SECTION 801 ORGANIZATION: The administration and enforcement of this
Resolution is hereby vested in the Red Willow County Planning Commission, the
Red Willow County Board of Adjustment, the Red Willow County Board of
Commissioners, the Zoning Administrator designated by the Board of
Commissioners, the Red Willow County Attorney and such other persons as may be
designated by the Board of Commissioners.
SECTION 802 AUTHORITIES
Planning Commission:
With regard to the proper administration and enforcement of this
Resolution, the
Red Willow County Planning Commission shall have the
following authorities:
802.01 Hear and recommend action by the Board of
Commissioners regarding all applications for
amendments to the text of this Resolution and / or
changes (rezoning) to the Red Willow County Official Zoning Map.
802.02 Hear and recommend action by the Board of
Commissioners regarding all applications for
conditional uses, as set
forth in this Resolution.
802.03 Prescribe uniform rules of procedure pertaining to
applications, public hearings and issuance of
permits.
802.04 Periodically review the effectiveness of this Resolution and
initiate amendments or make
recommendations in conjunction therewith.
802.05 Invoke any authorized remedy for the enforcement of this
Resolution.
Board of
Adjustment: With regard to proper administration and enforcement of this
Resolution, the Red Willow County Board of Adjustment shall have the following
authorities:
802.06 Hear and decide appeals from and review any order,
requirement, decision or determination made
by the Zoning Administrator when such order, requirement, decision, or
determination is
appealed by the person(s)
affected by such order, requirement, decision or determination.
802.07 Hear and authorize specific appeals at variance with
the requirements of this Resolution that
would not be contrary to the public interest, where
owning to special conditions demonstrated and after written findings of
legitimate hardship, as defined and specified in Section 907.03 of this
Resolution, a literal enforcement of the provisions of this Resolution would
result in a legitimate and unnecessary hardship and not merely an
inconvenience.
802.08 Hear and decide appeals regarding interpretation of
zoning district boundaries, as indicated on
the Official Zoning Map, in
accordance with the requirements and limitations of this Resolution.
802.09 Prescribe uniform rules of procedure pertaining to
investigations, findings of fact, applications,
appeals and public hearings.
802.10 Invoke any legal remedy for the enforcement of this
Resolution including full power to order
discontinuance of any use and stays or work (stop
work orders) on any premises in violation of the requirements of this
Resolution.
Board of
Commissioners: With regard to proper
administration and enforcement of this Resolution, the Red Willow County Board
of Commissioners shall have the following authorities:
802.11 Hear and decide conditional use applications upon
which it is required to act under the terms of
this Resolution, after
recommendation from the Planning Commission.
802.12 Consider and adopt amendments to the text of this
Resolution and / or changes (rezonings) to the
Red Willow County Official Zoning Map, after review
and recommendation by the Planning Commission.
802.13 Consider and adopt a schedule of permit and
application fees for administration of this
Resolution.
802.14 Provide for the proper and constant enforcement of
this Resolution through appointment of a
Zoning Administrator and sufficient budget to enable
the Planning Commission, the Board of Adjustment, the Board of Commissioners,
the Zoning Administrator, the County Attorney and any other persons designated
by the Board of Commissioners to carry out the responsibilities assigned to
them by adoption of this Resolution.
Zoning
Administrator: With regard to proper
administration and enforcement of this Resolution, the Red Willow County Zoning
Administrator shall have the following authorities:
802.15 Make available to the public application forms for
amendments to this Resolution and / or
Official Zoning Map, for appeals to the Board of
Adjustment, and conditional use requests to the Board of Commissioners and to
issue zoning permits and certificates of zoning compliance (occupancy permits)
as required by the Resolution and to maintain records of all such applications
and permits issued.
802.16 Conduct inspections of buildings, structures, premises and the
uses of land to determine
compliance with the terms of this Resolution and
take actions appropriate for the enforcement of this Resolution in accordance
with Sections 803.03 and 803.04 of this Resolution.
802.17 Provide interpretation of the text of this
Resolution and the Official Zoning Map when necessary
and such other technical and clerical assistance as
the public, the Planning Commission, Board of Adjustment and Board of
Commissioners may require.
802.18 Maintain and provide information to the public
regarding the requirements of this Resolution and
provide for the timely publishing of legal notices
and other notifications relative to administration of this Resolution as
prescribed by law.
802.19 Maintain permanent and current records with regard
to this Resolution, including but not
limited to all maps, amendments, zoning permits,
certificates of zoning compliance, variances,
appeals, conditional uses and applications thereof together with all
records of meetings and public hearings pertaining to this Resolution.
