Section 1. Title....................... 1
1.01 1
Section 2. Purpose and Intent....................... 1
2.01 1
Section 3. Authority and General Provisions....................... 2
3.01 Authority 2
3.02 Jurisdiction 2
3.03 Scope 2
3.04 Districts 2
3.05 District Boundaries & Official Map 2
3.06 Changes to Official Zoning Map 2
3.07 Disincorportation 2
3.08 Rules Where Uncertainty May Arise 2
3.09 Exemptions 3
3.10 Interpretation 3
3.11 Seperability 3
3.12 Amendments 3
3.13 Repeals 3
Section 4. Rules & Definitions 4
4.01 Rules 4
4.02 Definitions 4
Section 5. Agricultural Zoning District 9
5.01 Intent 9
5.02 Permitted Uses 9
5.03 Conditional Uses 10
5.04 Height Regulations 11
5.05 Lot Requirements 11
5.06 Access Roads 12
Section 6. RE Residential Estate District 12
6.01 Intent 12
6.02 Permitted Uses 12
6.03 Conditional Uses 12
6.04 Height Regulations 13
6.05 Lot Regulations 13
6.06 Livestock Regulations 13
Section 7. RL Residential District 14
7.01 Intent 14
7.02 Permitted Uses 14
7.03 Conditional Uses 14
7.04 Height Regulations 14
7.05 Lot Regulations 14
Section 8. TS Tourist Service District 15
8.01 Intent 15
8.02 Permitted Uses 15
8.03 Conditional Uses 15
8.04 Intensity of Use Regulations 16
8.05 Height Regulations 16
8.06 Landscaping Regulations 16
8.07 Performance Standards 16
8.08 Campgrounds 17
8.09 Temporary Vending 17
Section 9. CB Community Business District 17
9.01 Intent 17
9.02 Permitted Uses 17
9.03 Conditional Uses 18
9.04 Intensity of Use Regulations 19
9.05 Height Regulations 19
Section 10. LI Light Industrial District 19
10.01 Intent 19
10.02 Permitted Uses 19
10.03 Conditional Uses 20
10.04 Height Regulations 20
10.05 Yard Regulations 20
10.06 Hazardous Materials 20
Section 11. HI Heavy Industrial District 20
11.01 Intent 20
11.02 Permitted Uses 20
11.03 Conditional Uses 21
11.04 Height Regulations 21
11.05 Yard Regulations 21
11.06 Landscaping Regulations 21
11.07 Hazardous Materials 21
Section 12. FP Flood Plain Overlay District 21
12.01 Intent 21
12.02 Permits 21
12.03 Procedure 22
12.04 New Water and Sewer 23
12.05 Maintained Flood Carrying Capacity 23
Section 13. Supplementary District Regulations 24
13.01 Home Occupations 24
13.02 Temporary Uses Permitted 24
13.03 Fences, Hedges and Walls 25
13.04 Supplementary Lot Area and Lot Width Regulations 25
13.05 Supplementary Yard Regulations 26
13.06 Building Height Regulations 26
13.07 Off-Street Parking Requirements 27
13.08 Airport Requirements 28
13.09 Tree Planting Requirements 28
Section 14. Mobile Home Park Regulations 28
14.01 Intent 28
14.02 Development Standards 28
14.03 Bonding 29
14.04 Livestock 29
Section 15. Sign Regulations 29
15.01 General Regulations 29
15.02 Residential Areas 29
15.03 Agricultural Areas 30
15.04 Commercial and Industrial Areas 30
15.05 Advertising Signs and Billboards 30
15.06 Temporary Signs 30
15.07 Political Signs 30
Section 16. Feedlot/Confinement Regulations 30
16.01 Feedlot/Confinement Regulations 30
16.02 Grandfather Clause 30
16.03 Permit Validity 30
16.04 Procedure 30
16.05 Feedlot/Confinement Development Standards 31
16.06 Financial Assurance 32
16.07 Allowable financial assurance mechanisms 32
Section 17. Communication Tower Regulations 33
17.01 General Standards 33
17.02 Application Requirements 33
Section 18. Mining Regulations 33
18.01 General Standards 33
Section 19. Non-Conforming Uses 34
19.01 General 34
19.02 Nonconforming Lots of Record 34
19.03 Nonconforming Structures 34
19.04 Nonconforming Uses 34
Section 20. Conditional Uses 35
20.01 Conditional Use Permits 35
20.02 Application requirements for a Conditional Use Permit 36
20.03 Duties of the Zoning Administrator 37
20.04 Duties of the Planning Commission 38
20.05 Duties of County Board of Commissioners 39
20.06 Design Standards for Conditional Use Permit 40
20.07 Operation Standards for Conditional Uses 40
Section 21. Planned Unit Developments PUDs 40
21.01 Intent 40
21.02 Procedures 40
21.03 Standards 41
Section 22. Subdivision Regulations 42
22.01 Intent 42
22.02 Purpose 42
22.03 Definitions 42
22.04 Applicability 42
22.05 Procedure 42
22.06 Natural Resource Regulations 47
22.07 Design Guidelines 47
22.08 Required Improvements 49
22.09 Public Lands and Reservations 49
22.10 Operation and Maintenance 49
22.11 Variances 50
22.12 Final Plat Development Requirements 50
Section 23. Board of Adjustment 50
23.01 Board of Adjustment Membership 50
23.02 Board of Adjustment Meetings 50
23.03 Duties 50
23.04 Applications 51
23.05 Variances and Building Permits 52
23.06 Appeals from the Board 52
23.07 Board of Adjustment Decisions 52
Section 24. Amendments to Zoning Resolution Map 52
24.01 Amendment to the Zoning Resolution Map 52
24.02 Duties of Zoning Administrator(s) 52
24.03 Duties of Planning Commission 53
24.04 Duties of the Board of Commissioners 54
24.05 Application Requirements for a Change of Zone Classification 55
24.06 Effective Date of Approved Amendments 56
24.07 Similar Amendments 56
Section 25. Amendments to the Text of Zoning Resolution 56
25.01 Amendments to the Text of the Zoning Resolution 56
25.02 Duties of Zoning Administrator(s) 56
25.03 Duties of the Planning Commission 56
25.04 Duties of the Board of Commissioners 57
Section 26. Administration 57
26.01 Administration Procedure 57
26.02 Permits Required 57
26.03 Permit Fees 58
26.04 Liability for Damages 58
26.05 Minor Variations 58
Section 27. Notices 58
27.01 References to Notice Requirements 58
27.02 Method of Giving Notice 58
27.03 Exceptions to Notice Requirements 58
Section 28. Enforcement 58
28.01 Zoning Violations 58
28.02 Violations and Penalties 58
28.03 Enforcement Procedure 59
28.04 Attorney 59
28.05 Civil Action 59
Section 29. Wellhead Protection Regulations 59
Section 30. Miscellaneous 60
30.01 Invalidity in Part 60
30.02 Conflicting Resolution 60
30.03 Effective Date 60
30.04 Publications 60
A RESOLUTION OF CHEYENNE COUNTY, NEBRASKA,
ESTABLISHING LAND USE ZONING AND SUBDIVISION STANDARDS WITHIN THE
UNINCORPORATED AREAS OF CHEYENNE COUNTY; ESTABLISHING ZONING DISTRICTS;
ADOPTING MAPS OF SAID AREAS AND ZONING DISTRICTS THEREIN; REGULATING THE USE OF
LAND ITS DEVELOPMENT INCLUDING BUT NOT LIMITED TO THE USE, SETBACK, LOT AREA,
LOT WIDTH, YARDS, AND HEIGHT OF BUILDING; PLATTING, DIVISION, IMPROVEMENTS
REQUIRED, DESIGN STANDARDS; PROVIDING FOR THE ADMISISTRATION, ADJUSTMENT,
ENFORCEMENT AND AMENDMENT THEREOF; DEFINING CERTAIN TERMS USED HEREIN;
PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS; AND REPLACING ALL
RESOLUTIONS IN CONFLICT HEREWITH.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF CHEYENNE COUNTY, NEBRASKA THAT THIS RESOLUTION SHALL APPLY TO THE
UNINCORPORATED AREAS WITHIN CHEYENNE COUNTY, NEBRASKA; AND DISTRICTS AND THEIR
RELATED STANDARDS SHALL BE ESTABLISHED AS DEFINED HEREIN AND THE ZONING MAP
ADOPTED AND MADE PART HEREOF:
1.01. A Comprehensive Zoning Code
for Cheyenne County is established as set out in this Resolution. This
Resolution and any later amendments to it shall be known as the “Cheyenne
County Zoning and Subdivision Resolution” and may be cited by that name.
2.01. This zoning Resolution is
intended to provide a unified regulatory system for land use in Cheyenne
County. The zoning Resolution is designed to serve the following purposes:
1. To
promote the health, safety, morals, comfort and general welfare of the present
and future residents of Cheyenne
County.
2. To
secure safety from fire, flood, panic, and other dangers.
3. To
preserve and protect property values throughout Cheyenne County.
4. To
protect the tax base of Cheyenne County.
5. To
regulate the height, number of stories, and size of buildings and other
structures; the percentage of lot coverage; the
size
of yards and other open spaces, and the density of population.
6. To create zoning districts within
the unincorporated areas of Cheyenne County.
7. To regulate the location and use of
buildings and land within each district or zone.
8. To enforce and maintain the
objectives and policies of the Cheyenne County Comprehensive Plan.
9. To encourage the most appropriate
use of land.
10. To lessen congestion in the streets.
11. To provide adequate light and air.
12. To prevent the overcrowding of land
and avoid undue concentration.
13. To
facilitate the adequate provision of transportation, water, sewage, schools,
parks, and other public requirements.
14. To secure economy in government expenditures.
15. To
preserve, protect, and enhance historical buildings, places, and districts.
16. To
preserve quality agricultural lands.
SECTION 3. AUTHORITY AND GENERAL PROVISIONS
3.01.
Authority:
Cheyenne County is authorized by law to regulate zoning, planning subdivision
of land, and building by virtue of Section 23-114 RR Nebraska Statutes as
amended, and is hereby declared to be in accordance with all provisions of
these statutes.
3.02.
Jurisdiction: This Resolution shall apply to the unincorporated areas
within the boundaries of Cheyenne county, Nebraska in the planning and zoning
jurisdiction set forth by Nebraska law, as may be amended when necessary.
3.03
Scope: Except as may hereinafter be specified, no land, building structure,
or premises, hereafter shall be used or occupied and no structure may be
located, constructed, extended, converted, structurally altered or otherwise
developed without full compliance with the terms of this Resolution. Any
structure or use lawfully existing at the effective date of this Resolution but
not in conformity with the regulations of the appropriate zoning district may
be continued, subject to the regulations of Section 19.
3.04.
Districts: In order to carry out the purpose and intent of this Resolution,
the unincorporated area of Cheyenne County, Nebraska is hereby divided into the
following zoning district classifications:
A Agriculture District
RE Residential Estate District
RL Residential Low Density District
CB Community Business District
TS Tourism Service District
LI Light Industrial District
HI Heavy Industrial District
FP Floodplain District
3.05.
District Boundaries and Official Map: The boundaries of the zoning
districts are indicated upon the Official Zoning Map of Cheyenne County, Nebraska,
which map is made a part of this Resolution by reference hereto. The Official
Zoning Map and all the notations, references, and other matters shown thereon
shall be as much a part of this Resolution as if the notations, references and
other matters set forth by said map were all fully described herein. The
official Zoning Map shall be on file in the Cheyenne county Courthouse and
shall bear the signature of the Chairperson of the Board of Commissioners
attested by the County Clerk, under the certification that this is the Official
Zoning Map of the Cheyenne County Zoning Resolution.
3.06.
Changes to Official Zoning Map: If in accordance with the provisions of
this Resolution, changes are made in the district boundaries or other matters
portrayed on the Official Zoning Map, the resolution number and date of said
change shall be recorded by the County Clerk on the Official Zoning Map. The
County Board may from time to time adopt a new Official Zoning Map, in the
event that the boundary changes, or to correct drafting errors or omissions;
provide, however, that any such adoption shall not have the effect of amending
the original Zoning Resolution or any subsequent amendment thereof.
3.07.
Disincorporation: All territory which may hereafter become part of the
unincorporated area of Cheyenne County, Nebraska which is regulated by this
Resolution by the disincorporation of any city or village, or any part thereof,
shall automatically be classified as lying and being in the RL Residential Low
Density District until such classification shall have been changed by amendment
of this Resolution as provided by law.
3.08.
Rules Where Uncertainty May Arise: Where uncertainty exists with respect to
the boundaries of the various districts the following rules apply:
1. The district boundaries are the
centerline of roads, alleys, waterways, or other public right-of-way, unless
otherwise indicated; and where the designation of a boundary line coincides
with the location of roads, alleys waterways, or other public right-of-way, the
centerline of the roads, alleys, waterways, or other public right-of-way shall
be construed to be the boundary line of the district.
2. Where the district boundaries do
not coincide with the location of roads, alleys, waterways, or other public
right-of-way, but do coincide with platted lot-lines, the lot-line shall be
construed to be the boundary of the district.
3. Where the district boundaries do
not coincide with the location of roads, alleys, waterways, or other public
right-of-way, but do coincide with section lines, quarter lines, quarter
section lines, or quarter – quarter section lines, the section lines, quarter
lines, quarter section lines, or quarter – quarter section lines shall be
construed to be the boundary of the district.
4. Boundaries following railroad lines
shall be construed to be midway between the main tracks.
3.09.
Exemptions: The following structures and uses shall be exempt from the
provisions of these regulations:
1. Poles, wires, cables, conduits,
vaults, laterals, pipes, mains, valves, or other similar equipment for the
distribution to consumers of telephone or other communications, electricity,
gas, or water, or the collection of sewage or surface water operated or
maintained by a public utility but not including substations located on or
above the surface of the ground.
2. Public signs, erected by or on
behalf of a governmental entity.
3.10.
Interpretation: In the interpretation and application of the provisions of
this Resolution, the following regulations set forth below shall govern:
1. Minimum Requirements: In their
interpretation and application, the provision of these regulations shall be
held to be the minimum requirements for the promotion of the public health,
safety, morals and welfare.
2. Overlapping or Contradicting
Regulations: Where the conditions imposed by any provisions of these
regulations upon the use of land or structures are either more restrictive or
less restrictive than comparable conditions imposed by any other provision of
these regulations or any provision of any other law, resolution, rule or
regulation of any kind, the regulations which are more restrictive shall govern
unless specifically excepted.
3. Private Agreements: These
regulations are not intended to abrogate, annul or otherwise interfere with any
easement, covenant or other private agreement or legal relationship; provided,
however, that where the provisions of these regulations are more restrictive
(or impose higher standards or requirements) than the easements, covenants or
other private agreements or legal relationships, the provisions of these
regulations shall govern.
4. Unlawful Uses: The adoption of
these regulations shall not be interpreted as retroactively legalizing a use or
structure which was illegal under previous law.
3.11.
Separability: It is hereby declared to be the intention of Cheyenne County
that the provisions of these regulations are separable, in accordance with the
following rules:
1. If any court of competent
jurisdiction shall adjudge any provision of these regulations to be invalid,
the judgment shall not affect any other provisions of these regulations.
2. If any court of competent
jurisdiction shall adjudge invalid the application of any provisions of these
regulations to a particular property or structure, the judgment shall not
affect the application of the provisions to any other property or structure.
3.12.
Amendments: Any provision of this Resolution from time to time may be
amended, supplemented, changed, modified, or repealed by the governing body
according to law; provided, however, that such amendments, supplements,
changes, modifications, or repealed provisions shall not become effective until
after the study and report by the Planning Commission.
3.13.
Repeals:
1. All Resolutions of the County
inconsistent herewith to the extent of such inconsistency, and no further, are
hereby repealed.
2. The repeal of any of the above
mentioned does not revive any other Resolutions or portions thereof repealed by
said Resolutions.
3. Such repeals shall not affect or
prevent the prosecution of punishment of any person for the violation of any
Resolution repealed hereby, for any offense committed prior to repeal.
SECTION 4. RULES
AND DEFINITIONS:
4.01. Rules:
1. In the construction of these
regulations, the provisions and rules of this section shall be preserved and
applied, except when the context clearly requires otherwise:
A. Words used in the present tense shall include the future tense.
B. Words in the singular number include the plural number and words in the plural number include the singular number.
C. The phrase “used for” shall include the phrases “arranged for”, “designed for”, “intended for”, “maintained for” and “occupied for”.
D. The word “shall” is mandatory, the word “may” is permissive.
E. The word “person” includes individuals, firms, corporations, associations, governmental bodies and agencies, and all other legal entities.
F. Unless otherwise specified, all distances shall be measured horizontally.
G. The word “County” means Cheyenne County, Nebraska.
H. The abbreviation N/A means not applicable.
I. In the event that there is any conflict or inconsistency between the heading of a section, subsection or paragraph of this Resolution and the context thereof, the headings shall not be deemed to effect the scope, meaning or intent of the context.
J. The words “County Board” shall mean the Cheyenne County, Nebraska Board of Commissioners.
K. The words “Planning Commission” shall mean the Planning Commission duly appointed by the County Board.
2. Any word or phrase which is defined
in this section, and used within this Resolution, shall have the meaning as so
defined whenever the word or phrase is used, unless the definition is expressly
limited in its meaning or scope.
4.02. Definitions: For the purpose of this Zoning Resolution, certain terms or words used herein shall be interpreted or defined as follows, unless the context clearly indicates otherwise.
1. Accessory Building: A
subordinate building which serves a function customarily incidental to that of
the main building. Customary accessory buildings include but are not limited to
garages, carports, barns, storage sheds, and all non-residential farm
structures.
2. Accessory Use: A subordinate
use which serves a function customarily incidental to that of the main
building. Customary accessory buildings include but are not limited to garages,
carports, and small storage sheds.
