minimum such plan shall comply with the following restrictions: 1) dead

animals shall not be removed from the premises where they died unless disposed of at a

licensed rendering plant; 2) on-site burial shall result in the carcasses being buried at least four (4) feet below the surface of the ground; incineration in a State approved

incinerator; 3) composting in accordance with the procedures of the American Veterinary Medical Association, Volume 210, No. 8. The proposed use of a separate entity or company to collect and dispose of dead animals shall require written verification of the availability of and commitment to provide such services by the separate entity or company and written notice to the County immediately upon the cessation of such services by said entity or company and an indication of how dead animal disposal will occur in a timely manner.

B. For all categories of waste handling facility uses, regardless of size or type, all run-off,

control ponds and basins, methods of waste disposal and related waste handling facilities

and operational activities shall be engineered and developed to minimize air and ground

and surface water pollution and shall be constructed and operated in accordance with the

requirements established by the County Board of Commissioners who, in establishing

such requirements, may consult with the applicable Natural Resource District, the

Natural Resources Conservation Service, the University of Nebraska Extension Service,

the Nebraska Department of Environmental Quality, their successor agencies, geologists,

soil scientists, agronomist, biological engineers, civil engineers and any other entity with

environmental protection expertise and shall have a permit from the Nebraska

Department of Environmental Quality if a permit is so required by said Department.

C. Any waste handling facility use, which proposes to dispose of any waste through

application of said waste on crop or other land, shall prepare and present a waste handling

a Comprehensive Nutrient Management Plan (CNMP), following the same information

as required by the Nebraska Department of Environmental Quality, and submission of

said (CNMP) to the Zoning Administrator. Such Plan shall address, at a minimum, the

amount, form, method of application, location of application and timing of animal waste

and animal waste water so that such Plan is in accordance with state and federal

requirements. The owner of the waste handling facility shall also submit proof of

ownership or lease of a sufficient amount of land, as specified in the CNMP, for

application of such wastes. Loss of land for such waste application shall require written

submission of the availability of additional land, either through ownership or lease.

Failure to maintain the ability to provide sufficient land on which to apply such wastes

shall result in the County requiring the removal of a sufficient number of animals from

the animal feeding use to maintain the levels of waste application per unit of land as

specified in the CNMP. The County Board of Commissioners shall require the owner /

operator of such waste handling facility use to conduct annual soil sampling and testing

for build-up of nutrients on all locations where waste is to be placed and shall require the

submission of the results of such soil sampling and testing to the Zoning Administrator,

who shall have such results reviewed by the Department of Environmental Quality or

other agency or entity with soil nutrient expertise, to verify compliance with the CNMP.

D. All locations, which are used by any authorized waste handling facility use for

stockpiling or composting of waste and/or dead animals, shall be subject to authorization

by the County Board of Commissioners as part of the authorization of any waste handling

facility use and such authorization may include the establishment of maximum amounts

of waste which may be stockpiled, the methods and operation of any waste composting

facility, and facilities to collect and properly digest or dispose of any waste contaminated

runoff from any waste stockpiling or composting site. Any composting shall be aerobic

composting and the maximum amount of waste which may be stockpiled shall not exceed

the waste produced by the animal feeding use the facility is serving in twelve (12)

consecutive months and such stockpile shall be removed within said twelve (12) month

period.

E. Each application for establishment of a new waste handling facility serving a confined or

intensive animal feeding use shall include a summary of a search for and results of said

search for abandoned wells. In the event any such wells are found in any area of where

the waste handling facility is to be located or any area where animal waste is to be

applied to the land, such wells shall be properly closed and sealed in accordance with

standards of the applicable Natural Resource District.

F. Whenever the average anticipated level of groundwater usage (in gallons per minute per

year) exceeds two hundred percent (200%) of the estimated average of groundwater usage (in gallons per minute per year) for existing uses within a three (3) mile radius of the proposed use, the zoning permit application shall include information regarding possible impacts on existing neighboring wells. Such information shall be based upon existing data and estimates of possible impacts by the applicable Natural Resource District (NRD) or other entity which may have existing hydrologic data and hydrologic expertise

G. Each application for establishment of a new waste handling facility serving a confined or

intensive animal feeding use shall list the names and telephone number(s) of the owner

and manager of said use to be contacted in the event of fire, waste spill or other

emergency on the site of a waste handling facility and shall authorize access to the site for emergency service and potential contamination inspections.