SECTION 803 RESPONSIBILITES: The following shall be the responsibilities of the
various entities involved in the proper administration and enforcement of this
Resolution:
803.01 It is the intent of this Resolution that all
questions of interpretation and enforcement
regarding this Resolution shall first be presented
to the Zoning Administrator and that such questions shall be presented to the
Board of Adjustment only on appeal from a decision of the Zoning Administrator
and that recourse from the decisions of the Board of Adjustment shall be to the
district court, as prescribed by law.
803.02 It is further the
intent of this Resolution that the duties of the Board of Commissioners
relative to this Resolution
shall be limited to those specified in Section 802.11 through 802.14 herein and
shall not include the hearing and deciding questions of interpretation and
enforcement that may arise. The
procedure of deciding such questions shall be as stated in this Resolution.
803.03 If the Zoning Administrator shall find that
any of the provisions of this Resolution are
being violated, he / she shall notify the person(s)
responsible for such violation in writing, indicating the nature of the
violation and ordering the actions necessary to correct and eliminate such
violation. The Zoning Administrator shall have the full authority to order
discontinuance of prohibited or unauthorized uses of land, buildings or
structures, removal of prohibited or unauthorized buildings or structures or
prohibited or unauthorized additions thereto, discontinuance of any work being
done in violation of the requirements of the Resolution, and the taking of any
other legal action necessary to ensure compliance with and prevent violation of
the provisions of this Resolution.
803.04 The Zoning Administrator,
operating through the County or other designated Attorney,
shall have express authority to initiate and carry
out all legal actions appropriate and necessary to enforce the provisions of
this Resolution and any orders of the Board of Adjustment, without further
authorization by the Board of Commissioners.
Adoption of this provision by the County Board of Commissioners is
expressly intended to authorize the Zoning Administrator and County or other
designated Attorney to initiate and carry out all legal actions appropriate and
necessary to enforce the provisions of this Resolution that are applicable
under the laws of Nebraska.
SECTION 804 ZONING PERMITS
REQUIRED: No building, structure, or
land shall hereafter be used or occupied, and no building or structure or part
thereof shall hereafter be erected, constructed, reconstructed, enlarged, moved
or structurally altered without a zoning permit / certificate of zoning
compliance first being issued by the Zoning Administrator, provided that
non-residential farm buildings shall be exempt from such permit / certificate
of zoning compliance requirement and further provided that if a farm building
shall house a commercial, industrial or other non-agricultural use under the
definitions and terms of this Resolution, such building shall not be considered
a farm building, but rather a commercial, industrial or other non-farm building
and shall be subject to such zoning permit / certificate of zoning compliance
requirements. Waste handling facility
uses, as defined in this Resolution, which may be associated with any farm
building shall be considered a separate non-farm structure and / or use and
shall not be exempt from such permit requirements. Public entities and political
subdivisions shall not be required to obtain zoning permits for the
construction, repair, and/or erection of road signs, bridges, culverts and any
other structures upon and within public rights-of-way or easements of
record. No zoning permit or certificate
of zoning compliance shall be issued by the Zoning Administrator except in
conformity with all provisions of this Resolution unless the Zoning
Administrator shall receive written authorization from the Board of Adjustment
in the form of an administrative appeal, or receive written authorization from
the Board of Adjustment in the form of an approved variance or a written
authorization from the Board of Commissioners in the form of an approved
conditional use, as provided for in this Resolution.
SECTION 805 APPLICATION FOR A
ZONING PERMIT: The following requirements
shall apply to all requests for a zoning permit:
805.01 All applications for a zoning permit shall be
made on forms prescribed for such
application by the Board of Commissioners and shall
have incorporated into said forms a place for drawing of a plot plan showing
the actual dimensions and shape of the lot to be built upon, the sizes and locations of all existing and
proposed parking areas, water supply and sewage disposal facility locations,
and such other information as may be pertinent to said application.
805.02 The application shall include, the name(s),
address(es) and telephone number(s) of the
applicant and such other information as may be
lawfully required by the Zoning Administrator, including existing and proposed
uses of land, buildings and structures, existing or proposed building or
structure alterations, the number of families, housekeeping units on the
premises, conditions existing on the premises, provisions for water supply,
sewage disposal and such other information as may be necessary to determine
conformance with the requirements of the Resolution and enforcement thereof.