3. Adjacent: When used to
indicate land in the immediate vicinity of a lot, means land which shares a
boundary line with the lot in question or which would share a boundary line
with a lot in question or which would share a boundary line were it not for the
separation caused by a street or any other public right-of-way.
4. Agriculture: The act of
using the land to raise crops or livestock on a farm along with the necessary
accessory uses for packing, treating, or storing of the produce: provided,
however, that the operation of such accessory uses be secondary to that of
normal agricultural activities. (See farm)
5. Alleys: Minor ways which are
used primarily for vehicular service access to the back or the side of
properties otherwise abutting a street.
6. Alteration: Alteration, as
applied to a building or structure, is a change or rearrangement in the
structural parts of an existing building or structure. Enlargement, whether by
extending a side, increasing in height, or moving from one location or position
to another, shall be considered an alteration.
7. Arterioles: Consists of a
group of highways of less importance than the state and federal system,
permitting through travel within the County and linking areas of small population,
not served by the state and federal system but still well traveled.
8. Bed and Breakfast: Any place
of lodging that provides rented rooms to six (6) or fewer people for a period
not to exceed seven (7) days per renter at a time, that is the personal residence
of the owner, that is occupied by the owner at the time of rental.
9. Building:
Any structure designed or intended for the enclosure, shelter or protection of
persons, animals or property, but not a fence or similar enclosure which is
permanently affixed to the land, has one or more floors and a roof, and is
bounded by either open space or the lot lines of a lot in any Residential
District, any dwelling shall be deemed to be the principal building on the lot
which the same is situated.
10. Building, Height: The
vertical dimension measured from the average elevation of the finished lot
grade at the front of the building to the highest point of the ceiling of the
top floor in the case of a flat roof; to the deck line of a mansard roof; and
to the average height between the plate and ridge of a gabled, hip or gambrel
roof. Chimneys, cooling towers, elevator head-houses, fire towers, grain
elevators, monuments, stacks, stage towers or scenery lofts, tanks, water
towers, ornamental towers/spires, church steeples, radio/television towers,
antennas or necessary mechanical appurtenances usually required to be placed
above the roof level and not intended for human occupancy, are not subject to
the height limitations contained in the District Regulations.
11. Cheyenne County: Cheyenne
County, Nebraska
12. Collector: Consists of a
group of highways which pick up local traffic and carry it to community centers
or to arterial systems. They Typically are main school bus routes, mail routes
and farm to market routes.
13. Communication Tower: Any
structure used to elevate a transmitter for radio, television, telephone, or
any other types of communication.
14. Comprehensive Plan: Is
the plan or series of plans for the future development of Cheyenne County
recommended by the Planning Commission and adopted by the County Board.
15. Conditional Use Permit: A
Conditional Use Permit is a written permit issued by the County Board. This
Conditional Use Permit provides permission under specific conditions to make
certain conditional uses of land in certain zoning districts as stipulated
under exceptions in each of the district zoning regulations.
16. County: Shall mean Cheyenne
County, Nebraska
17. County Board: The Board of
Commissioners of Cheyenne County, Nebraska
18. Developer: The legal or
beneficial owner or owners of any of the land proposed to be included in a
given development, or the authorized agent therefore, including the holder of
the option or contract to purchase, or other individual having an enforceable
legal interest in such land.
19. Development: Any man-made
change to alter the existing land use of a parcel of land including but not
limited to: buildings, structures, mining, dredging, filling, grading, paving,
excavating, or drilling operations.
20. District: A section or
sections of the area within the zoning jurisdiction of the County for which
uniform regulations governing the use, height, area, size, density, and
intensity of the use of buildings, land, and open spaces are established.
21. Dwelling: A building or
portion thereof, designed and used for residential purposes, but not including
recreational travel trailers or motor homes not used as a permanent residence.
22. Dwelling, Accessory: A
dwelling located on the same lot as the principal or primary dwelling.
23. Dwelling, Non-Farm: A
dwelling occupied by a person or persons in which either the head of the
household or the spouse of the head of the household are not engaged in
agriculture.
24. Dwelling, Single Family: A
dwelling having accommodations for an occupied exclusively by one family other
than a mobile home and intended to be occupied by not more than one family, and
which has not less than one bathroom and a minimum floor area of 850 square
feet unless otherwise specified within the appropriate zone district.
25. Dwelling, Single-Family Attached
or Town House: A portion of a dwelling having accommodations for and
occupied exclusively by one family, and which is located on a separate lot of
record apart from the remaining portions of the building. Each dwelling may be
sold independently of the other portions.
26. Dwelling, Two-Family: A
dwelling on a single lot of record having accommodations for and occupied
exclusively by two families, independently.
27. Dwelling, Multiple-Family: A dwelling having accommodations
for an occupied exclusively by more than two families, independently with a
minimum floor area of 500 square feet per unit including balconies. (Does not
include motels or hotels)
28. Dwelling Unit: One room or rooms including at least one
single kitchen; designed for or occupied as a unit by one family, for living
and cooking purposes, located in a one-family or multiple-family dwelling.
29. Easement: Is a grant by the
property owner to the public, a corporation, or persons of the use of a tract
of land for a specified purpose or purposes.
30. Employees: The gross number
of persons to be employed in the building in question during any season of the
year at any time of the day or night.
31. Exotic Animal: Any vertebrate
animal except fishes and amphibians that is not defined herein as livestock or
household pet.
32. Farm: An area of land 40
acres or larger from which $1000 or more of agricultural products are produced
and sold.
33. Feedlot/Confinement: A
lot, yard, corral, building or other area in which livestock are confined,
primarily for the purposes of feeding and growth prior to slaughter or the sale
of products derived from such animals. The term does not include areas which
are used for the raising of crops or other vegetation, and upon which livestock
are allowed to graze. All feedlot/confinement facilities located within ¼ mile
of any other feedlot/confinement facilities that are under the ownership or
management of the same operation shall be considered a single
feedlot/confinement operation. Additionally, feedlot/confinement operations
shall be broken into three classes:
Class I: Feedlot/Confinements with less than 250
animals.
Class II: Feedlot/Confinements with 250 to 999
animals.
Class III: Feedlot/Confinements with 1,000 or more
animals.
34. Feedlot/Confinement,
Expansion: To increase the facility’s maximum capacity to confine or pen
livestock.
35. Flood: A general and
temporary condition of partial or complete inundation of normally dry land areas
from the overflow of inland waters or the unusual and rapid accumulation or
runoff of surface waters from any source.
36. Floor Area: The gross floor area of the building measured
along the outside walls of the building and including each above ground floor
level, but not including basements, open balconies, garages.
37. Guest House: An accessory use
designed for the temporary lodging of guests in a unit not having a kitchen or
kitchen appliances.
38. Home Occupation: A business,
profession, service or trade conducted for gain or support entirely within a
residential building or its accessory structures. Home offices shall not be
considered home occupations. (See Section 13.01 for requirement).
39. Hotel or Motel: A building or
portion thereof, or a group of buildings, used as a transient abiding place
with six or more guest rooms which may or may not serve meals and whether the
establishments are designated as a hotel, inn, automobile court, motel, motor
inn, motor lodge, motor court tourist cabin, tourist court, or other similar
designations.
40. Household Pet: Any domestic
dog, domestic cat, rodent, bird or non-venomous species of reptile. However,
crocodiles, alligators, gorillas, baboons, chimpanzees, orangutans, members of
the class apes, order falcons (e.g.: hawks, eagles, vultures, etc.) and animals
defined as livestock shall not be considered pets.
41. Kennel – Boarding: Any place,
area, building, or structure where dogs (including those under one year of age)
are boarded, housed, cared for, fed or trained by other than the owner. For the
purposes of this Resolution, no animals within a Boarding Kennel shall be
considered pets.
42. Kennel – Breeding: Any place,
area building or structure where more than one dog is kept for purposes of
breeding or raising for a fee. For the purposes of this Resolution, no animals
within a Breeding Kennel shall be considered pets.
43. Landscaping or Landscaped:
Any combination of living plant materials such as trees, shrubs, grass and
herbaceous plants, and including but not limited to organic decorative
materials such as gravel, rock, and bark, provided, however, that at least 25%
of the required landscaped area be covered by living plant material.
44. Livestock: All cattle, bison,
horses, mules, burros, sheep, goats, swine, poultry, llamas, ostriches, and elk
shall be considered livestock. Additionally, any other animal or fowl which are
being produced primarily for use as food or food products for human consumption
shall be considered livestock.
45. Local Street: Consist of all
remaining rural roads, generally described as land access roads providing
service to adjacent land and dwellings.
46. Lot: A parcel of land
occupied or designed to be occupied by one or more buildings, structures, or
uses, together with such open areas as are required by this Resolution.
47. Lot, Area: The total
horizontal area within the lot lines of a lot.
48. Lot, Width: The distance
parallel to the front lot line, measured between side lot lines through that
part of the building or structure where the lot is narrowest.
49. Lot Line, Front: The property
line dividing a lot from a street. On a corner lot only one street line shall
be considered as a front line and the shorter street frontage shall be
considered the front line.
50. Lot Line, Rear: The line
opposite the front lot line.
51. Lot Line, Side: Any lit lines
other than front lines or rear lines.
52. Lot Reversed Corner: A corner
lot having its side street line substantially a continuation of the front lot
line of the first lot of its rear.
53. Manufactured Home: A
factory built structure which is to be used as a place for human habitation,
which is not constructed or equipped with a permanent hitch or other device
allowing it to be moved other than to a permanent site, which does not have
permanently attached to its body or frame any wheels or axles, and which bears
a label certifying that it was built in compliance with national manufactured
home construction and safety standards, 24 C.F.R. 3280 et seq., promulgated by
the United States Department of Housing and Urban Development.
54. Mining: The act of recovering
(and removing from the site) minerals, sand, gravel, rock, coal, or other
resources from the land in the amount of 1,000 or more cubic yards when not
associated with farming or ranching practices, water or soil conservation, or
the construction of buildings or roads.
55. Mobile Home: A moveable or
portable dwelling constructed to be towed on its own chassis, connected to
utilities and designed with or without a permanent foundation to be used for
year around living, which may consist of one or more units that can be
telescoped when towed and expanded later for additional capacity, or of two or
more units, separately towable but designed to be joined into one integral
unit, which shall include a manufactured home.
56. Mobile Home Park: Any area of
land upon which one (1) or more mobile homes or manufactured homes are parked,
connected to utilities and used by one (1) or more persons for living or
sleeping purposes. A mobile home or manufactured home parked in this area can
either be placed on a permanent foundation or supported only by its wheels,
jacks, blocks, or skirtings or a combination of these devices. A mobile home
park includes any premises set apart for supplying to the public parking space,
either free of charge or for revenue for one (1) or more mobile homes or
manufactured homes, connected to utilities and used by one (1) or more persons
for living or sleeping purposes, and shall include any building, structure,
tent, vehicle or enclosure used or intended for use as a part of the equipment
of the mobile home park; and shall include any buildings, structures, tents,
vehicles, or enclosures used or intended for use or intended wholly or in part
for the accommodation of automobile transients.
57. Modular Home: Any
prefabricated structure of conventional construction, built to the Uniform
Building Code (UBC), used for dwelling purposes moved on to a site in
essentially complete constructed condition, in which the metal frame is removed
and the weight of the dwelling is distributed to the perimeter onto a permanent
foundation with permanent connections, and when completed, is a single-family
unit. Modular Homes shall be considered singe-family dwellings for the purposes
of this Resolution. This does not include doublewide mobile homes or
manufactured homes.
58. Nonconforming Structure:
A structure which does not comply with the lot size requirement or regulations
applicable to new structures in the zoning district in which it is located.
59. Nonconforming Use: An
existing use of a structure or land which does not conform to the zoning
regulations.
60. Offset: The horizontal
distance between any building and a lot line, other than a street right-of-way.
61. Planning Area: The statutory
zoning jurisdiction of Cheyenne County.
62. Planning Commission: The
Cheyenne County Planning Commission which is the appointed planning body
designated by the County governing body as authorized by statute.
63. Principal Use or Structure:
The predominate use of land or structures as distinguished from an accessory
use.
64. Professional Office: An
office for professions such as physicians, dentists, lawyers, architects,
engineers, artists, musicians, designers, teachers, accountants and others, who
through training are qualified to perform services of a professional nature,
and where no storage or sale of merchandise exists.
65. Public Utility: Any business
which furnishes to the general public:
A. Telephone
service.
B. Telegraph service.
C. Electricity.
D. Natural gas.
E. Water, sewer and garbage collection.
F. Any other business affecting the public interest as to be
subject to the supervision or regulation by an agency of
the state.
66. Right-of-way: An area dedicated
to the public use which provides access to adjacent properties.
67. Screened: Construction and
maintenance of fences, earth berms or the use of landscaping materials or other
materials used to lessen the noise, light, or visual impacts of a land use on
surrounding land uses.
68. Setback: The horizontal
distance between any building and the established public or private street
right-of-way line.
69. Sign: Any device which shall
display or include any letter, word, model, flag, pennant, insignia, device, or
representation used as, or which is in the nature of an advertisement or
announcement which directs attention to an object, product, place, activity,
person, institution, organization, or business, but shall not include any
display of governmental notice or official flag.
70. Sight Triangle: An area at a
street intersection in which nothing shall be erected, placed, planted, or
allowed to grow in such a manner as to materially impede vision between a
height of 2-1/2 feet and 10 feet above the grades of the bottom of the curb of
the intersecting streets, measured from the point of intersection of the
centerline of the streets, 66 feet in each direction along the centerline of
the streets. At the intersection of major or arterial streets, the 66-foot
distance shall be increased to 100 feet for each arterial leg of the
intersection.
71. Street: A public thoroughfare
with at least 30 feet of right-of-way which affords the principal means of
access to abutting property.
72. Structure: Anything constructed
or erected, the use of which requires a permanent location on the ground or
attachment to something having a permanent location on the ground, but not
including fences or public items such as utility poles, street light fixtures,
and street signs.
73. Structural Alterations: Any
change in the supporting members of a building, such as bearing walls or
partitions, columns, beams, or girders, or any complete rebuilding of the roof
or the exterior walls. For the purpose of this regulation, the following shall
not be considered a structural alteration:
A. Attachment
of new façade where structural supports are not changed.
B. Addition of fire escapes where structural supports
are not changed.
C. New windows or doors.
D. Repair or replacement of non-structural members.
74. Subdivider: The owners,
developers, or agents of persons or corporations affecting subdivision.
75. Subdivision: The division of
a parcel of land into two (2) or more lots or parcels for the purpose of
transfer of ownership, building development, or, if a new street is involved,
any division of a parcel f land. The term includes resubdivision and, when
appropriate to the context, shall relate to the process of subdividing or to
the land subdivided.
76. Temporary: Les than six (6)
months.
77. Unincorporated Community: For the purpose of this
Resolution, the unincorporated communities in Cheyenne County shall be Sunol,
Brownson, Lorenzo, Western Nebraska Community Complex Residential Area, and any
area designated as unincorporated after the adoption of this Resolution.
78. Variance: A variance is a
relaxation of the terms of this Zoning Resolution that may be granted by the
Board of Adjustment under the provisions of Section 23.
79. Yard: That portion of the
area on a lot extending open and unobstructed from the ground upward from a lot
line for a depth of width specified by the regulations for the District in
which the lot is located.
80. Yard, Front: A yard extending
across the full width of the lot, the depth of which is the distance between
the street right-of-way and the front of the primary building.
81. Yard, Rear: A yard extending
across the full width of the lot, the depth of which is the distance between a
rear lot line and the rear of the primary building.
82. Yard, Side: A yard extending
from the front yard, or front lot line where no front yard is required, to the
rear yard.
83. Zoning Administrator(s): The
person or persons authorized and empowered by the County Board to administer
the requirements of these zoning regulations.
84. Zoning Regulations: The term
zoning regulations shall mean the requirements stipulated in this resolution
and any amendments to it.
SECTION 5. “A” AGRICULTURAL DISTRICT
5.01. Intent: It is intended that this district satisfy the basic needs of the Cheyenne County farming-ranching operations. With agriculture being one of the County’s main industries, it is vital that agricultural operations be allowed and protected from encroachments of non-agricultural uses. Therefore, the mixture of intensive residential and other urban uses with agriculture is not encouraged within this district, nor is rezoning to urban use encouraged, unless it complies with the Comprehensive Plan.
Some agricultural and non-agricultural uses are, however, frequently found to
exist in rural areas, frequently serving rural and urban needs without
detriment to agricultural interests under normal conditions, with proper design
and location. These uses may be permitted by special review and approval by the
Planning commission and County Commissioners.
5.02. Permitted Uses: In District “A” buildings, structures, land and premises shall hereafter be allowed to be erected, constructed, reconstructed, moved or altered as long as they are to be used for a permitted use:
1. The Operation of a farm or ranch
using normal and customary practices.
2. The cultivation, storage, and sale of crops, vegetables, plants,
flowers, and nursery stock raised on the premises.
3. The grazing of livestock.
4. Class I & II
Feedlot/Confinements.
5. Botanical Gardens.
6. Apiaries.
7. Fish Hatcheries.
8. Flood control and irrigation
facilities.
9. Historic preservation areas
(public) and related user services.
10. One (1) primary single-family
dwelling per legal lot.
11. One (1) guesthouse per legal lot.
12. Accessory single-family dwellings
for persons customarily employed at or engaged in farming or ranching per legal
lot. With the exception of mobile homes, ownership of said homes shall remain in
ownership of the farmer-rancher employer.
13. Offices incidental to the operation
of uses allowed by right.
14. Outdoor Arenas.
15. Asphalt or concrete batch plant and
borrow pits used temporarily and exclusively for the completion of a public
road improvement project.
16. Oil and gas drilling, production,
separation and transmission.
17. Schools.
18. Churches and Church Facilities.
19. Public parks and public recreation
facilities.