H. The owner / operator of any waste handling facility use authorized by the County Board

of Commissioners shall agree to permit access to the waste handling facilities and

sufficient access to the animal feeding use to verify animal unit capacity within twenty

four (24) hours of notification of a proposed inspection, to allow inspection of

said facilities by the Zoning Administrator or other person(s) designated by the County

Board of Commissioners to assure compliance with all conditions established in the

authorization of such use. Such inspections shall be conducted on a written complaint

basis only 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. In making such inspections,

the Zoning Administrator or other authorized person shall follow all bio-hazard

procedures required by the operator of the animal feeding use. Such inspections shall

be considered a general function of the Zoning Administrator and the cost of such

inspection(s) 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 or other authorized person that a waste

handling facility use is not in compliance with the approved conditions of use, he/she

shall report same to the County Board of Commissioners and shall notify the owner /

operator of the waste handling facility use involved, in writing, that the use is in violation

of the approved conditions of use and shall state the specific violation(s) of such

conditions. The owner / operator of such use shall have thirty (30) calendar days to

correct such violation. If the violation is not corrected within such time period, as

verified through additional inspection(s) by the Zoning Administrator, the Zoning

Administrator shall initiate any and all actions authorized under this Resolution to require

compliance with the conditions of use approved by the County Board of Commissioners,

including the possible requirements of reducing the waste produced by reduction in the

activities generating such waste or, in the case of confined or intensive animal feeding

uses, reducing the number of animal units on the premises or removal of all animals until such violation(s) have been corrected.

A condition of authorization of any waste handling facility use shall be that the owner(s)

/ operator of each such use 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 Ninety (90) calendar 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 and compliance set forth in this Subsection (Subsection H)

shall not apply to any waste handling facility use which was in existence as of the

effective date of this Resolution, except to verify compliance with the expansion

limitations of this Resolution or unless such use has been expanded in its capacity beyond

that which existed as of the effective date of this Resolution.

I. Any waste handling facility use shall be located only in areas of the County, which are

not subject to flooding on a one hundred (100) year basis, and only in areas where it is determined by the County Board of Commissioners that the geology, soil permeability, depth to water table, drainage patterns and other natural characteristics will minimize the potential for surface and ground water contamination. In making a determination regarding the appropriateness of the site, the County Board of Commissioners may utilize the advice and recommendations of the Natural Resource District, the Natural Resources Conservation Service, geologist and any other entities with applicable environmental protection expertise. Where it is determined that the geology, soil permeability, depth to water table, drainage patterns or other environmental characteristic would present a reasonable potential for contamination of groundwater through leakage from a lagoon or waste holding pond, the County Board of Commissioners may require the use of above ground waste storage tanks or not authorize such use.

J. Each waste handling facility use shall be engineered, constructed and operated utilizing

best management practices to minimize odor, dust, flies, vermin and other problems and hazards to avoid environmental contamination and / or negative impacts on adjoining and neighboring properties.

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

may attach any additional requirement or condition of design or operation of such use

which will minimize the potential for environmental degradation and/or negative impacts

on adjoining and neighboring properties, provided such requirement or condition is based

upon reasonable finding or scientific fact, which may include findings or

recommendations by the applicable Natural Resource District, the Natural Resources

Conservation Service, the University of Nebraska Extension Service, the Nebraska

Department of Environmental Quality, their successor agencies, geologists, biological

engineers, civil engineers and any other entities with applicable environmental protection

expertise and said requirement or condition is not based upon here say, unfounded public

remonstrance or other reason not based on reasonable finding or fact.

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

may, after consultation with the applicable Natural Resources District, the Department of

Environmental Quality and/or other entity with groundwater contamination expertise,

require the installation of groundwater monitoring wells at recommended locations, require that sampling from such well(s) occur on a particular schedule, that sampling of the well(s) be conducted by an independent certified party, that independent laboratory analysis of the samples be conducted, and that the results of the laboratory analysis be provided to the County Board of Commissioners in accordance with the sampling schedule, all at the expense of the owner of the waste handling facility use. When groundwater monitoring wells are required, a minimum of three such wells shall be required for each use. One (1) of the three (3) monitoring wells shall be located upgradient of the ground water flow direction, with the remaining wells located downgradient. Each monitoring well shall be sampled once in the spring and once in the fall, with each sample measuring depth to water before purging, and each sample shall be analyzed for levels of nitrate, chloride, ammonia and phosphorus with analysis results submitted to the County Zoning Administrator. In establishing any requirement for monitoring wells, the County Board of Commissioners shall take into account any wells required by the Nebraska Department of Environmental Quality in its permitting process.

M. Where any Federal and/or State of Nebraska permit for facilities associated with a waste

handling facility use is required, such permit(s) shall be approved by the appropriate Federal or State agency and all facilities required by such Federal or State agency and all facilities and safeguards required by the County Board of Commissioners shall be in place and operable prior to the generation of waste or, in the case of confined or intensive

animal feeding uses, prior to the introduction of any animals to the premises.