805.03 Upon receipt of a complete zoning permit
application and receipt of any applicable
application fee, the Zoning Administrator shall make
two (2) copies of the zoning permit application and return one (1) copy to the
applicant after he / she has marked the copy of the permit as approved or
disapproved and attested to same by his / her dated signature. If a zoning permit application is denied,
the Zoning Administrator shall state the reason(s) for such denial in writing
and attach the same to the applicant’s copy of the application. The Zoning Administrator shall mark the
original of the zoning permit application as approved or disapproved in the
same manner as the copy and shall maintain said original together with written
reason(s) for denial of said application in the permanent files of the County.
805.04 When the Zoning Administrator approves a
zoning permit for erection of any building or
structure or erection of any addition to or
alteration thereof, he / she shall
issue one (1) copy of such approved zoning permit to the Red Willow County
Assessor.
805.05 Zoning permits issued on the basis of plot
plans and information presented by the
applicant and approved by the Zoning Administrator
shall authorize only the use, arrangement and construction set forth in such
plot plan and permit and no other use, arrangement or construction. If the Zoning Administrator determines that
the use, arrangement or construction developed under any approved permit is not
proceeding according to the approved permit and applicable regulations or
conditions, the Zoning Administrator shall revoke said permit and issue a
written stop work order and require that such use, arrangement or construction
be brought into conformance with the approved permit.
SECTION 806 LIMITATION OF
ISSUANCE OF ZONING PERMIT: Notwithstanding of
provisions of this Resolution, in the event a conditional use application has
been duly filed with the zoning administrator and the use and/or location of
such use proposed in said conditional use application would, due to setback or
other requirements of this Resolution, restrict or otherwise prohibit the issuance
of a zoning permit for another use on any neighboring property, a zoning permit
for any use on neighboring property which would be restricted or prohibited by
the authorization of said conditional use shall not be issued by the Zoning
Administrator until the application for conditional use has been decided by the
County Board of Commissioners in accordance with the requirements of this
Resolution. In the event such
conditional use is authorized, a zoning permit for a use, which would be
restricted or prohibited on neighboring property, shall be issued only in
conformance with the resulting restriction(s) or shall not be issued if the
requested use would then be prohibited.
SECTION 807 EXPIRATION OF
ZONING PERMIT: If the work described in any
approved zoning permit has not been initiated within ninety (90) calendar days
of the date of approval of such permit or if work described in any approved
permit has not been completed within two (2) years of the date of approval of
such permit, the said permit shall
expire and be canceled by the Zoning Administrator and written notice of such
cancellation shall be provided to the person(s) affected together with written
notice that further work, as described in the canceled permit is prohibited,
unless the applicant can qualify for a new zoning permit.
SECTION 808 CERTIFICATES OF
ZONING COMPLIANCE FOR NEW USE OR CHANGE OF USE: The
following requirements shall apply to the issuance of all certificates of
zoning compliance (occupancy permits):
807.01 It shall be unlawful to use or occupy or
permit the use or occupancy of any building or
premises or both or part thereof hereafter created,
erected, changed, converted or wholly or partly altered or enlarged in its use
until a Certificate of Zoning Compliance shall have been issued therefore by
the Zoning Administrator
807.02 No Certificate of Zoning Compliance shall be
issued by the Zoning Administrator except
in conformity with all provisions of this Resolution
unless the Zoning Administrator shall receive written authorization from the
Board of Zoning Adjustment in the form of an administrative appeal review or
approved variance or a written authorization from the Board of Commissioners in
the form of an approved conditional use, as provided for in this Resolution.
807.03 Zoning permits, issued on the basis of plot
plans and information presented by the
applicant and approved by the Zoning Administrator,
shall authorize only the use, arrangement and construction set forth in such
approved plot plans and permit and no other use, arrangement or construction
developed under any approved permit is not according to the approved zoning
permit and applicable regulations or conditions, the Zoning Administrator shall
not issue a Certificate of Zoning Compliance, but shall instead inform the
applicant in writing of the violations and specify the actions necessary to
bring such use, arrangement or construction into compliance with the approved
zoning permit.
807.04 A Certificate of Zoning Compliance, once
issued, shall remain in effect so long as the use
of the land, buildings and
structures is used in accordance with said Certificate.
SECTION 809 FAILURE TO OBTAIN ZONING PERMIT/CERTIFICATE
OF ZONING COMPLIANCE:
Failure to obtain required Zoning Permits and Certificates of Zoning Compliance or failure to comply with the plans and application information under which such permits or certificates were issued shall be a violation of this Resolution and be punishable as provided in Section 1202 if this Resolution.