20. Tourist Information Areas.
21. Water storage and treatment.
22. Utility Transmission or distribution
lines, provided they primarily serve areas with the “A” District.
5.03.
Conditional Uses: The following conditional uses may be permitted in the
“A” District upon approval of a permit in accordance with the requirements and
procedures set forth in Section 20.
1. Class III Feedlot/Confinements.
2. Experimental farms.
3. Keeping, raising, boarding of
exotic animals.
4. Dude Ranches.
5. Kennels.
6. Agricultural Service establishments
primarily engaged in performing agricultural husbandry, or horticulture
services on a fee or contract basis including:
A. Grain and/or feed elevators.
B. Crop dusting or spraying operations facilities (including hangers, landing strips, fertilizer storage facilities, and offices accessory to the crop dusting or spraying operation).
C. Farm
equipment sales, repair, and installation facilities.
D. Veterinary clinics and hospitals and related
facilities.
E. Grain and Feed Sales.
F. Commercial Grain Storage and drying.
G. Fertilizer storage, mixing, blending, and sales.
H. Seed production, processing, storage, mixing,
blending, and sales.
I. Sorting, grading and packing fruits and vegetables
for the grower.
J. Animal training and boarding facilities.
K. Animal waste recycling and processing facilities.
L. Custom meat processing.
M. Livestock sales barns and facilities.
N. Forage dehydration facilities.
7. Mineral Resource Development Facilities including:
A. Open
pit mining and materials processing.
B. Asphalt and concrete batch plants.
C. Coal gasification facilities.
D. Coal slurry and sludge pipelines.
E. Mining or recovery of other mineral deposits located
in Cheyenne County.
8. Power
generating facilities and related uses.
9. Cellular, television, or radio towers.
10. Telephone Exchanges.
11. Utility office, repair or storage facilities, substations, transmission lines, relay stations, and towers.
12. Commercial junkyards and salvage yards.
13. Solid waste disposal sites and facilities.
14. Sewage and wastewater treatment
operations.
15. Trailer washout or containment
lagoon.
16. Cemeteries, mausoleums, and
crematories.
17. Airports and landing strips.
18. Prisons.
19. Colleges.
20. Indoor Stadiums.
21. Amusement parks.
22. Fairgrounds.
23. Race Tracks.
24. Private Recreation and park
facilities.
25. Membership Clubs.
26. Planned unit developments.
27. Home occupations subject to the
requirements in Section 13.01.
28. Bed and Breakfast facility.
29. Mobile Home parks.
30. Uses similar to the uses listed
above as conditional Uses as long as the use complies with the general intent
of the “A” District.
5.04. Height Regulations:
1. Any building or structure
hereafter erected or altered may be erected to any height which is not in
conflict with any other existing County Resolution, state or federal law.
5.05.
Lot Regulations:
1. Minimum lot size: 40 acres. (Any
legal lot of less than 40 acres that existed prior to the adoption of this
Resolution is exempt from the minimum lot size
requirement.
2. Minimum frontage: Corner lots shall have at least 150 feet. All
other lots shall have at least 125 feet.
3. Minimum lot depth: 150 feet.
4. Minimum setback: 30 feet.
5. Minimum side yard: Interior lot
side yard shall be equal to height of proposed structure.
Corner Lot side yard shall be 30
feet.
6. Minimum rear yard: Principal
building shall be at least 25 feet. Accessory buildings shall be 5 feet.
7. Fences: Fences are not required to
comply with either the minimum setback or the minimum offset. Fences may be
located on the property line. Fences located on corner lots abutting public
right-of-way shall not obstruct the view of vehicle traffic at an intersection.
8. Sight Triangle: Development shall
conform to the requirements of the sight triangle as defined in Section
4.02.-85.
5.06. Access Roads: Access
roads serving non-farm residences shall be separated by a distance of no less
than 1000 feet along county roads.
SECTION 6. “RE” RESIDENTIAL ESTATE DISTRICT
6.01. Intent: The intent of this district is to serve the
needs of those who desire lots of one to 40 acres. Ideally, this district
should occur on the outer fringes of the zoning jurisdiction of established
communities, permitting extension of urban development on a manner which
logically and efficiently extends municipal services.
6.02.
Permitted Uses: In the “RE” District, no building, structure, land or
premises shall be used and no building or structure shall be hereafter erected,
constructed, reconstructed, moved or altered, except for one or more of the
following uses:
1. One (1) single family dwelling unit
per lot.
2. Crop production, orchards, and
gardens.
3. Irrigating facilities.
4. Horses and other livestock.
5. Historic Sites.
6. Public parks and public recreation
areas.
7. Schools.
8. Utility transmission lines
primarily serving uses within the Residential Estate District.
9. Any structure or use clearly
incidental and accessory to a use allowed by right in the “RE” District.
6.03.
Conditional Uses: The following conditional uses may be permitted subject
to approval procedures outlined in Section 20 of this Resolution.
1. Airports and landing strips.
2. Apiaries.
3. Outdoor arenas.
4. Churches.
5. Cemeteries.
6. Colleges.
7. Flood Control and irrigation
facilities.
8. Mobile home unit.
9. Oil and gas drilling.
10. Private park and recreation
facilities.
11. Religious quarters.
12. Planned Unit Development for
residential developments.
13. Public sewage and wastewater
treatment facilities.
14. Utility substations and major
transmission lines when said lines primarily serve areas other than the
Residential Estate District.
15. Public water storage and treatment.
16. Home occupations as defined in
13.01.
17. Uses similar to the uses listed
above as Conditional Uses as long as the use complies with the general intent
of the “RE” District.
6.04. Height Regulations:
1. Maximum structure height: 30 feet.
6.05. Lot Regulations:
1. Minimum lot area: 1 acre.
2. Minimum lot width: Interior Lot:
125 feet.
Corner Lot: 150 feet.
3. Minimum lot depth: 150 feet.
4. Minimum front yard: 30 feet.
5. Minimum rear yard: Primary
building: 25 feet.
Accessory building: 5 feet or 1
foot for every three feet of building height, whichever is greater.
6. Minimum side yard: Interior lots
shall have a total of both sides not less than 30 feet with one side being at
least 10 feet.
Corner lots shall have 20 feet
adjacent to a street or road and not less than 10 feet on opposite side.
7. Maximum Lot Coverage: 50%.
8. Sight Triangle: Development shall
conform to the requirements of the sight triangle as defined in Section
4.02.-85.
6.06.
Livestock Regulations:
1. No livestock shall be housed or
penned within 200 feet from any adjacent residence.
2.
No more than three head of livestock shall be permitted per
lot.
SECTION 7. “RL”
RESIDENTIAL LOW DENSITY DISTRICT
7.01. Intent: The intent of this district is to serve the
demand for single family housing on average sized urban lots, within
unincorporated communities. Due to increased governmental services required by
concentrations or permanently occupied housing units at the normal density
allowed (2 – 4 units per acre approximately), this district will not normally
be used in rural areas outside the unincorporated community. This district will
also protect established areas of this density.
7.02.
Permitted Uses: In the “RL” District, no building, structure, land or
premises shall be used and no building or structure shall be hereafter erected,
constructed, reconstructed, moved or altered, except for one or more of the
following uses:
1. One (1) single family dwelling unit
per lot.
2. One duplex, three-plex or four-plex
per lot.
3. Public parks and public recreation
areas.
4. Schools.
5. Utility transmission lines primarily
serving uses within the Residential Low Density District.
6. Any structure or use clearly
incidental and accessory to a use allowed by right in the “RL” District.
7.03. Conditional Uses: The
following conditional uses may be permitted in the “RL” District subject to
approval procedures outlined in Section 20 of this Resolution:
1. Churches.
2. Mobile Home Unit.
3. Mobile Home Park.
4. Multi-family structures.
5. Private park and recreation
facilities.
6. Religious quarters.
7. Planned Unit Development for
residential developments.
8. Public Sewage and wastewater
treatment facilities.
9. Utility substations and major
transmission lines when said lines primarily serve areas other than the
Residential Low Density District.
10. Public water storage and treatment.
11. Home occupations as defined in
13.01.
12. Uses similar to the uses listed
above as Conditional Uses as long as the use complies with the general intent
of the “RL” District.
7.04. Height Regulations:
1. Maximum structure height: 30 feet.
7.05. Lot Regulations:
1. Minimum Lot Size: 4,500 sq ft.
2. Minimum Lot Width: 45 feet
3. Minimum Depth: 100 feet
4. Minimum Setback: 25 feet
5. Minimum side yard: Interior lots
shall have a total of both sides being 15 feet with one side being at least 5
feet.
6. Minimum rear yard: Principal
building: 20 feet.
Accessory building: 5 feet.
7. Sight triangle: Development shall
conform to the requirements of the sight triangle as defined in section 4.02.-85.
SECTION 8. “TS” TOURIST SERVICE DISTRICT
8.01. Intent: The intent of this district is to serve
only those business uses which are frequently found near interchanges and busy
highways. This district is not intended to serve all business activity since it
then could detract from established business centers. Nor should this district
be used to create an endless commercial strip along major highways. This
district should be used at interchanges, recreation service areas and on
limited locations within established communities on main highways. Tourist
related businesses are the prime customers in this district.
8.02.
Permitted Uses: In the “TS” District, no building, structure, land or
premises shall be used and no building or structure shall be hereafter erected,
constructed, reconstructed, moved or altered, except for one or more of the
following uses:
1. Campgrounds subject to Section
8.08.
2. Food and general merchandise within
building that is set on permanent foundation.
3. Restaurants and fast food services,
including drive-ins within building set on permanent foundation.
4. Gas service stations.
5. Gift and souvenir shops.
6. Hotels and motels.
7. Liquor sales (on-site consumption
and carry-out sales as subordinate use to prime activity only).
8. Recreation, commercial.
9. Museums.
10. Historical sites.
11. Public recreation facilities, public
buildings, museums, and libraries.
12. Tourist information centers.
13. Planting, Nursery, or Landscaping
services.
14. Utility substations and transmission
lines when said lines primarily serve the Tourist Service District and
immediately adjacent areas.
15. Accessory buildings, structures and
uses shall be allowed in the “TS” District so long as they are clearly
incidental and accessory to the uses allowed by right.
8.03. Conditional Uses in “TS”
District: The following conditional uses may be permitted which must be
conducted in an enclosed building and in compliance with the approval
procedures outlined in Section 20 of this Resolution.
1. Amphitheater and Clerkium.
2. Aquariums.
3. Outdoor arenas.
4. Botanical gardens.
5. Bus and taxi depot.
6. Emergency services.
7. Fairgrounds.
8. Planned Unit Developments for commercial
activities.
9. Public sewage and wastewater
treatment.
10. Stadiums.
11. Temporary vending of food or general
merchandise (see Section 8.09.).
12. Theaters.
13. Utility transmission lines when said
lines primarily serve areas other than the Tourist Service District and
immediately adjacent areas.
14. Public water storage and treatment
facilities.
15. Zoos.
8.04. Intensity of Use
Regulations:
1. Minimum setback: 25 feet from any
street right-of-way and 25 feet from any alley centerline.
2. Minimum lot area: None.
3. Minimum lot width: None.
8.05. Height Regulations:
1. Maximum structure height: 40 feet.
8.06. Landscaping Regulations:
1. A landscaped area of at least 10
feet in width shall be provided adjacent to any street abutting the commercial
site.
2. If across the street from a
residential district, a landscaped area not less than 25 feet in width shall be
provided paralleling the right-of –way.
3. Curb cuts may be permitted through
the landscaped area.
4. When abutting a residential
district, the yard between the zone district boundary and any building shall be
not less than two times the height of the proposed building. In addition, a
plant hedge or solid fence six feet high shall be constructed and maintained on
the zone district boundary.
8.07. Performance Standards:
1. Exterior lighting fixtures shall be
shaded so that no direct light is cast upon any residential property and so
that no glare is visible to any traffic on any public street.
2. Uses located in the tourist service
district shall have an adequate supply of potable water.
3. Uses located in the tourist service
district shall have adequate sewage disposal facilities.
4. Uses in the commercial district
involving outdoor storage of vehicles, equipment, or materials when permitted
shall be screened from public right-of-way and all adjacent property.
5. Property located within the
commercial district shall be maintained in such a manner that grasses and weeds
are not permitted to grow taller than twelve (12) inches. In no event shall the
property owners allow the growth of noxious weeds.
8.08. Campgrounds:
1. No permanent residents allowed.
8.09. Temporary Vending:
1. All temporary vendors shall obtain
permits from the Department of Health, Department of Revenue, and Department of
Roads.
SECTION 9. “CB” COMMUNITY BUSINESS DISTRICT
9.01. Intent: The intent of this district is to serve
basic shopping and service needs in the unincorporated communities.
Multi-purpose business uses typically found in downtown areas are permitted in
this district. This district is intended to serve existing unincorporated
communities and their respective trade area.
9.02.
Permitted Uses: In the “CB” District, no building, structure, land or
premises shall be used and no building or structure shall be hereafter erected,
constructed, reconstructed, moved or altered, except for one or more of the
following uses:
1. Amphitheaters and Clerkiums.
2. Antiques, retail sales.
3. Appliance and household items,
repair and servicing.
4. Aquariums.
5. Auto repair and sales.
6. Banking and Financial, including
drive-in facilities.
7. Bus and taxi depots.
8. Communication centers.
9. Dental and medical clinics.
10. Duplicating, mailing and steno
services.
11. Electrical shops.
12. Emergency Services.
13. Flood control and irrigation
facilities.
14. Gas Stations.
15. Government Facilities.
16. Historic Sites.
17. Hotels and motels.
18. Libraries.
19. Liquor Sales (on-site and carry out
sales).
20. Membership clubs.
21. Mortuaries.
22. Motor bike sales and services.
23. Museums.
24. News syndicate services.
25. Parking garages.
26. Personal service shops.
27. Pre-schools.
28. Printing and newspaper offices.
29. Professional and business offices.
30. Recreation and park facilities.
31. Rental agencies.
32. Restaurants.
33. Retail sales.
34. Telephone exchange.
35. Theaters, excluding drive-ins.
36. Tires, batteries, and accessories.
37. Tourist information.
38. Train depots.
39. Utility substations and transmission lines when serving the neighborhood and adjacent areas.
40. Veterinary hospitals.
41. Water storage and treatment.
42. Accessory buildings, structures and uses shall be allowed in the “CB” District so long as they are clearly incidental and accessory to the uses allowed by right.
9.03.
Conditional Uses in the “CB” District: The following conditional uses may
be permitted which must be conducted in an enclosed building and in compliance
with the approval procedures outlined in Section 20 of this Resolution.
1. Car wash facilities.
2. Colleges.
3. Farm equipment dealers.
4. Hospitals.
5. Lodges.
6. Planned Unit Developments.
7. Plant nursery.
8. Pre-schools.
9. Religious living quarters.
10. Drive-in restaurants.
11. Public sewage and wastewater
treatment facilities.
12. Veterinary hospital.
13. Utility transmission lines when such lines serve areas other than the neighborhood and adjacent lines.
14. Uses similar to the uses listed
above as Conditional Uses as long as the use complies with the general intent
of the “CB” District.
9.04.
Intensity of Use Regulations:
1. Minimum lot area: None
2. Minimum lot width: None
3. Minimum setback: 20 feet from any
street right-of-way and 10 feet from any alley centerline.
4. Minimum setback from residential
district: When abutting a residential district, the yard between the zone
district boundary and any building shall not be less than two times the height
of the proposed building. In addition, a plant hedge or solid fence six feet
high shall be constructed and maintained on the zone district boundary.
9.05. Height Regulations:
1. Maximum structure height: 40 feet.
SECTION 10. “LI” LIGHT INDUSTRIAL DISTRICT
10.01. Intent: The intent of this district is to serve
industrial activities within and adjacent to existing communities. The uses are
not obnoxious and are fully enclosed or screened from public view. With proper
design, landscaping and traffic control, this district can contain desirable
industrial parks in desirable settings.
10.02. Permitted Uses: In
the “LI” District, no building, structure, land or premises shall be hereafter
erected, constructed, reconstructed, moved or altered, except for one or more
of the following uses:
1. Any Use allowed in the “CB”
District.
2. Gas storage and distribution.
3. Governmental facilities.
4. Printing and newspaper facilities.
5. Public recreation.
6. Related commercial activities such
as offices, restaurants, or gas stations and other commercial activities which
primarily serve industrial activities.
7. Train depots.
8. Utility substations, transmission
lines, offices, and storage yards.
9. Water storage and treatment.
10. Accessory buildings, structures, and
uses that are incidental and accessory to the uses allowed by right.
10.03. Conditional Uses:
The following conditional uses may be permitted subject to approval procedures
outlined in Section 20 of this Resolution:
1. Any manufacturing, processing,
fabrication, or warehousing activity that is completely confined within a
closed building and does not normally emit noise, smoke, or odor outside of the
building beyond the site property line.
2. Oil and gas drilling.
3. Airports and landing strips.
4. The raising, breeding and grazing
of livestock.
5. Colleges.
6. Implement Sales and service.
7. Planned Unit Developments for
office and industrial developments.
8. Power generating.
9. Sewage and wastewater treatment.
10. Those industrial uses which normally
are associated with noise, odor, or smoke, but due to size or method of design,
can be compatible with the neighborhood and the intent of the district.
11. Uses similar to the uses listed
above as Conditional Uses as long as the use complies with the general intent
of the “RL” District.
10.04. Height Regulations:
1. No height regulations as long as it
complies with all other county, state, and federal regulations.
10.05. Yard Regulations:
1. Setback: 25 feet from any street
right-of-way and 25 feet from any alley centerline.
2. When abutting a residential
district, the yard between the zone district boundary and any building shall
not be less than three times the height of the proposed building. In addition,
a plant hedge or solid fence six feet high shall be constructed and maintained
on the zone district boundary.