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

waste handling facility use, as defined in Section 303.89 of this Resolution, as of the effective date of this Resolution shall remain under the same ownership and on the same premises with such facility and shall not be subdivided or otherwise sold off as a separate

parcel unless the waste handling facility use has been discontinued or an impact

easement, as defined in Section 303.41of this Resolution, is effective at the time of such

subdivision. Nothing in this subsection shall prohibit the relocation of any such

dwelling unit to a location beyond the minimum separation distance requirements from

such waste handling facility use as set forth in Table 501.05 of this Resolution.

O. Exceptions to the minimum separation distance requirements set forth in Table 501.05 of this Resolution may be approved as part of granting of a conditional use where special types of waste handling facility uses, special provisions for odor control, special provisions for dust control, topography, prevailing winds, or other factor or combination of other factors exist and it is determined by the County Board of Commissioners that reduction of this minimum spacing distance will not unreasonably interfere with the value, use and enjoyment of adjoining and neighboring properties.

P. Any conditional use application for a waste handling facility use, which is determined

by the County Board of Commissioners to be in compliance with all requirements of this Section and for which there is agreement by the owner of such proposed use to comply with any additional requirement or condition established by the Board of Commissioners, as set forth in Subsection K above, shall be authorized.

2. Application of animal manure or other waste from sources outside the boundaries of the

County on land within the County, except surface application of solid manure as defined in

Section 303.81 of this Resolution at agronomic rates, or injection of liquid animal waste into

the soil at agronomic rates. Any authorization of surface application of liquid animal waste

shall require that the site(s) for such application be approved as a conditional use and that

such sites shall comply with the minimum separation distances to neighboring uses, within or

adjoining the County, as set forth in Table 501.05 of this Resolution.

3. General welding and agricultural equipment repair businesses, automobile repair and body

shop businesses, livestock auction barns and yards, and other commercial business and

industrial uses, determined by the Board of Commissioners to be reasonably compatible with

the surrounding land uses with regard to traffic generation, noise, odors, dust, vibrations and

potential air, soil or water pollution or explosion or other hazards, and the capacity of the

roadways, bridges and drainage structures on such roadways which would serve such uses.

4. Crop dusting businesses and related aircraft landing strips and airports.

5. Commercial fuel and fertilizer bulk plants, provided such uses shall be separated at least one

half (1/2) mile from any neighboring dwelling unit, church, school or public use area.

6. Solid waste landfills, recycling facilities and transfer stations when in compliance with all

requirements established by the Board of Commissioners in granting a conditional use and in

compliance with all requirements of the Nebraska Department of Environmental Quality.

7. Residential subdivisions in excess of the one (1) additional dwelling unit limit, established

in Section 501.03, Subsection 8, Paragraph E of this Resolution.

8. Salvage (junk) yards, provided such uses shall be separated at least one-half (1/2) mile from

any neighboring dwelling unit, church, school or public use area.

TABLE 501.05

MINIMUM SEPARATION DISTANCES BETWEEN WASTE HANDLING FACILITIES

AND ABUTTING AND NEIGHBORING USES

WASTE HANDLING FACILITY USES MINIMUM DISTANCE FROM A WASTE HANDLING

by Category and by Class of Use Served: FACILITY TO A NEIGHBORING DWELLING UNIT,

CHURCH, SCHOOL, OR PUBLIC USE AREA*

North / South** East / West**

Category A (Aerobic) serving a:

Class I confined animal feeding use………………………. 0.5 mile………………… 0.25 mile

Class II confined animal feeding use……………………… 0.75 mile………………… 0.5 mile

Class III confined animal feeding use…………………….. 1.0 mile………………… 0.75 mile

Class IV confined animal feeding use…………………….. 1.25 miles……………….. 1.0 mile

Category ANC (Covered Anaerobic) serving a:

Class I confined animal feeding use……………………….. 0.75 mile………………... 0.5 mile

Class II confined animal feeding use………………………. 1.0 mile………………… 0.75 mile

Class III confined animal feeding use……………………... 1.5 miles……………….. 1.0 mile

Class IV confined animal feeding use……………………... 1.5 miles……………….. 1.25 miles

Category FAC (Facultative) serving a:

Class I confined animal feeding use……………………….. 1.0 mile………………… 0.5 mile

Class II confined animal feeding use………………………. 1.5 miles……………….. 0.75 mile

Class III confined animal feeding use……………………... 1.75 miles……………….. 1.0 mile

Class IV confined animal feeding use……………………... 1.5 miles……………….. 1.25 miles

Category AN (Anaerobic)*** serving a:

Class I confined or intensive animal feeding use***..…….. 0.75 mile………………… 0.5 mile