10.06. Hazardous Materials:
The storage, dispensing, using or handling of hazardous materials shall be
identified and reported to Region 21 Emergency Management Office, PO Box 217,
1000 10th Avenue, Sidney NE 69162 in accordance with state and
federal regulations.
SECTION 11. “HI”
HEAVY INDUSTRIAL DISTRICT
11.01. Intent: The intent of this district is to serve
the much heavier industrial activities requiring heavy truck traffic, noise,
smoke, and odor. This district will frequently serve the needs of agricultural
related business. It is also intended to be used within and adjacent to
existing communities.
11.02. Permitted Uses: In
the “HI” District, no building, structure, land or premises shall be hereafter
erected, constructed, reconstructed, moved or altered, except for one or more
of the following uses:
1. All those uses which meet the
requirements of the Light Industrial District and are listed as permitted uses.
2. Manufacturing, processing and
warehousing activities which do not generate smoke, excessive noise, or odor.
11.03.
Conditional Uses: The following conditional uses may be permitted subject
to approval procedures outlined in Section 20 of this Resolution:
1. Those manufacturing, processing and
warehousing activities which generate noise, smoke, or odor that is not maintained
on the site.
2. Alfalfa dehydrates.
3. The raising, breeding and grazing
of livestock.
4. Auto wrecking yards and other
salvage operations.
5. Colleges.
6. Planned Unit Developments for
industrial developments.
7. Cement, lime or gypsum processing.
8. Chemical plants.
9. Slaughterhouses.
10. Stockyards.
11. Tanneries.
12. Uses similar to the uses listed
above as Conditional Uses as long as the use complies with the general intent
of the “RL” District.
11.04. Height Regulations:
1. No height regulations as long as
building is in accordance with all other county, state, and federal
regulations.
11.05. Yard Regulations:
1. Setback: 25 feet from any street
right-of-way and 25 feet from any alley centerline.
2. When abutting a residential
district, the yard between the zone district boundary and any building shall
not be less than three times the height of the proposed building. In addition,
a plant hedge or solid fence six feet high shall be constructed and maintained
on the zone district boundary.
11.06. Landscaping Regulations:
1. If across from a residential
district, a landscaped area not less than 25 feet in width shall be provided
paralleling the right-of-way.
2. Curb cuts may be permitted through
the landscaped areas.
11.07. Hazardous Materials:
The storage, dispensing, using or handling of hazardous materials shall be
identified and reported to Region 21 Emergency Management Office, PO Box 217,
1000 10th Avenue, Sidney NE 69162 in accordance with state and federal
regulations.
SECTION 12. “FP” FLOOD PLAIN OVERLAY DISTRICT
12.01. Intent: Certain areas in the County, particularly
flood plains, should not be intensely developed, since development of
structures could risk life and damage property. Use of land for most purposes
not requiring permanent structure is acceptable as listed below. This district
then, will help protect life and property from future hazardous conditions.
12.02. Permits: No person,
partnership or corporation shall erect, construct, enlarge, or improve any
building or structure in Cheyenne County or cause the same to be done without
first obtaining a Flood Plain Development Permit for each building or
structure.
12.03. Procedure: Any
person, partnership, or corporation seeking a Flood Plain Development Permit
within Cheyenne County’s Zoning jurisdiction shall meet the requirements
specified in Section 12. There are two steps in the Flood Plain Development
Permit Process:
Step 1: Apply
for a Flood Plain Development Permit:
A. Submit an application for a Flood Plain Development Permit to the zoning administrator.
The application shall provide the following information:
1. Identify and describe the work to be covered by the permit for which the
application is made.
2.
Describe the land on which the
proposed work is to be done by lot, block tract,
house and street address, or similar
description that will readily identify and
definitely locate the proposed building
or work.
3.
Indicate the use or occupancy for
which the proposed work is intended.
4.
Be accompanied by plans and
specifications for the proposed construction.
5.
Be signed by the permitee or his
authorized agent who may be required to submit
evidence to indicate such authority.
6.
Within designated flood prone
areas, be accompanied by elevations of the lowest
floor including basements or in the case of flood proofed non-residential
structures, the elevation to which it
has been flood proofed. Documentation or certification
of such elevations will be maintained by the County Planning Commission.
7.
Give such other information as
reasonably may be required by the County
Planning Commission.
B.
A sworn statement by the applicant
attesting that all information is true and correct to the
best of their knowledge.
Step
2: Permit Approval:
A.
The Cheyenne County Planning
Commission shall review all Flood Plain Development
Permit applications to determine if the
site of the proposed development is reasonably safe
from flooding and that all necessary
permits have been received as required by Federal or
State Law:
B.
The Planning Commission, in
reviewing all applications for new construction, substantial
improvements, prefabricated buildings,
placement of manufactured homes and other
developments will:
1. Obtain, review, and reasonably utilize, if available, any regulatory flood elevation data from Federal, State, or other sources, until such other data is provided by the Federal Insurance Administration in a Flood Insurance Study; and require within areas designated as 100 year flood plane on the official map that the following performance standards be met:
A.
Residential Construction:
New construction or substantial improvement
of any residential structure shall have
the lowest floor, including the
basement, elevated to one foot above the
base flood elevation.
B.
Non-residential Construction:
New construction or substantial
improvement of any commercial,
industrial, or other non-residential
structure shall have the lowest floor,
including the basement, elevated
to one foot above the base flood
elevation or together with attendant
utility and sanitary facilities, be
flood proofed so that below such a level
the structure is water tight with walls substantially impermeable to the passage of water and with
structure components having the capability
of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional
engineer or architect shall certify
that the standards of this subsection are satisfied. Such certification shall be provided to the
local enforcement official.
C.
Requirements for all new
construction and substantial improvements:
That fully enclosed areas below the
lowest floor that are subject to
flooding shall be designed to
automatically equalize hydrostatic flood
forces on exterior walls by allowing for
the entry and exit of flood
waters. Designs for meeting this
requirement must either be certified by
a registered professional engineer or
architect or meet or exceed the
minimum criteria:
1.
A minimum of two openings having a
total net area of not
less than one square foot of enclosed area
subject to
flooding shall be provided.
2.
The bottom of all openings shall
be no higher than one foot
above grade.
3.
Openings may be equipped with
screens, leavers, valves, or
other coverings or devices provided that
they permit the
automatic entry and exit of floodwaters.
2. Require the use of construction
materials that are resistant to flood damage. 3. Require
the use of construction methods and practices that will minimize flood
damage.
4.
Require that new structures be
designed or modified and adequately anchored
to prevent flotation, collapse, or
lateral movement or the structure resulting from
hydrodynamic and hydrostatic loads,
including buoyancy.
5.
New structures be constructed with
electrical, heating, ventilation, plumbing, and
air conditioning equipment and other
service facilities that are designed and
located so as to prevent water from
entering and accumulating within the
components during conditions of
flooding.
6.
Assure that all manufactured homes
shall be anchored to resist floatation,
collapse, or lateral movement.
Manufactured homes must be anchored in
accordance with State laws, local
building codes, and the Federal Emergency
Management Agency guidelines. In the
event that over-the-top frame ties to
ground anchors are used, the following
specific requirements (or their equivalent)
shall be used:
A.
Over-the-top ties be provided at
each of the four corners of the manufactured homes with two additional
ties per side at the intermediate
locations and manufactured homes less than fifty feet long
requiring one additional tie per side.
B.
Frame ties be provided at each
corner of the home with five additional
ties per side at intermediate points and manufactured homes
less than fifty feet long requiring four additional ties per side.
C.
All components of the anchoring
system be capable of carrying a force
of 4,800 pounds.
D.
Any additions to manufactured
homes be similarly anchored.
7.
Require that all manufactured
homes to be placed within Zones AI-30, “AH”, and
“AE” on the community’s FIRM be elevated
on a permanent foundation such that
the lowest floor of the manufactured
home is one foot above the base flood
elevation; and be securely anchored to
an adequately anchored foundation system
in accordance with the provisions of
line 6 of subparagraph B in Step 2 of Section
12.03.
C.
The County Board of Cheyenne
County, Nebraska shall review all subdivision applications
and
other proposed new developments, including manufactured home parks or
subdivisions,
and
shall make findings of fact and assure that:
1.
All such proposed developments are
consistent with the need to minimize flood
damage.
2.
Subdivision proposals and other
proposed new developments (including
proposals for manufactured home parks
and subdivisions) greater than five (5)
acres or fifty lots, whichever is less,
include within such proposals regulatory
flood elevation data in areas designated
Zone A.
3.
Adequate drainage is provided so
as to reduce exposure to flood hazards.
4.
All public utilities and
facilities are located so as to eliminate flood damage.
12.04. New Water and Sewer:
New and replacement water and sewer systems shall be constructed to eliminate
or minimize infiltration by, or discharge into floodwaters. Moreover, on-site
waste disposal systems will be designed to avoid impairment or contamination
during flooding.
12.05.
Maintained Flood Carrying Capacity: The County Board of Cheyenne County,
Nebraska will insure that the flood carrying capacity within altered or
relocated portion of any watercourse is maintained. The County will notify, in
riverine situations, adjacent communities and the State Coordinating Office
prior to any alteration or relocation of a watercourse, and submit copies of
such notifications to the Federal Emergency Management Agency. Moreover, the
County will work with appropriate State and Federal agencies in every way possible
in complying with the National Flood Insurance Program in accordance with the
National Flood Disaster Protection Act of 1973.
SECTION 13. SUPPLEMENTARY DISTRICT REGULATIONS
13.01. Home Occupations: Home occupations, where
permitted, shall be subject to the following:
1. Restrictions and Limitations:
A. The home
occupation shall be incidental and subordinate to the principal residential use
of the
premises and not more than fifty percent (50%) of the total
floor area of the dwelling unit.
B. No outdoor storage of materials or equipment used in the home
occupation shall be permitted.
C. No alteration of the exterior of the principal residential
building shall be made which changes the
character as a residence. The home occupation shall be
carried on entirely within the principal
residential structure or accessory building.
D. No sign shall be illuminated or exceed tow (2) square feet in
area.
E. No equipment shall be utilized that creates a nuisance due to
noise or electrical interference.
F. Parking needs generated by the conduct of a home occupation
shall be provided off-street.
2. Particular Home Occupations Permitted: Permitted home occupations (not exclusive) which are subject to the above restrictions and limitations include:
A. Art,
dancing and music schools, provided that instruction is limited to five (5)
pupils at one time.
B. Artists, sculptors or authors.
C. Beauty and barbershops, and other services customarily
performed by these shops such as manicures
and hair removal
salons.
D. Bed and breakfast services.
E. Day care home.
F. Home crafts and hobbies such as model making, rug weaving,
knick-knacks, and cabinet making.
G. Home party products.
H. Offices for sales persons, sales representatives and
manufacturing representatives.
I. Radio, television, recording studio or small appliance and
electronics repair service.
J. Tailoring, alterations, seamstresses, shoemaking and shoe
repair.
K. Physicians, dentists and chiropractors.
3. Particular Home Occupations Prohibited: Permitted home occupations shall
not, in any event, include the following:
A. Animal
hospitals and veterinary clinics.
B. Automobile and vehicle repair service.
C. Equipment rental.
D. Funeral services and mortuaries.
E. Machine
shops.
F. Commercial photo developing.
G. Restaurants.
H. Second-hand merchandise.
13.02 Temporary Uses Permitted:
1. A temporary permit may be obtained from the Planning Commission (or its
authorized staff representative) upon the filing of an application requesting a
temporary use. Temporary stands, structures, motor vehicles, and trailers shall
be removed on the date of termination of the permit unless a specific date is
stated herein. Temporary structures shall be shown to be so constructed as to
not constitute a fire hazard or hazard to the health or safety of the public
prior to the issuance of the permit. Such temporary stands or structures shall
not b constructed of materials which are substantially deteriorated, nor shall
any of the above temporary stands, structures, motor vehicles or trailers be
allowed to deteriorate to the point where they shall constitute a fire or other
hazard to the health, safety, or general welfare of the public.
2. The following uses may be allowed by temporary permit and need not be
enclosed within a building:
A. Temporary construction yard or building for construction
materials and equipment; mobile home for
office use, and concrete batch plants, incidental and necessary
for construction. Each permit shall
specify the location of the building, mobile home office,
yard or batch plant. No area more than two
miles distant shall be served by such temporary building,
mobile home office or yard. Each permit
shall be valid for a period of not more than six calendar
months and may be renewed for three
successive six-month periods at the same location.
B. Temporary office incidental and necessary for the sale of new
construction by the permitee. Each
permit shall specify the location of the office and the area
within which such sales may be made. No
area more than two
miles distant from the office shall be served. Each permit shall be valid for a
period
of not more than
six calendar months and my be renewed for three successive six-month periods at
the
same location.
C. Mobile homes may be used for temporary living quarters
incidental and necessary for the construction
of a residence on
the property. Application fee is not required herein for residential purposes.
3. Temporary group assemblages of
50 or more persons for one week and on public or private lands not currently
improved for such group assembly (“improved” meaning having adequate improved
parking, permanent restrooms, permanent water supply, and permanent fixed
buildings or structures to house a large group) shall only be permitted after a
public hearing has been held by the County Commissioners, and they have
approved, or conditionally approved the request.
The request for such temporary use shall be submitted at least 30 days prior to
said assemblage to the County Clerk who shall set a hearing date and notify
adjacent property owners. The application should include the written
authorization of the property owners. The application should include the
written authorization of the property owner, a legal description of the
property, a description of the proposed use or activity and a description of
the facilities to be provided to serve the crowd; i.e. water, restrooms,
parking, trash collection and remodel, police protection and others as may be
appropriate.
An application fee of $50 shall be submitted with the request. This fee may
later be returned in part or in total if so ordered by the County
Commissioners.
The County Commissioners shall, after hearing the matter, approve, approve with
conditions, or deny the request. Conditions of approval, if applied, may
include those conditions deemed necessary to protect the public health, safety,
and welfare.
4. The following temporary uses may be permitted without a temporary use permit:
A. Christmas
Tree Sales: Christmas tree sales in “C” & “A” Districts only for a period
not to exceed sixty
(60) days. Display
of Christmas trees need not comply with the yard and setback requirements of
these
regulations, provided that no trees shall be displayed in the
sight triangle.
B. Seasonal Sales: Seasonal sales of farm produce in “C” &
“A” Districts only. Structures incidental to
the sale need not
comply with the applicable front yard requirements if the structures are
removed or
moved back of the required front yard setback line at the end
of the season during which they are used.
All permanent
structures must comply with the front yard requirements.
C. Garage, Yard, Basement or Porch Sales: The sale of tangible
personal property consisting of household
goods and personal effects by an individual at his or her
residence, or if more than one individual’s
property is involved, at the residence of one of the
individual’s, not occurring at any residence for
more than three (3) days during the calendar year, and none
of the individuals conduct or engage in a
trade or business in which similar items are sold, and when
such property was originally acquired for
and used for
personal use.
13.03. Fences, Hedges, and
Walls: Fences, hedges, and walls may be permitted in the various districts
as accessory uses in accordance with the following limitations:
1. No fence shall exceed 6 feet in height except fences the Agricultural
District, fences used for the enclosure of utility facilities, and fences used
to enclose swimming pools.
2. Ornamental fences, walls, and hedges not to exceed three and a half feet
(3.5’) shall be permitted in the front yard in any district. This regulation
does not apply to the Agricultural district.
3. Fences, hedges, and walls
higher than three and a half feet (3.5’) shall be set back from the front lot
line three feet (3’) for each foot of fence height. This regulation does not
apply to the Agricultural District.
4. All outdoor swimming pools shall be enclosed by a fence or wall at least 6
feet but no more than 8 feet in height with a gate or gates that can be
securely locked.
13.04. Supplementary Lot Area
and Lot Width Regulations:
1. Where an individual lot was held in separate ownership from adjoining
properties, or was platted prior to the effective date of this Resolution, is
in a recorded subdivision and has less area or less width than required in
other sections of this Resolution, such a lot may be occupied according to the
permitted uses provided for the District in which it is located, provided no
lot area or lot width is reduced more than one-third of the zoning requirements
otherwise specified by this Resolution.
2. For the purpose of complying with the provisions of this Resolution, no part
of an area or width of a lot shall be included as an area or width required for
another lot.
3. No lot shall have a front lot line or street frontage of less than 40 feet.
13.05. Supplementary Yard
Regulations:
1. Developed Areas: In any district, where lots comprising 50 percent or more
of the frontage on one side of a street between intersecting streets have been
improved with buildings at the time of passage of this Resolution, the average
front yard or setback of such buildings shall be the minimum front yard or
setback required for all new construction in such block. Vacant lots shall be
calculated at the present Resolution setback requirement to determine the block
average. In no instance shall the setback be less than 10 feet.
2. Reduction: No part of a yard required for any building for the purpose of
complying with the provisions of this Resolution shall be included as a yard
for another building, and all yards shall be open and unobstructed except as
otherwise provided herein.
3. Architectural features: Cornices, canopies, eaves or similar architectural
features may extend into a required yard not more than 2 feet.
4. Fire escapes: Fire escapes may extend into a required yard not more than six
feet.
5. Patios and uncovered porches: Patios and uncovered, unenclosed porches may
extend into a required front or rear yard not more than 6 feet and a side yard
of not more than 3 feet.
6. Reversed corner lots: The side yard along the street side of a reversed
corner lot shall not be less than the required front yard for principal
buildings along such a side street.
7. Accessory buildings: Permitted accessory buildings may be located only in
the required rear yard of a principal building, provided such accessory
buildings are located at least three feet from any property line and located at
least five feet from another accessory building.
8. Setback: Within 150 feet of a road intersection, no structure, storage areas
and solid fences will be permitted.
13.06. Building Height
Regulations:
1. It shall be unlawful to construct, build, or establish any building, trees,
smokestack, chimney, flagpole, wire, tower or other structure or appurtenance
thereto which may constitute a hazard or obstruction to the safe navigation,
landing, and take-off of aircraft at a publicly used airport.
2. Approvals of buildings of heights greater than permitted herein may occur
when approved by the County.
13.07.
Off-Street Parking Requirements:
1. Each new building or change of use, or addition to any use, shall provide
off-street parking spaces as hereinafter designated:
|
Building Type |
Spaces Required |
|
Auto repair shop |
1 per 150 square feet of gross floor space plus 1 per employee |
|
Auto, truck, implement, and mobile home sales |
1 per employee |
|
Animal hospital or kennel |
1 per employee |
|
Boarding or lodging house, tourist home |
1 per guest bedroom and resident family |
|
Commercial recreation |
1 per 200 square feet of gross floor space plus one per employee |
|
Car wash |
1 per employee |
|
Single and two family residential dwelling |
2 per dwelling unit |
|
Multiple dwellings |
1 ½ per one bedroom unit 2 per 2 bedroom unit 2 ½ per 3 bedroom unit 3 per 4 bedroom unit 3 plus ½ for each additional bedroom unit over 4 |
|
Gas Station |
1 per 50 square feet gross floor space |
|
Hotel, Motel |
1 per guest bedroom plus 1 per each 3 employees |
|
Membership clubs |
1 per 6 members |
|
Mobile Home Park |
2.2 per mobile home |
|
Professional office in a residential building |
1 per 100 square feet of floor space used by such office |
|
Clerkium, stadium, theater, convention hall or similar place of public use |
1 per 4 seats; bench capacity at one seat per 20 inches |
|
Bowling alley |
3 per lane |
|
Churches |
1 per 7 seats in principal place of assembly |
|
Drive-in restaurant of stand |
1 per 25 square feet of floor space |
|
Funeral Home |
1 per 75 square feet of assembly room |
|
Hospital |
1 per 3 beds |
|
Manufacturing, processing, or bottling or general industrial |
1 per 2 employees on Maximum shift or not less than 1 per 500 square feet of gross floor space |
|
Medical office or clinic |
1 per 150 square feet gross floor space |
|
Offices and office building |
1 per 300 square feet gross floor space |
|
Schools (Commercial) |
1 per 50 square feet gross floor space |
|
Public library, gallery, or museum |
1 per 300 square feet gross floor space |
|
Research institute or laboratory |
1 per 2 employees at maximum shift |
|
Restaurants, café, and drinking places |
1 per 300 square feet gross floor space |
|
Retail store, shop, and bank |
1 per 200 square feet gross floor space |
|
Elementary, junior high school, and private schools (non-commercial) |
1 per ½ classroom or parking for Clerkium, whichever is greater |
|
Senior High School |
1 per ¼ classroom and parking for Clerkium required |
|
Warehouse and storage buildings |
1 per employee |
2. Parking requirements for
buildings containing more than one use shall be established by determining the
required number of spaces for each separate use.
3. In lieu of locating parking spaces required by this Resolution on the lot
which generates the parking requirements, such parking spaces may be provided
on any lot or premises owned by the owner of the parking generator, within 300
feet of the property generating such parking requirements, for any business,
commercial, or industrial use. Ownership in this regard may include
participation in a parking district or other joint venture to provide
off-street parking areas to the extent that each zoning requirement can be met
by a proportionate or greater number of off-street parking spaces in the lot held
in joint ownership.
4. All area counted as off-street parking space shall be unobstructed and free
of other uses.
5. Unobstructed access to and from a street or alley should be provided for all
off-street parking spaces.
6. Parking lot lighting shall be reflected away from residential areas.
7. Parking lot shall not be located in the required front yards of any
residential district.
8. Off-street parking spaces may be provided in areas designated to serve
jointly two or more buildings or users provided that the total number of
off-street parking spaces shall not be less than required by this Resolution
for the total combined number of buildings or uses.
9. No part of an off-street parking space required for any building or use for
the purpose of complying with the provisions of this Resolution shall be
included as a part of an off-street parking space similarity required for
another building or use and no part of an off-street parking space required for
any building or use for the purpose of complying with the provisions of this
Resolution shall be converted to any use other than parking unless additional
parking space is provided to replace such converted parking space and to meet
the requirements of any use to which such parking space is converted.
13.08. Airport Requirements:
The “Amended Airport Zoning Regulations” enforced by the Sidney-Cheyenne County
Joint Airport Zoning Board shall continue in effect and control use and height
in those instances where the ”Amended Airport Zoning Regulations” are more
restrictive than the provisions of the Cheyenne County Zoning Resolution.
13.09. Tree Planting
Requirements: In all Zoning Districts, trees shall be planted the following
distances from the centerline of the road:
A. Trees to the north and west of a road: Trees shall be planted
at least 150 feet from the centerline of
the road.
B. Trees to the south and east of a road: Trees shall be planted
at least 80 feet from the centerline of the
road.
SECTION 14. MOBILE HOME PARK REGULATIONS
14.01. Intent: It is intended that the requirements for
mobile home parks shall be such that the quality of a neighborhood is not
detrimentally affected by the adjacent location of a mobile home park. The mobile
home park is basically a low to medium density residential use and shall be
treated as such. Since this form of single-family housing physically contrasts
substantially with typical on-site constructed housing, it is necessary to
review each request via the procedures of Section 20 “Conditional Uses”. This
review procedure allows design adjustments to fit the constraints of any site.
14.02.
Development Standards: In those districts where mobile home parks are
listed as Conditional Uses, all applications must first be processed via the
procedures of Section 20. In addition to possible conditions being attached as
the result of the conditional use, the following standards shall also apply:
1. Minimum size of mobile home area: 5,000 square feet.
2. Minimum lot width: The average lot width shall not be less than 40 feet.
3. Setback: Mobile homes shall not be placed within 20 feet of any boundary
that is not a street and 25 feet from any boundary that is adjacent to a
street.
4. Minimum Separation between homes: Based on the distance between mobile home
units measured from the closest point or edge of the mobile home as follows:
A. 15 feet
between mobile homes if the units are placed end (width) to end (width).
B. 20 feet between mobile homes if the units are placed side
(length) to side (length).
C. 18 feet between mobile homes if the units are placed side
(length) to end (width).
D. Ends (width) of mobile homes that are greater than 16 feet in
width shall be considered to be sides
of the mobile home
in measuring distances between mobile home units.
E. A mobile home shall have a minimum offset of 5 feet or 1 foot
for every three feet in height,
whichever is greater, from the perimeter of the mobile home
park or from any adjacent property
which is not approved to be utilized for a mobile home.
F. Accessory buildings and structures on the same lot or space
as a mobile home shall have a minimum
clearance of 10 feet from any structure or mobile home on any
other lot.
G. Commonly
owned or utilized buildings which are accessory to the park shall have a
minimum
clearance of 10 feet from any other structure or mobile home.
5. Access to dedicated streets
shall be provided. The County may require mobile home parks over 50 units to
have additional access points for emergency access purposes.
6. Lighting: Adequate lighting shall be provided.
7. Architectural Control: The County may set architectural standards for a
mobile home park, including requirements of wood siding or similar design features.
8 Landscaping: A landscaping concept plan shall be submitted for review and
approval.
9. Storage: Storage units shall be designed as an integral part of the site.
10. Utilities: All utilities shall be placed underground. Potable water and
sewage disposal system meeting Department of Health requirements shall be
provided.
11. Trash Collection: Trash receptacles shall be provided and properly screened
from view.
14.03. Bonding: Bonding or
some guarantee in a form acceptable to the County Attorney shall be provided to
guarantee performance of plans.
14.04.
Livestock: No livestock shall be kept, housed, penned or otherwise in any
mobile home park.
SECTION 15. SIGN REGULATIONS
15.01. General Regulations: The following regulations
shall govern the locations, areas, heights and types of signs in all districts:
1. All signs hereafter constructed, erected, painted, or otherwise established,
moved, altered, or changed shall comply with these regulations. Nonconforming
signs existing at the time of enactment of this Resolution may be repaired or
maintained, but may not otherwise be established, moved, altered or changed
except in compliance with the provisions of this Resolution.
2. “Revolving beacon,” “flashing,” or “fountain” effects or signs with such
effects are prohibited in all zoning districts, as are all other lighting
effects which could impair a motorist’s vision.
3. No sign in any district shall interfere with clear and unobstructed vision
of any sign or device used for the control of traffic, or with clear and
unobstructed vision of traffic on any street.
4. Sign regulations in this Resolution shall not apply to official Federal,
State, County, or City signs, including traffic signs, signs erected and intended
for public information, direction, safety, or control.
5. Signs used solely for the purpose of identifying hazards are exempt from
these regulations, provided the sign itself does not create a hazard.
15.02. Residential Areas:
Only the following signs shall be permitted in “RE” and “RL” Districts:
1. In the “RL” District only, one identification sign per residential use
provided such sign does not exceed tow (2) square feet in area per side. Such
sign may be illuminated by indirect lighting methods only.
2. One identification sign and/or bulletin board per church, school, or other
public or semi-public use, provided each sign and/or bulletin board shall not
exceed twenty (20) square feet. Such sign may be illuminated by indirect
lighting methods only.
3. One real estate sign provided such sign does not exceed five (5) square feet
and is unlighted.
4. One construction sign per lot on which construction or major modification or
a building or structure is in progress, provided such sign does not exceed
twenty (20) square feet in area, and is unlighted> Such sign shall be
removed from the lot upon completion of the structure.
5. All signs in residential areas must be set back at least ten (10) feet from
any lot line.
6. In any subdivision for which a plat has been approved by the County,
non-illuminated subdivision signs not to exceed 130 square feet may be erected.
15.03. Agricultural Areas:
Only the following signs shall be permitted in the “A” District.
1. Those signs permitted in residential areas defined in Section 15.02.
2. One on-site identification sign for the principal permitted use provided the
sign does not exceed 16 square feet per face and does not exceed 20 feet in
height.
3. Off-site directional signs must meet all Department of Roads requirements.
15.04. Commercial and
Industrial Areas: All types of on-site signs authorized by this resolution
may be installed in “TS”, “CB”, “LI”, and “HI” Districts. However, the surface
area of all signs for a single business shall be limited to two hundred (200)
square feet.
15.05. Advertising Signs and
Billboards:
1. Advertising signs or billboards (those signs advertising products not sold
on the same site as the sign location) shall not be permitted in any zoning
district other than the “LI” and “HI” Districts.
15.06. Temporary Signs:
1. Temporary signs shall not exceed seventy five (75) square feet in area.
2. Temporary signs shall not remain in place for a period of more than thirty
(30) days, except however, that the Zoning Administrator may extend this time
period for an additional fifteen (15) days. Any further time extension shall
thereafter be applied for from the Board of Adjustment and said Board may grant
such time extension as it deems reasonable and necessary.
15.07. Political Signs:
1. Political signs may be either permanent or temporary type signs.
2. Political signs shall not be permitted on the public right of ways.
SECTION 16. FEEDLOT/CONFINEMENT REGULATIONS
16.01. Feedlot/Confinement Permit: No feedlot or
confinement operation (unless excluded by Section 16.02) which meets the
definition of a Class III feedlot/confinement operation shall operate or be
developed without a valid feedlot/confinement permit from Cheyenne County. Likewise,
any existing feedlot or confinement facility shall not be expanded without
first obtaining a feedlot/confinement permit from Cheyenne County if such
expansion will result in the feedlot/confinement operation meeting the
definition of a Class III feedlot/confinement operation.
16.02. Grandfather Clause:
Feedlot/confinement operations existing prior to the passage of this Resolution
do not need a feedlot/confinement permit to operate unless the expansion of
such feedlot/confinement operation requires such a permit as outlined in
Section 16.01.
16.03. Permit Validity: A
Feedlot/Confinement Permit will not be considered valid until the Class III
feedlot/confinement operation applying for the permit has received a
conditional use permit and a permit for a waste control facility from the
Department of Environmental Quality.
16.04. Procedure: Any
person, partnership, or corporation seeking a feedlot/confinement permit within
Cheyenne County’s zoning jurisdiction shall meet the requirements specified in
Section 16. There are two steps in the feedlot/confinement permit process:
Step
1. Apply for a feedlot/confinement permit from Cheyenne County.
A. Submit an application for a feedlot/confinement permit to the zoning administrator.
The application should provide the following information:
1. The names and addresses of all surface
owners located within 1 mile of the
feedlot/confinement operation.
2.
An estimate of the maximum number
of livestock to be confined at any single
time.
3.
Narrative taken from the Cheyenne
County Soil Survey explaining the suitability and limitations of soil
types located on the feedlot/confinement operation site.
4.
Nuisance waivers, if applicable.
5.
A vicinity map drawn to scale
showing:
A. The location of the feedlot/confinement
operation.
B. The names and location of all property
owners within 1 mile of the
feedlot/confinement operation.
C. The names and location of all public
roads and right-of-ways, drainage
ditches, and wells located within 1 mile
of the feedlot/confinement
operation.
D. The location of any flood hazard areas
located within 1 mile of the
feedlot/confinement operation.
E. Any other information determined to be
reasonably necessary by the
Planning Commission or County Board.
6. A site map drawn to scale showing:
A. The
size, location and intended use of all existing and planned structures
located on the property.
B. The type and
location of any existing or planned screening (i.e.: fencing, tree
lines, etc.).
C. Existing
topographical contours at ten foot intervals drawn from
available data,
such as US Geological Survey maps.
D. Soil type by
boundary taken from the Cheyenne County Soil survey.
E. The names and
location of al public roads, right-of-ways, drainage
ditches, and
wells.
F. Any other
information determined to be reasonably necessary by the
Planning
Commission or County Board.
B. A Waste Management Plan shall be submitted with the application which includes:
1. Description
of the manner in which manure will be disposed.
2. The annual
gallons of animal waste that will be land applied.
3. The location and
number of acres of land that have been designated to receive land- applied waste.
4. A statement
explaining how runoff will be managed.
C. A sworn statement by the applicant attesting that all information is true and correct to the best of their knowledge.
Step 2: Permit Approval: The process of applying for a Feedlot/Confinement Permit may concur with an application for a conditional use permit. An application for a Feedlot/Confinement Permit, though, must follow the permit approval process as follows:
A. A public hearing on the permit shall be held by the Planning Commission.
1. All
surface owners located within 1 mile of the feedlot/confinement facility shall
be notified of the
hearing at least ten days in advance.
2. Public notice of
the hearing shall be given at least ten days in advance.
B. The
Planning Commission shall make a recommendation on the Feedlot/Confinement
permit. The secretary of
the Planning Commission shall forward the recommendation to County Board within ten
days.
C. The County Board
shall deny, approve or conditionally approve the permit within 45 days
of receiving the
Planning Commissions recommendation.
D. The Planning
Commission shall then make a recommendation on a conditional use permit
as outlined in
Section 20. (Upon the applicant’s request, an application for a
Feedlot/Confinement
Permit may concur with an application for a conditional use permit.)
E. The County Board
shall deny, approve or conditionally approve the Conditional Use
permit as
outlined in Section 20. (Upon the applicant’s request, an application for a
Feedlot/Confinement
Permit may concur with an application for a conditional use permit.)
16.05. Feedlot/Confinement Development Standards: All new or newly expanded feedlot/confinement facilities shall conform to the following development standards:
1. New
feedlots shall not be developed within 3 miles of an incorporated town.
2. New feedlots shall not be developed within 1 mile of a residence
or a school without first receiving a signed nuisance waiver from the homeowner or school board.
3. Existing feedlots shall not be expanded within 3 miles of an
incorporated town.
4. Existing feedlots shall not be expanded within 1 mile of a
residence or a school without first receiving a signed nuisance waiver from the
homeowner or school board.
5. All feedlots shall meet the environmental standards established
by the Department of Environmental Quality.
16.06. Financial Assurance:
No Class III feedlot/confinement permits shall be issued for feedlots which
exceed 1,000 head of livestock until financial assurance is provided to the
County Board to enable Cheyenne County to correct any environmental damage
caused by leaks, spills, runoff, or abandonment. Thus, all Class III
feedlot/confinement operations in excess of 1,000 head of livestock seeking a
Class III feedlot/confinement permit must submit to the County Board a written
estimate in current dollars of the cost to clean up environmental damage or
abandoned feedlots. The owner or operator must annually adjust the cost
estimate for inflation using the U.S. consumer price index for rural areas. The
cost estimate shall be calculated as follows:
1. Amount
of financial assurance required. The sum of the costs determined under Section
16.06 subparagraphs
2 and 3 minus any credit given in 16.06 subparagraph 4 shall be the financial
assurance amount
required under the provisions of this Section.
2. The cost of cleaning above ground facilities by a third party.
The cost shall be determined by:
A. Disposing of all manure stored on site.
B. Cleaning or removing all above ground
structures. For the purpose of this calculation, it shall be
assumed that the manure storage
container is 100% full. The estimate submitted explain how the
cost was determined.
3. The cost
of remediation of off-site contamination: The cost of remediation of off-site
contamination shall be calculated by multiplying the animal
weight capacity (the product of multiplying the maximum number of
animals which are confined at any one time by the average weight during a production
cycle) of the operation
by one dollar ($1.00) for those facilities which store manure in earthen manure
storage basins; by fifty cents ($0.50) for those
facilities which store manure in anaerobic lagoons; and by twenty five cents ($0.25) for those facilities which store manure in formed
manure storage structures.
4. Credit shall be given for maintaining wells. The financial
assurance amount shall be reduced by fifty percent (50%) for a facility that has installed groundwater
monitoring wells with at least one well located up
gradient and two wells located down gradient from the manure lagoon, basin, or
structure provided the test results are
submitted to the County Board annually and reveal no groundwater contamination.
Using EPA approved methods and procedures for
chemical analysis, each water sample drawn shall be tested for the following chemical constituents: pH, temperature,
ammonia-nitrogen, sulfate, total dissolved solids, total
organic carbon, nitrate-nitrogen, conductivity, total alkalinity, total
kjeldahl nitrogen, chloride, chemical
oxygen demand and sodium. If appropriate, the facility may substitute vadose
zone monitoring devices
for groundwater monitoring wells with the approval of the County Board.