Class II confined or intensive animal feeding use***……... 1.0 mile………………… 0.75 mile

Class III confined or intensive animal feeding use***……. 1.25 miles……………….. 1.0 mile

Class IV confined or intensive animal feeding use***……. 1.5 miles……………….. 1.25 miles

Category A (Aerobic) serving a:

Muncipal Sanitary Sewer System………………………….. 0.5 mile………………… 0.5 mile

_____________________________________________________________________________________________

Footnotes:

* Measurement of this distance shall be from the point of the waste handling facility associated with a confined

or intensive animal feeding use, including any site where raw or partially digested liquid or slurry waste is applied to the surface of the land, nearest to a 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 a public use area, provided that if one or more impact easement(s), as defined in Section 303.41 of this Resolution, shall have been granted to the owner of the waste handling facility use, in which case any 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. Minimum separation distances herein specified shall not apply to sites where solid manure, as defined in Section 303.81 of this Resolution, is spread on the surface of the land at agronomic rates or where liquid or slurry waste is injected into the soil at agronomic rates. 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 its present assessed valuation to make such dwelling habitable.

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

Section 303.67 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. 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.

10. Mineral extraction and sand and gravel extraction facilities and operations.

11. Public service facilities not allowable as permitted uses in Section 501.03 of this Resolution.

12. Radio, television, microwave and other types of erected towers, subject to applicable

airport zoning restrictions set forth in this Resolution.

13. Other uses 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.

501.06 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.

501.07 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 five (5) acres. The minimum Lot Area for single tracts within the AG-G District, where the county road right-of-way has not been platted and formally dedicated through a dedication plat, may include the right-of-way as part of the five (5) acre requirement. (Rev. February 19, 2004)

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 uses in accordance with Article 10 of this Resolution, provided that no lot shall be less than five (5) acres in area.

501.08 MINIMUM LOT WIDTH AND FRONTAGE: The following shall be the minimum lot width

and frontage requirements for uses located within this district:

1. The minimum lot width shall be two hundred seventy five (275) feet and the minimum lot frontage shall be one hundred fifty (150) feet.

2. 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 authorizing any such use in accordance with Article 10 of this Resolution, provided that no lot shall have a width less than two hundred seventy five (275) feet and a minimum frontage less than one hundred fifty (150) feet.

501.09 MINIMUM SETBACK REQUIREMENTS: The following shall be the minimum setback

requirements for uses located within this district:

1. Front Setback - Eighty three (83) feet, measured from the centerline of a road other than a

Federal or State Highway, in which case the front setback shall be one-half

(1/2) the width of the right-of-way of the highway, plus fifty (50) feet.

2. Side Setback - Fifty (50) feet

3. Rear Setback - Fifty (50) feet

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

designed for human habitation shall be forty (40) feet and all structures within any airport hazard

zoning district shall be subject to applicable height restrictions. Any building or structure over

one hundred fifty (150) feet in height shall be subject to permitting requirements of the Nebraska Department of Aeronautics.

(This page left blank to allow for future amendments)

SECTION 502 AG - T TRANSITIONAL AGRICULTURAL DISTRICT

502.01 INTENT: The intent of this district is to preserve land for and encourage residential,

commercial and industrial developments in a compatible relationship to each other and the

agricultural uses located near the incorporated municipalities in the County and provide protection

of these urban areas from encroachment of incompatible land uses while allowing agricultural uses which will not negatively impact non-agricultural uses in the zoning district or the urban areas

around which this zoning district is applied.

502.02 OUTRIGHT ALLOWABLE PRINCIPAL USES AND STRUCTURES: The following uses

and structures shall be allowable uses outright and shall not require a written zoning permit or certificate of zoning compliance:

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

buildings, as defined in Section 303.33 of this Resolution, but excluding any dwelling unit(s) whether or not associated with an agricultural use and excluding any waste handling facility use, as defined in Section 303.89 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.

4. Oil wells and related piping and storage facilities.

5. Forestry, tree farms and plant nurseries.

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

occupant(s) of said dwelling unit.

7. Signs, including permanent on-site and outdoor advertising signs, provided the number of

such permanent on-site signs shall not exceed three (3) per premises and that permanent

outdoor advertising signs shall be located no closer than one-eighth (1/8) mile to any other

on-site or outdoor advertising sign. Temporary signs, including but not limited to crop seed

signs, yard sale, real estate for sale or lease signs, political campaign signs, shall be exempt

from regulation. (All permanent signs along federal and state highways are subject to the

permit requirements of the Nebraska Department of Roads).

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. 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. If the 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 501.05 of this Resolution, such use may be expanded in any direction except

closer to any municipality around which this zoning district is applied and provided