16.07. Allowable financial
assurance mechanisms: The mechanisms used to demonstrate financial
assurance must insure that the funds necessary to meet the costs of clean-up
and remediation (as established in Section 16.06) will be available when they
are needed. In establishing financial assurance, feedlot/confinement operations
must choose from the following options:
1. Surety Bond: A facility may demonstrate financial assurance
by obtaining a payment or performance surety bond which conforms to the requirements
of this Section. The bond must be effective and a copy of the bond
must be filed with the County Board before a feedlot/confinement permit is
issued. At a minimum, the surety company issuing the
bond must be among those listed as acceptable sureties on federal bonds and
Circular 570 of the US Department of the Treasury. In addition, the bond shall:
A.
Be in an amount at least equal to
the cost estimates established in Section 16.06.
B.
Provide that the surety will become
liable under the bond obligations when the facility fails to perform
as guaranteed by the bond.
C.
Provide that surety may cancel the
bond by sending notice of certified mail to the facility and to the
County Board one hundred twenty (120) days in advance of the cancellation. If
the surety cancels
the bond, the facility must obtain alternate financial assurance or cease
operations.
2. Insurance: A facility may demonstrate financial assurance by obtaining insurance which conforms to the requirements of this Section. The Insurance policy must be effective and a copy of the policy must be filed with the County Board before a feedlot/confinement permit is issued. At a minimum, the insured must be authorized to transact the business of insurance in Nebraska. The policy shall provide:
A.
All funds will be available for
any on-site or off-site cleanup resulting from the operation. The policy must also guarantee that once
environmental cleanup has begun, the insurer will be responsible
for the paying out of funds to the facility or persons authorized to conduct
the cleanup in an amount equal to the face amount of
the policy.
B.
The policy must be issued for an
amount at least equal to the cost estimate for financial assurance established pursuant to Section 16.06.
C.
The policy must contain a
provision allowing assignment of the policy to a successor facility. Said assignment
may be conditional upon consent of the insurer, provided that such consignment
is not unreasonably
refused.
D.
The policy must provide that the
insurer may not cancel, terminate, or fail to renew the policy except for failure to pay the premium.
The automatic renewal of the policy must, at a minimum, provide the insurer with the option of
renewal at the amount of the expiring policy. If there is a failure
to pay the premium, the insurer may cancel the policy by sending notice of
cancellation by certified
mail to the feedlot/confinement operation and to the County Board one hundred
twenty (120) days in advance of the
cancellation. If the insurer cancels the policy, the facility must obtain alternate financial assurance or cease
operation. If the feedlot/confinement can obtain equivalent insurance coverage at a lower premium
rate through a different insurer, the feedlot/confinement may
change insurers provided that the new insurance policy becomes effective on or
before the date
of expiration their previous insurance coverage.
SECTION 17. COMMUNICATION TOWER REGULATIONS
17.01. General Standards: The following minimum standards shall apply to all communication towers when seeking a conditional use permit:
A. The height
of a communication tower shall not exceed the distance between the base of a
tower and any permanent
structure, utility line or road.
B. Communication towers shall not be constructed unless evidence
is demonstrated that the communication transmitter(s)
in question can not be practically located on either an existing structure or
an existing communication
tower.
C. All new communication towers shall be constructed in a manner that
will allow such tower to accommodate at least three additional communication
transmitters.
D. Communication towers shall not contain transmitters which
interfere with commercial or residential radio or television
signals.
E. All communication towers must comply with FAA regulations.
17.02. Application
Requirements: All applications for a conditional use permit for a
communication tower shall contain the following items:
A. A vicinity
map showing all permanent structures, roads, and utility lines within a two
mile radius of the proposed
tower.
B. Written evidence that the communication tower meets the
requirements listed in Section 17.01.
SECTION 18. MINING REGULATIONS
18.01. General Standards: The following minimum standards shall apply to all approved open pit mining operations:
A. The operator shall maintain haulage roads in a reasonably dust free
condition if within ¼ mile of a previously established
residential subdivision.
B. The hours of operation shall be limited to a period between 6:00
a.m. and 10:00 p.m. if the operation is located
within
one-fourth mile of a previously established subdivision.
C. Excavations shall not occur nearer than 10 feet from any
property line, nor nearer than 150 feet from any residence, unless written consent of the
owner of the residence or property is provided to the Planning Commission. Excavation shall occur not
nearer than 25 feet from any public road.
D. The slopes of any excavation shall not exceed 2 feet horizontal to
one foot vertical slope.
E. A reclamation plan shall be submitted with the conditional use
request. This plan shall include the following:
1. Use of area excavation.
2. Methods and type of vegetation proposed.
3. Description of final grading concept
which will remove rough contours, smoothing ridges, mounds, etc., into a more natural
condition.
4. Any other plans or description which
will further define the operator’s intent to reclaim the site.
5. A reclamation staging program.
F. A bond may be required by the County as a condition of approval to insure full com0pliance with conditions of reclamation.
SECTION 19. NON-CONFORMING USES
19.01. General: There are three types of nonconforming
uses:
1. Nonconforming Lot of Record: A lot which is part of a recorded subdivision
or a parcel of land, the deed to which was recorded prior to the adoption of
these regulations, and the lot does not comply with the lot area or width
requirements of the district in which it is located.
2. Nonconforming Structure: A structure that existed prior to the adoption of
these regulations that does not comply with the lot coverage, height or yard
requirements which are applicable to structures in the zoning district in which
it is located.
3. Nonconforming Uses: A use of a structure or of land that lawfully existed
prior to the adoption of these regulations which does not comply with the use
regulations applicable in the zin9ing district in which it is located.
19.02. Nonconforming Lots of
Record: The Zoning Administrator may issue a building permit for a
nonconforming lot of record provided that:
1. The lot is shown by a recorded plat or deed to have been owned separately
and individually from adjoining tracts of land at a time when the creation of a
lot the size and width at that location would have been prohibited by any
zoning regulations.
2. The lot has remained in separate and individual ownership from adjoining
tracts of land continuously during the entire time that the creation of the lot
has been prohibited by any zoning regulations.
3. The lot can meet all yard regulations for the district in which it is
located.
19.03. Nonconforming
Structures:
1. Authority to Continue: Any existing structure which does not comply with the
applicable intensity of use regulations and/or the applicable yard and height
regulations, may be continued, so long as it remains otherwise lawful.
2. Enlargement, Repair, Alterations: Any nonconforming structure may be
enlarged, maintained, repaired or remodeled, provided, however, that no
enlargement, maintenance, repair or remodeling shall either create any
additional nonconformity or increase the degree of existing nonconformity of
all or any part of the structure. Notwithstanding the above, a porch which is
covered by a roof which extends into a front setback area may be enclosed but
not in excess of the area covered by the existing roof.
3. Damage or Destruction: In the event that any nonconforming structure is
damaged or destroyed, by any means, to the extent of more than forty (40)
percent of its replacement value, the structure shall not be restored unless it
shall then conform to the regulations for the zoning district in which it is
located. When a structure is damaged to the extent of forty (40) percent or less,
no repairs or restoration shall be made unless a building permit is obtained
within six (6) months and restoration is actually begun one year after the date
of the partial destruction and is diligently pursued to completion.
4. Moving: No nonconforming structure shall be moved in whole or in part for
any distance whatever, to any other location on the same or any other lot
unless the entire structure shall thereafter conform to the regulations of the
zoning district in which it is located after being moved.
19.04. Nonconforming Uses:
1. Authority to Continue: Any lawfully existing use of part or all of a
structure or any lawfully existing use of land which existed prior to the
adoption of these regulations and does not comply with these requirements or these
regulations may be continued, so long as otherwise lawful and so long as it is
not specified to be terminated by these regulations.
2. Ordinary Repair and Maintenance:
A. Normal
maintenance and incidental repair or replacement, installation or relocation of
non-bearing partitions, non-bearing walls, fixtures,
wiring or plumbing, may be performed on any structure that is devoted in whole
or in part to a nonconforming use.
B. Nothing in these regulations shall be deemed to prevent the
strengthening or restoring to a safe condition of a structure in accordance with an order of
a public official who is charged with protecting the public safety and who declares the structure to be unsafe and orders its
restoration to a safe condition.
3. Extension: A nonconforming use
shall not be extended, expanded, enlarged or increased either in land area or
floor area without first having received a Conditional Use Permit.
4. Enlargement: No structure that
is devoted in whole or in part to a nonconforming use shall be enlarged or
added to in any manner unless the use shall then conform to the regulations of
district in which it is located unless first having received a Conditional Use
Permit.
5. Damage or Destruction: In the event that any structure that is devoted in
whole or in part to a nonconforming use is damaged or destroyed, by any means,
to the extent of more than forty (40) percent of its replacement value, the
structure shall not be restored unless the structure and its use shall then conform
to all regulations of the zoning district in which it is located. When the
damage or destruction is forth (40) percent or less, no repairs or restoration
shall be made unless a building permit is obtained and restoration is actually
begun within one year after the date of the partial destruction and is
diligently pursued to completion.
6. Moving: No structure that is devoted in whole or in part to a nonconforming
use and no nonconforming use of land shall be moved in whole or in part for nay
distance whatever to any location on the same or any other lot, unless the
entire structure and its use and the use of the land shall then conform to all
regulations of the zoning district in which it is located after being so moved.
Manufactured homes and mobile homes may be replaced on an existing utility
hookup outside a manufactured home park.
7. Change in Use: If no external structural alterations are made which will
expand the area or change the dimensions of the existing structure, any
nonconforming use of a structure or premises may be changed to another
nonconforming use, provided that the County Board, after receiving the
recommendation of the Planning Commission, shall find that the proposed use is
as appropriate or more appropriate to the district than the existing
nonconforming use. In permitting a change, the County Board, after receiving
the recommendation of the Planning Commission, may require conditions and
safeguards to protect surrounding areas and properties. Once the use has
changed it may no longer be returned to the original use or any other less
appropriate use.
8. Abandonment or Discontinuance: When a nonconforming use is discontinued or
abandoned for a period of twelve consecutive months, that use shall not be
re-established or resumed, and any later use or occupancy of the land or
buildings shall comply with the regulations of the zoning district in which the
land or buildings are located.
9. Nonconforming Residential Uses: No use which is accessory to a principal
nonconforming use shall continue after the principal use shall cease or
terminate unless the accessory use is permitted in the district.
10. Nonconforming Residential Uses: Notwithstanding the provisions of Section
9, any structure which is devoted to a residential use and which is located in
a “CB” District may be remodeled, expanded or enlarged. The structure shall not
be used to accommodate a greater number of dwelling or lodging units than the
structure accommodated prior to the work.
11. Change of Ownership: A nonconforming use may be continued, but not
increased, by a new owner of such property.
SECTION 20. CONDITIONAL USES
20.01. Conditional Use Permits: Conditional uses are those types of uses which, due to their nature are determined to be more intense than the normal uses permitted within a given zoning district or where the product, process, mode of operation or nature of business may prove detrimental to the health, safety welfare or property value of the immediate neighborhood and its environment. Within the various zoning districts, conditional uses that are specifically listed in the district regulations, may be permitted only after additional requirements are complied with as established within this section.
A. The
Cheyenne County Commissioners may approve the establishment of a conditional
use by granting a Conditional Use Permit. All requests for
a Conditional Use Permit shall be reviewed by the Cheyenne County Planning Commission. The Planning Commission recommendation
shall be forwarded to and considered by the County Board.
B. Any person filing an application for a Conditional Use Permit
shall comply with the County procedures and regulations
as set forth herein. Any expansion or enlargement of a Conditional Use shall be
treated as a new use and shall require a new application
under the provisions of this section.
C. Ordinary repairs and maintenance may be performed upon
structures associated with a Conditional Use so long as
such repairs and maintenance do not have the effect of expanding or enlarging
the use.
D. If the Conditional use has not commenced from the date of approval
or is discontinued for a period of three (3) consecutive years it shall be presumed
inactive. Cheyenne County shall initiate an administrative hearing to consider
whether to grant an extension of time to commence the use or revoke the
Conditional Use. If the Conditional
Use is revoked, it shall be necessary to follow the procedures and requirements
of this Section in order
to re-establish any Conditional Use.
20.02.
Application requirements for a Conditional Use Permit: The following
supporting documents shall be submitted as part of the application.
1. The following general information shall be submitted:
A. Name,
address, and telephone number of the applicants.
B. Name, address, and authorization of the owner of the property
proposed for the conditional use if different from above.
C. Legal description of the property under consideration.
D. Total acreage of the parcel under consideration.
E. Existing land use of the parcel under consideration.
F. Existing land uses of all the properties adjacent to said
property.
G. Signatures of the applicant and fee owners or their authorized
legal agent.
H. A certified list of the names, addresses and the corresponding
Parcel Identification Number assigned by the Cheyenne County Assessor of the surface
owners of the property within five hundred (500) feet of the property subject
to the applicant. The source of such records shall be the records of the
Cheyenne county Assessor, or an ownership
update from a title or abstract company or attorney, derived from such records,
or from the records of the Cheyenne County Clerk. If
the list was assembled from the records of the County Assessor, the applicant shall
certify that such list was assembled within thirty (30) days of the application
submission date.
2. A detailed description of the proposed operation and use shall be supplied.
Details for the following items, when applicable, are required:
A. Type
of use for which the application is being made.
B. Proximity of the proposed use to residential structures.
C. The number of shifts to be worked and the maximum number of
employees, if applicable.
D. The maximum number of users, patrons, members, buyers, or other
visitors that the Conditional Use facility is designed
to accommodate ant any one time.
E. Types and numbers of animals to be concentrated on the site
at any one time, if applicable.
F. Types and numbers of operating and processing equipment to be
utilized, if applicable.
G. Type, number, and uses of the proposed structures to be
erected.
H. Type, size, weight, and frequency of vehicular traffic and
access routes that will be utilized.
J. Size of stockpile, storage, or waste areas to be utilized.
K. Method and time schedule of removal or disposal of debris,
junk, and other wastes associated with the proposed use.
L. A time table showing the periods of time required for the
construction of the operation.
M. Proposed landscaping plans.
N. A statement delineating the need for the proposed use.
O. A description of the proposed fire protection measures.
P. Such additional information as may be required by the
Planning Commission or County Commissioners in order to determine that the application
meets the requirements of this Resolution and the policies of the Cheyenne County Comprehensive Development Plan.
3. The applicant shall submit the following statements:
A. A
statement explaining that the proposal is consistent with the Cheyenne County
Comprehensive Plan.
B. A statement which explains that the proposal is consistent with
the intent of the district in which the use is located.
C. A statement which explains that the uses which would be permitted
will be compatible with the existing surrounding
land uses.
D. A statement which explains that the uses which would be permitted
will be compatible with the future development of the surrounding area as permitted by the
existing zone and with future development as projected by the comprehensive plan.
E. A statement which explains that if the use is proposed to be
located in an agricultural district, that the applicant has demonstrated that a diligent effort has been
made to conserve productive agricultural land in the locational
decision for the proposed use.
F. A statement which explains that there is adequate provision for
the protection of the health, safety, and welfare of the inhabitants of
the neighborhood and the county.
4. A vicinity map must be submitted containing the following specifications:
A. Have a suitable scale approved by the zoning administrator.
B. The vicinity map shall delineate all of the required information
within a one-half mile radius of the property proposed
for a conditional use.
C. The following information shall be shown on the vicinity map:
1.
Section, township, and range.
2.
Scale and north arrow.
3.
Outline of the perimeter of the
parcel proposed for the conditional use.
4.
The general classifications and
distribution of soils over the parcel under consideration. Soil classification names and agricultural
capability classifications must be noted in the legend.
5.
Location and names of all roads,
irrigation ditches, and water features.
6.
Location of all residences within
a ½ mile radius, existing and proposed accesses to the property proposed for the conditional use, any
abutting subdivision outlines and names, and the boundaries of any adjacent municipality.
5. A plot plan of the conditional use area shall be drawn to the following
specifications:
A. The scale
of the plot plan at a suitable scale approved by the Zoning Administrator.
B. The plot plan should outline the boundaries of the parcel of land.
C. The plot plan shall identify and locate all of the following items
within the boundaries of the parcel and those items within 200’ of the
parcel:
1.
All public right-of-ways.
2.
All existing and proposed
structures.
3.
All utility easements or
right-of-ways for telephone, gas, electric, water, and sewer.
4.
Irrigation ditches.
5.
Adjacent property lines and
respective owners’ names if not shown on vicinity map.
6.
All hydrographic features
including streams, rivers, ponds, and reservoirs (named).
7.
Location of all moderate or severe
soil limitations.
8.
Location and design of storm water
management devices or structures.
9.
Location, amount, size and type of
any proposed landscaping, fencing, walls, berms, or other screening.
10. Such additional information as may be
reasonably required by the Planning Commission or County Board.
20.03.
Duties of the Zoning Administrator: The Zoning Administrator shall be
responsible for processing all applications for Conditional Use Permits in the
unincorporated area of Cheyenne County. The Zoning Administrator shall also
have the responsibility of ensuring that all application submittal requirements
are met prior to initiating any official action. Upon receipt of filing fee and
determination that the application submittal is complete, the Zoning
Administrator shall:
1. Set a Planning Commission hearing date not more than forty-five (45) days
after the complete application has been submitted along with the application
fee.
2. Give notice of the application for a Conditional Use Permit and the public
hearing date to those persons listed in the applications as surface owners of
property located within five hundred (500) feet of the parcel under
consideration. Such notification shall be mailed, first class, not less than
(10) days before the scheduled public hearing. Inadvertent errors by the
applicant in supplying such a list or the Zoning Administrator in sending such
notice shall not create a jurisdictional defect in the hearing process even if
such error results in the failure of a surrounding property owner to receive
such notification.
3. Post a sign for the applicant on the property under consideration for
Conditional Use Permit. The sign shall be posted adjacent and visible from a
publicly maintained road right-of-way. In the event the property under
consideration is not adjacent to a publicly maintained road right-of-way, one
sign shall be placed at the most prominent point place on the property and a
second sign posted at the point at which the access drive intersects a publicly
maintained road right-of-way. The sign shall be posted at least ten (10) days
prior to the hearing and shall contain the following information:
A.
Date and place of public hearing.
B. Location and phone number of the public office where
additional information may be obtained.
C. Applicant’s name.
D. Size of parcel of land.
E. Type of request.
4. Arrange for the legal notice of
said hearing to be published in the newspaper designated by the County Board
for publication of notices. At the discretion of the County Board, a second
notice may be published in a newspaper which is published in the area in which
the Conditional Use is proposed. Failure to publish the second notice shall not
create a jurisdictional defect in the hearing process. The date of publication
shall be at least ten (10) days prior to the hearing.
5. Refer the application to the following agencies, when applicable, for their
review and comment. The agencies named shall respond within fourteen (14) days
after the mailing of the application by the County. The failure of an agency to
respond within fourteen (14) days may be deemed to be a favorable response to
the Planning Commission. The reviews and comments solicited by Cheyenne County
are intended to provide the County with information about the proposed
Conditional Use. The Planning Commission and County Board may consider all such
views and comments and may solicit additional information if such information
is deemed necessary. The reviews and comments submitted by a referral agency
are recommendations to the county. The authority and responsibility for making
the decision to approve or deny the request for a Conditional Use Permit rests
with the Officials of Cheyenne County.
A. The
Planning Commission or Governing Body of any town or county whose boundaries
are within a three (3) mile radius of the parcel
under consideration.
B. Any irrigation ditch company with facilities on or adjacent to the
parcel under consideration.
C. The South Platte Natural Resource District (if applicable).
D. Nebraska Department of Health.
E. Nebraska Department of Environmental Quality.
F. Nebraska Department of Game and Parks.
G. Nebraska Historical Society.
H. Nebraska Department of Roads.
I. U.S. Soil Conservation Service.
J. U.S. Forest Service.
K. U.S. Bureau of Land Management.
L. Any other agencies or individuals whose review the Zoning
Administrator(s), the Planning Commission, or the County
Board deems necessary.
6. Prepare a report outlining findings and recommendations which will assist
the Planning Commission in making a decision in the matter. The report shall be
referred to the Planning Commission and the applicant at least three days prior
to the scheduled hearing date.
20.04. Duties of the Planning
Commission: The Planning Commission shall hold a hearing to consider the application
for the Conditional Use Permit. The Planning Commission shall provide
recommendations to the County Board of Commissioners concerning the disposition
of the requested Conditional Use Permit. The Planning Commission shall approve
the request for the Conditional Use Permit only if it finds that the applicant
has met the standards or conditions of Section 20.04, Section 20.06 and Section
20.07. The applicant has the burden of proof that the standards and conditions
of Section 20.04, Section 20.06 and Section 20.07 are met.
1. The applicant shall demonstrate the following:
A. That the proposal is consistent with the Cheyenne County
Comprehensive Plan.
B. That the proposal is consistent with the intent of the
district in which the use is located.
C. That the use which would be permitted will be compatible with
the existing surrounding uses.
D. That the uses which would be permitted will be compatible
with future development of the surrounding area as permitted
by the existing zoning and with the future development as projected by the
comprehensive plan.
E. That adequate water and sewer service can be made available
to the site to serve the uses permitted within the proposed zone district, if applicable.
F. That the following criteria are met when a conditional use
allows residential, commercial, or industrial developments
not near incorporated communities:
1. Quality agricultural land is not
proposed for conversion to an urban type use, and if so, the applicant must demonstrate that there
are no practicable alternatives.
2. That developments are adjacent to
adequately paved roads and in clusters to promote efficient development patterns where public and/or
private facilities are present or planned including; streets,
water, sanitary sewer and parks, if applicable.
3. A service district or other means are
established to maintain and operate any public facilities created
in the area.
4. Environmental constraints are applied to
control erosion and sewage affluent.
5. An analysis is made of both long and
short term County expenses and revenues resulting from the project and it is shown that the
County is not being obligated for direct or indirect services beyond the value of the revenues received
from the project.
6. The development is not disruptive to
existing agricultural activities.
7. It is demonstrated that there is a
recognized need for such development at this site.
8. The development is secure from fire,
floods and other dangers.
2. The Secretary of the Planning Commission shall forward the official
recommendation of the Planning Commission and the information contained in the
official record, which includes the case file, to the Clerk of the Board of
County Commissioners within ten (10) days after said recommendation has been
made.
3. If the Planning Commission
recommendation is conditional upon the applicant completing certain specified
items prior to the publication of the notice for the hearing by the County
Board of Commissioners, then the ten (10) day period shall commence upon
submission of the items by the applicant to the Zoning Administrator.
20.05. Duties of County Board
of Commissioners: The Board of County Commissioners duties:
1. The County Board shall set a Board of County Commissioners public hearing to
take place not more than forty-five (45) days after receipt of the Planning
Commission recommendation, or upon request of the applicant, for consideration
of the proposed Conditional Use Permit.
2. Arrange for a legal notice of said hearing to be published in the newspaper
designated by the County Board for publication notices. At the discretion of
the Board of County Commissioners, a second notice may be published in a
newspaper which is published in the area in which the Conditional use is
proposed. The failure to publish the second notice shall not create a
jurisdictional defect in the hearing process. The date of publication shall be
at least ten (10) days prior to the hearing.
3. Give notice of the application for a Conditional Use Permit and the public
hearing date to those persons listed in the application as surface owners of
the property located within five hundred (500) feet of the parcel under
consideration. Such notification shall be mailed, first class, not less than
ten (10) days before the scheduled public hearing. Inadvertent errors by the
applicant in supplying such list or the Board of County Commissioners in
sending such notice shall not create a jurisdictional defect in the hearing
process even if such error results in the failure of surrounding property owner
to receive such information.
4. Arrange for Zoning Administrator to post a sign on the property under
consideration for a Conditional Use Permit according to the Requirements of
Section 20.02.-4.
5. The County Board shall hold a public hearing to consider the application and
to take final action thereon. In making a decision on the proposed Conditional
Use, the County Board shall consider the recommendation of the Planning
Commission, and from the facts presented at the public hearing, and the
information contained in the official record which includes the case file. The
County Board shall approve the request for a Conditional Use only if it finds
that the applicant has met the standards or conditions of Sections 20.05,
20.06, and 20.07. The applicant has the burden of proof to show that the
standards of Sections 20.05, 20.06, and 20.07 are met. The applicant shall
demonstrate:
A. That
the proposal is consistent with the Cheyenne County Comprehensive Plan.
B. That the proposal is consistent with the intent of the
district in which the use is located.
C. That the use which would be permitted will be compatible with
the existing surrounding uses.
D. That the uses which would be permitted will be compatible
with future development of the surrounding area as permitted
by the existing zoning and with the future development as projected by the
comprehensive plan.
E. That the following criteria are met when a conditional use
allows residential, commercial, or industrial developments
not near incorporated communities:
1.
Quality agricultural land is not
proposed for conversion to an urban type use, and if so, the applicant must demonstrate that there
are no practicable alternatives.
2.
That developments are adjacent to
adequately paved roads and in clusters to promote efficient development patterns where public and/or
private facilities are present or planned including; streets,
water, sanitary sewer and parks, if applicable.
3.
A service district or other means
are established to maintain and operate any public facilities created
in the area.
4.
Environmental constraints are
applied to control erosion and sewage affluent.
5.
An analysis is made of both long
and short term County expenses and revenues resulting from the project and it is shown that the
County is not being obligated for direct or indirect services beyond the value of the revenues
received from the project.
6.
The development is not disruptive
to existing agricultural activities.
7.
It is demonstrated that there is a
recognized need for such development.
8.
The development is secure from
fire, floods and other dangers.
6. Where reasonable methods or techniques are available to mitigate any
negative impacts which would be generated by the proposed use upon the
surrounding area, the County Board may condition the decision to approve the
Conditional Use upon implementation of such methods or techniques and may
require sufficient performance guarantees to be posted with the County to
guarantee such implementation.
7. Upon the County Board making
its final decision, a resolution setting forth that decision will be drafted
and signed. A record of such action and a copy of the resolution will be kept
in the files of the Clerk to the Board.
8. If the Conditional Use Permit is approved, the County Board shall arrange
for the Zoning Administrator to record the Conditional Use Permit in the office
of the Cheyenne County Clerk.
20.06. Design Standards for
Conditional Use Permit: An applicant for a Conditional Use Permit shall
demonstrate compliance with the following design standards in the application
and shall continue to meet these standards if approved for development:
1. Adequate water service in terms of quality, quantity, and dependability is
available to the site to serve the uses permitted.
2. Adequate sewer service is available to the site to serve the uses permitted.
3. If soil conditions on the site are such that they present moderate or severe
limitations to the construction of structures or facilities proposed for the
site, the applicant has demonstrated how much limitations can and will be
mitigated.
4. Adequate fire protection measures are available on the site for structures
and facilities permitted.
5. The use shall comply with all offset and setback requirements of the zoning
district.
6. Uses by Conditional Use in the “A” Districts shall be located on the least
productive soils on the property in question unless the applicant can
demonstrate why such a location would be impractical or infeasible.
20.07. Operation Standards for
Conditional Uses: An applicant for a Conditional Use Permit shall
demonstrate conformance with the following operation standards in the Conditional
Use Permit application:
1. Neither direct or reflected light from any light source may create a traffic
hazard on public or private streets, no colored lights may be used which may be
used with traffic lights.
2. Property shall be maintained in such a manner that grasses and weeds are not
permitted to grow taller than twelve (12) inches. In no event shall the owner
allow the growth of noxious weeds.
SECTION 21. PLANNED UNIT DEVELOPMENTS “PUDs”
21.01. Intent: It is the intent of this Section to augment normal zoning requirements by achieving the following:
A. To
encourage innovations in residential, commercial, and industrial development
and renewal so that the growing demands of the population may be
met by greater variety in type, design, and layout of buildings and by
the conservation and more efficient use of open space ancillary to said
buildings.
B. To encourage a more efficient use of land and of public services,
or private services in lieu thereof, and to reflect changes in the technology of
land development so that resulting economics may ensure to the benefit of those
who need homes.
C. To lessen the burden of traffic on streets and highways.
D. To encourage the building of new neighborhoods incorporating the
best features of modern design.
E. To conserve the value of land.
F. To provide a procedure which can relate the type, design, and
layout of residential, commercial, and industrial development to the particular site,
thereby encouraging preservation of the site’s natural characteristics.
G. To encourage integrated planning in order to achieve the above
purposes and in order to achieve the objectives
of the Cheyenne County Comprehensive Plan.
21.02. Procedures:
1. All requests for Planned Unit Developments shall be processed under the
procedures of Section 20, Conditional Uses. In addition to the information
required therein, additional plans and details should be provided as needed to
describe the project. The Planning Commission, if deemed necessary, can require
additional information if needed to properly evaluate the proposed request.
2. If desired, the applicant may, prior to submitting complete plans, submit a
general plan for the subject site. This general plan will define location and
density of land use, access, and other schematic concepts to provide a general
concept of the project. This general or master plan shall be submitted to the
Planning Commission for review and comment only. No official action is taken,
the review is for information purposes only.
3. The final plan and development
standards, after approval by the County, shall be recorded in the County
Clerk’s and Recorder’s office. Thereafter, all permits issued for development
shall substantially conform to the approved recorded PUD plans. Deviations from
the recorded plats can only occur after reapplication, following the same
procedures for new applications.
4. In those instances where land
is also intended to be sold, the requirements of the County Subdivision
regulations shall also be met. To the extent logical, PUD plans and subdivision
plans can be processed simultaneously.
21.03. Standards: Since it
is the stated intent of the PUD to encourage variety, development standards
shall be kept to a minimum. It is felt, however, that standards for open space
and density must be defined to preserve the concepts of the comprehensive plan.
The following standards and conditions shall apply to all PUD plans:
1. Public open spaces shall be dedicated, reserved for future use, or developed
as a private park based on the following formula: (Gross Density x 2) + 5 + %
of public open space required. (Example: 10 units per acre gross density x 2 +
5 + 25 or 25% public open space required). This public open space shall be used
for public recreation and open space purposes only. This may include up to 50%
of a school site. This public open space may also be placed in a recreation
district. In lieu of dedication of land as set forth hereinabove, the County
Commissioners may decide to implement one or a combination of the following
policies:
A. The County
Commissioners may determine that the PUD applicant shall pay to the County in
cash an amount based upon the average market
value of the PUD property and based upon the average market value of the PUD property and based upon
the formula as set forth hereinabove. The fee shall be negotiated with
the applicant and if the County and the applicant fail to agree on the value of
the land, such value shall be fixed by a real estate appraisal by two
qualified appraisers who are acceptable to both the applicant and the County. If appraisers are required to satisfy negotiations,
the cost of said appraisals shall be the applicant’s responsibility.
B. In lieu of dedicating land within the proposed PUD site, the
applicant may dedicate an alternate parcel of land, consisting
of the same number of acres which would be required to be dedicated from the
proposed PUD site based upon the above formula, in another
area to which he has title which, in the sole and exclusive opinion of the
County Commissioners.
2. In determining which of the above policies to implement, the Planning Commission and the County Commissioners shall consider the following:
A. The size
of the proposed PUD development and its adequacy for accommodating a public use
site.
B. The public facility aspects of the County Comprehensive Plan and
the applicable school district’s master plan.
C. The existing parks and other public uses in the area.
D. The topography, geology, and location of land within the proposed
PUD site available for public dedication.
E. The needs of the people in the area and any other appropriate
factors.
3. Common private open space shall also occur in PUD area at a rate not less than forty percent (40%) of the total size. Up to fifteen percent (15%) of the forty percent (40%) requirement may be in private open space.
A. Common
private open space as required herein is shared jointly with all PUD residents
and is used for recreation or visual open space relief but is not used by the
general public and is considered to be that portion
of the site not developed as public (dedicated) open space, building pads, storage
areas, driveways, and parking
areas. The twenty five percent (25%) common private open space requirement
shall not apply to areas developed with single family detached
homes where the minimum lot size is 7,000 sq. feet.
B. Private open space as required herein is outdoor space deeded
to an individual resident of the PUD which may be used for personal
recreation space, visual relief, or for similar purposes by the owner of said
space.
4. The applicant shall provide for
and establish an organization for the ownership and maintenance of any common
open space, or show that other adequate arrangements for the
ownership and maintenance thereof be made. Regardless, approval of the organizational concept
shall be part of the approved PUD plan.
5. To encourage development of private common area in a manner usable by adjacent residents, the following incentives shall be applicable:
A. Recreation
Building: Each (1) square foot of building ground coverage is counted as two
(2) square feet of required
open space.
B. Enclosed Swimming Pool: Each (1) square foot of building
ground coverage is counted as two (2) square feet of required open
space.
C. Open Swimming Pool: Each (1) square foot of water surface is
counted as one and one half (1.5) square feet of required open space.
D. Tennis Court: Each (1) square foot of court is counted as one
and one quarter (1.25) square feet of required open space.
E. Putting Greens: Each (1) square foot of putting green is counted
as one and one quarter (1.25) square feet of required open space.
F. Play Equipment: Each (1) square foot of designated play area or
equipment is counted as one and one quarter (1.25)
square feet of required open space.
6. To encourage use of the PUD concepts, and to recognize the fact that good residential planning can effectively accommodate more people, densities may be increased in approved PUD’s over the density permitted outright in each zone as follows:
Permitted
by Right Permitted by PUD
A 0.2 units per acre 0.3 units per acre
RE 0.9 units per acre 1.1 units per acre
RL 4 units per acre 4.5 units per acre
7. If approved by the County, a
residential PUD may include all forms of housing (single-family, farm house,
mobile, multi-family, etc.). The design, however, shall protect the welfare of
existing and future residents within and adjacent to the project.
SECTION 22. SUBDIVISION
REGULATIONS
22.01. Intent: The intent of this section is to assure
the orderly subdivision of land and its development, to provide for the
harmonious and economic development of the County, for the coordination of
streets or roads within subdivision of land with other existing or planned
streets or roads, for adequate open spaces, and for the distribution of
population and traffic which will tend to create conditions favorable to
health, safety, convenience, and prosperity.
22.02. Purpose: The purpose
of these regulations is to provide for the orderly development of the County
and its environs by insuring, through prescribed rules and standards functional
arrangements of street layouts, open spaces, adequate community facilities and
utilities, to provide for the continued improvement of the standard of living
for the citizens by promoting new ideas and effective, efficient, and
attractive community design.
22.03. Definitions: For the
purposes of Section 22, a subdivision shall be defined as:
The separation in any manner of a parcel or tract of land into two or more lots
for the purpose of either immediate or future transfer of ownership or of
building or commercial land development. (Division of 40 or more acres in the
“A” zoning district for agricultural purposes is exempt from this definition.).
The definition includes resubdivision and shall relate to the process of
subdividing or to the land subdivided. For the purpose of recording any
separation of land, a plat of such division shall be submitted for approval in
accordance with Section 22.04.
Transfer of a lot or parcel by will, in testate succession or court ordered
partition is to be excluded from the provisions of this section. A plat must
show the signature of the County Board Chairman before it can be recorded.
For the purposes of Section 22, a sub divider or developer shall be defined as:
Any person, firm, partnership, joint venture, association or corporation who
shall participate as owner, promoter, developer, or sales agent in the
planning, platting, development, promotion, sales or lease of a subdivision.
22.04. Applicability:
1. Each separate principal use building within the planning area of the County
shall be situated on a separate and single subdivided lot of record.
2. No subdivision of land shall be
permitted within the County Planning Area unless a plat is approved in
accordance with the provisions of these Regulations.
3. These Regulations shall apply not only to subdivision as herein set forth
but shall also apply, insofar as payment of costs for improvement of
subdivision is concerned, to those subdivisions, or parts thereof, already
platted and approved, which are undeveloped, wholly or partially.
4. These regulations shall not apply to subdivision of burial lots in
cemeteries.
5. These regulations shall not
apply to a division of land for agricultural purposes into lots or parcels of
five (5) acres or more and not involving a new street.
22.05. Procedure: Any
person, partnership, or corporation intending to subdivide land within Cheyenne
County’s planning jurisdiction shall submit plans and plats as required by and
specified by this Resolution to the Planning Commission and the County Board
for review and approval. There are six steps in the subdivision process.
1. Pre-Application procedure:
A. Before
filing a preliminary plat the sub divider shall consult with the Planning
Commission or its staff for advice regarding general requirements
affecting the proposed development. A sketch of the proposed subdivision drawn on the topographical
survey map shall be submitted. The sub divider shall also submit a location map showing the relationship of
the proposed subdivision to existing or platted streets and arterioles and
existing community facilities.
B. The Planning Commission or its staff shall inform the sub divider
of the requirements pertaining to the proposed subdivision as such requirements are established by
these Regulations.
C. The pre-application procedure does not require formal application,
fee, or filing of plat with the Planning Commission.
2. Change of zone: The sub divider should apply for a change of zone as
outlined in Section 24.
3. Preliminary Plat Plan:
A. The sub divider shall submit to the zoning administrator five (5)
copies of the preliminary plat and supplemental
material specified with written application for conditional approval. Twelve
(12) copies are needed if plat is
larger than 11” x 17”. Said complete submittal shall occur at least 21 days
prior to the regular meeting of the Planning
Commission at which the request will be heard.
B. A plat review fee shall accompany the application for conditional
approval at $10.00 per subdivision, plus $1.00 per each lot.
C. A preliminary plat plan shall be submitted with the following
information:
1.
A copy of a title commitment
issued by a title insurance company.
2.
A certificate from the County
Treasurer showing no delinquent taxes for the preliminary plan area.
3.
A description of the types of uses
proposed for the subdivision.
4.
A summary explaining how the
developer will address any problems or concerns that were identified in the pre-application.
5.
The total number of lots proposed.
6.
A description of the subdivision
circulation system including road width, type and depth of road base and
surface, width and depth of borrow ditches, curb and gutter, and vehicle
parking arrangement. The circulation
system shall also include a description of any sidewalks, bike paths, or
trails.
7. A statement describing the ownership,
function, and maintenance of any open space or park within the proposed
subdivision.
8.
A description of the proposed
water system accompanied by an estimate of the total gallons of water per
day required for domestic use and emergency fire protection.
9.
A water supply resource report
containing written evidence that adequate water service in terms of quality, quantity, and dependability is
available for the type of subdivision proposed.
10.
A description of the proposed
sewage disposal containing written evidence that the proposed sewage disposal
is appropriate for the subdivision.
11.
The proposed method of financing
with an estimate of the infrastructure construction costs related to the proposed subdivision. Cost estimates
shall include, but not limited to the following:
A. Streets
and related facilities.
B. Water
distribution systems.
C. Storm
drainage facilities.
D. Sewage
collection systems.
E. Other
utilities and infrastructure as may be required.
12. A list of all public utilities and water
service providers located within five hundred feet (500’) of the proposed subdivision.
13.
A list of any covenants, grants of
easements, and restrictions imposed upon any land, buildings, and structures within the proposed
subdivision.
14.
A certified list of the names,
addresses, and the corresponding parcel identification numbers assigned by the Cheyenne County Assessor to the
owners of property of the surface estate within five hundred feet (500’) of the property subject to
the application. The applicant shall certify that such list was assembled
within thirty (30) days of the application submission date.
D. A preliminary plan vicinity map shall be submitted showing the following:
1.
The perimeter outline of the
proposed subdivision. The location of all existing and proposed accesses to the proposed subdivision.
2.
The location and name of all roads
and highways within five hundred feet (500’) of the perimeter of the proposed subdivision.
3.
The perimeter outline and
identification of subdivisions, zone districts, and any special districts
within five
hundred feet (500’) of the perimeter of the proposed subdivision.
E. A preliminary plat shall be submitted at a scale of 1”=200’ showing the following:
1.
North arrow, subdivision name,
total acreage, and legal description of the proposed subdivision.
2.
The location of tree clusters
(need not show location of all trees).
3.
Lots and blocks shall be numbered
consecutively. Lot dimensions shall be scaled to the nearest foot. The area of each lot shall be shown in
square feet.
4.
The street layout for the
subdivision. All streets shall be named and shall conform to the E911 numbering
system.
5.
The layout of future streets
adjacent to the subdivision shall be shown as a dashed line.
6.
Topographical contour lines
showing elevations two (2) foot intervals (or five (5) foot intervals at 1”=200’ scale).
7.
The location, size, and use of all
existing structures and existing and proposed easements. This includes easements for water, sewer,
electric, gas, and telephone lines. It also includes, but is not limited
to, irrigation ditches, water mains, and fire hydrants.
8.
A utility service statement block
shall appear on the preliminary plan plat map. The block shall identify each utility company, special
district, or municipality intending to service the subdivision. The block shall include:
A. The
name of the utility company.
B. A
dated signature and statement from the representative of the utility company
indicating one
of the following:
1.
Service is available.
2.
Service is available subject to
the following specific conditions.
3.
Service is not available for the
subdivision.
9. A drainage report.
F. The sub divider shall indicate by letter when improvements as
required will be provided. Any proposed restrictive
covenants for the land shall accompany the letter.
4. Preliminary Plan Approval:
A. At least
ten days prior to the Planning Commission meeting at which the Preliminary Plat
is to be considered for approval,
the Planning Commission shall submit a copy of the proposal to the school board
of each school district
which the proposed development affects, and shall notify the school board of
the meeting date. Copies of the plat may be submitted to any
other agency which may be affected.
B. After review of the Preliminary Plat and negotiations with
the sub divider, the Planning Commission shall reject or
conditionally approve the Preliminary Plat within 40 days after the official
meeting at which the Plat was considered.
C. The action of the Planning Commission shall be noted on three
copies of the Preliminary Plat, referenced and attached
to any conditions determined. One copy shall be returned to the sub divider,
one copy to the County Commissioners and one copy to be
retained by the Planning Commission.
D. Approval of a Preliminary Plat shall not constitute approval
of the Final Plat. Rather, it shall be deemed an expression
of approval or conditional approval of the submitted Plats a guide for the
preparation of the Final Plat, which will be subject to further
consideration by the Planning Commission and County Commissioners. Any
approval of the Preliminary Plat shall be effective for a period of one (1)
year unless an extension is granted by the Planning
Commission.
5. Final Plat: The preliminary plan must be approved by the County Board before a final plat can be submitted. A final plat shall be submitted to the Zoning Administrator for approval within one year of the date the preliminary plan has been approved by the County Board unless an extension of time is granted by the County Board within the one year’s time. The final plat shall conform to the approved preliminary plan as approved and to the requirements of all applicable ordinances and state laws; and if desired by the sub divider, it may constitute only that portion of the approved Preliminary Plat which he proposes to record and develop at the time; provided that such portion conforms to all requirements of these regulations. Submittal of any portion of the approved area shall be interpreted as satisfying the one (1) year requirement mentioned above. The Board may approve a modified final plat if changes reflect improvements in design. The following information shall be submitted including the original and five copies as part of a final plat application:
A. A preliminary plat plan shall be submitted with the following information:
1.
A copy of a title commitment
issued by a title insurance company.
2.
A description of the type of uses
proposed for the subdivision.
3.
A summary explaining how the
developer will address any problems or concerns that were identified in the preliminary plat plan.
4.
The total number of lots proposed.
5.
A description of the subdivision
circulation system including road width, type and depth of road base and
surface, width and depth of borrow ditches, curb and gutter, and vehicle
parking arrangement. The circulation system shall also
include a description of any sidewalks, bike paths, or trails.
6.
A statement describing the
ownership, function, and maintenance of any open space or park within the proposed
subdivision.
7.
A statement indicating if
on-street parking will be permitted within the proposed subdivision.
8.
If the applicant is to dedicate
land for schools, roads, parks, or other public purposes, a letter of intent from the appropriate public agency
stating it will accept the lands to be dedicated.
9.
A description of the proposed
water system accompanied by an estimate of the total gallons of water per
day required for domestic use and emergency fire protection.
10.
A water supply resource report
containing written evidence that adequate water service in terms of quality, quantity, and dependability is
available for the type of subdivision proposed.
11.
A copy of a contact or some tangible
guarantee providing for a common water supply if water is required to be supplied by a water
district, municipality, or other.
12.
A description of the proposed
sewage disposal containing written evidence that the proposed sewage disposal
is appropriate for the subdivision.
13.
A list of any covenants, grants of
easement, and restrictions imposed upon any land, buildings and structures within the proposed
subdivision.
14.
A copy of a Nebraska Department of
Roads access permit if a new street intersects with a state highway.
15.
Proof of an existing easement or
dedicated right-of-way when it is contiguous to an easement or right- of-way
of the proposed subdivision.
16.
A certified list of the names,
addresses, and the corresponding parcel identification number assigned by the Cheyenne County Assessor to the
owners of property of the surface estate within five hundred feet (500’) of the property subject to the
application. The applicant shall certify that such list was assembled
within thirty (30) days of the application submission date.
B. A final plat map shall be submitted at a scale of 1”=100’ showing the listed requirements:
1.
The plat shall be delineated in
black ink on Tracing Cloth, Mylar, or similar material.
2.
The final plat shall contain the
original signatures and seals of all parties required.
3.
North arrow, subdivision name,
total acreage, date, total number of lots, name and address of the owner(s) of record, legal description of
the proposed subdivision, and scale.
4.
Lots and blocks shall be numbered
consecutively. Lot dimensions shall be scaled to the nearest foot. The area of each lot shall be shown in
acres except when lots are less than one acre they shall be shown
in square feet.
5.
All streets, walkways, and alleys
shall be designated and identified by bearings and dimensions. All streets shall be named and shall conform
to the E911 numbering system.
6.
The location, size, and use of all
existing structures and existing and proposed easements. This includes easements for water, sewer,
electric, gas, and telephone lines. It also includes, but is not limited
to, irrigation ditches, water mains, and fire hydrants.
7.
A utility service statement block
shall appear on the preliminary plan plat map. The block shall identify each utility company, special
district, or municipality intending to service the subdivision. The block shall include:
A. The
name of the utility company.
B. A
dated signature and statement from the representative of the utility company
indicating one of the following:
1. Service is available.
2.
Service is available subject to
the following specific conditions.
3.
Service is not available for the
subdivision.
8.
All land within boundaries of the
subdivision shall be accounted for either as lots, easements, right-of- way, private street, alley, walkway,
trail, or public area.
9.
If the final plat is revised, a
copy of the original final plat shall be provided for comparison purposes
10.
A final drainage report shall be
submitted.
11.
The following final plat
supporting documents shall be submitted as part of a final plat application:
A. A certificate from the County Treasurer
showing all public dedications.
B. A
title commitment or a title option covering all public dedications.
C. A
warranty deed, if required, deeding to the appropriate entity any lands to be
used for the benefit of the public or owners of this
subdivision.
12. The final plat shall contain the following certificates and seals:
A. Certificate of Dedication, Ownership, and Maintenance:
Know all persons by those present that ______ being the Owner(s), Mortgage or Leinholder of certain lands in Cheyenne County, Nebraska, described as follows:
Beginning ____________ containing _____ acres, more or less, have by these presents laid out, platted, and subdivided the same into lots and blocks, as shown on this plat, under the name and style of and do hereby dedicate to Cheyenne County, public, school district, owners and future owners of this subdivision all ways, public rights-of-way, easements, parks and open space, and other public right-of-way and easements for purposes shown hereon.
Executed
this ___ day of _________________, 19___.
___________________________________________
(Owner, Mortgagee, or
Lienholder)
The
foregoing dedication was acknowledged before me this ___ day of
______________________,
20___.
My
Commission expires ______________________
Notary
Public
___________________________________________
Witness
my hand and seal
B. Surveying Certificate:
I,
____________________________, a registered Professional Land Surveyor
in the State of Nebraska do hereby certify that the survey represented by this plat was made under
my personal supervision and checking. I further certify that the
survey and this plat complies with all applicable
rules, regulations, and laws of the State of Nebraska.
By:
__________________________
_____________
Registered Land Surveyor Date
C. Certificate of Approval by the County Board:
This plat is
approved by the Cheyenne County, Nebraska Board of Commissioners. Approval of this plat
does not constitute acceptance of any
dedication.
Witness
my hand and the corporate seal of Cheyenne County, Nebraska this_____ day of ____________________,
19___.
__________________________________________
Chairman, Cheyenne County
Board of Commissioners, Nebraska
ATTEST:
By:
__________________________
_____________
Cheyenne County Clerk Date
D. A certificate by the Engineer certifying that the sub divider has posted a bond or certified check which is available to the County, and in sufficient amount to assure completion of all required improvements; or, certifying that all required improvements have been installed in accordance with the approval of the preliminary plat by the Planning Commission.
C. Protective covenants in form for recording.
6. Final Plat Approval: The
planning commission shall approve or reject the Final Plat and have prepared a
recommendation to the County Commissioners recommending approval or rejection.
All reasons for recommending rejection shall be clearly stated. Notification of
approval or rejection by the Planning Commission or the County Commissioners
shall be given the sub divider within 80 days after submission of the Final Plat Plan to the Planning Commission,
unless an extension was agreed upon by the sub divider and the Planning
Commission or the County Commissioners. The Final Plat and Planning Commission
recommendations shall be reviewed by the County Commissioners at their next
regularly scheduled meeting following Planning Commission action. (If the
Commissioners’ agenda for that first regularly scheduled meeting is full, the
subdivision request shall then be rescheduled for their next regular meeting).
22.06. Natural Resource
Regulations: Each request and application for a subdivision in Cheyenne
County may be accompanied by a Resource Conservation Plan prepared by the South
Platte Natural Resource District, recommending measures needed to control
erosion, flooding, and the reduction of sedimentation according to minimum
standards and specifications of the South Platte Natural Resources District.
The Cheyenne County Planning Commission and the Cheyenne County Commissioners
shall find and determine the ultimate Resource Conservation Plan that shall be
implemented and provide for the terms of such development.
22.07. Design Guidelines:
Design and improvement considerations to be evaluated by the Planning
Commission and County Board for proposed subdivisions.
1. General Guidelines:
A. Subdivision
design shall conform to standards of the Comprehensive Plan and to the County
zoning regulations.
B. Each lot in a subdivision shall abut a public street unless
otherwise recommended by the Planning Commission and on
exception approved by the County Commissioners.
C. All subdivision designs shall indicate that consideration was
given for economic aspects of maintenance of safe, convenient,
comfortable and attractive community facilities.
D. After the effective date of these regulations, no newly
subdivided lot shall have access to an arterial street as such street is indicated in the Comprehensive
Plan.
2. Streets:
A. Right-of-way,
street grade, and paving design shall be in conformance with minimum standards
suggested in the Comprehensive Plan
or as approved by the Engineer. (See Exhibit A for Standards)
B. Arterial streets and collector streets shall be properly
integrated with the existing and proposed system of streets and
highways.
C. No subdivision shall prevent the extension of arterial and
collector streets through and beyond the subdivision in a
direction away from the center of a nearby City. The sub divider may plat and
design the collector streets not extended on the
Comprehensive Plan subject to approval of the Planning Commission.
D. Minor streets shall be designed to conform to the topography,
to discourage use by through traffic, to permit the design of
efficient storm and sanitary sewer systems; and to require the minimum street
area necessary to provide safe and convenient access to
abutting property.
E. Cul-de-sac streets designed to have one end permanently closed
shall not exceed 600 feet in length and shall be posted
as a non-through street. The terminating end of a cul-de-sac shall have a
turn-around with a minimum property line radius of 50 feet.
F. The Planning Commission and County Commissioners may require
dedicated passage (alleys) in commercial and industrial districts
for off-street loading and service access.
G. Minor streets shall not be designed for extension beyond the
subdivision shown on the Preliminary Plat submitted
for approval, unless the adjoining land is land locked without road access, or
for some other reason
access is desired by the Planning Commission or County Commissioners.
H. Curves in Streets –Horizontal and Vertical:
1.
A tangent at least one hundred
(100) feet long shall be introduced between reverse curves on arterial and
collector streets.
2.
Where there is a deflection angle
of more than ten (10) degrees in the alignment of a street, a curve with a radius adequate to insure safe
sight distance shall be made.
The minimum radii of curves shall be:
Street
Type Minimum Curve Radius
Arterial 300 feet
Collector 300 feet
Minor 100 feet
3.
Every change in grade shall be
connected by a vertical curve constructed so as to afford a minimum sight distance of two hundred (200)
feet, said sight distance being measured from a driver’s eyes, which are assumed to be four and
one-half (4 ½) feet above the pavement surface, to an object four inches high on the pavement. Profiles of
all streets, showing natural and finished grades, drawn to an approved scale, may be required.
Exhibit A: Street Standards
|
Type of Road |
Number of Lanes |
Shoulder Width |
Minimum ROW |
Surfacing |
Surface Width |
Maximum Grade |
Curb &Gutter |
Sidewalk |
|
Perimeter Systems |
|
|
|
|
|
|
|
|
|
Arterioles |
2-4 |
10 ft |
100 ft |
Paved |
24-48 ft |
6% |
No |
No |
|
Collectors |
2 |
10ft |
80 ft |
Paved |
24 ft |
7% |
No |
No |
|
Local |
2 |
8 ft |
60 ft |
Gravel |
24 ft |
7% |
No |
No |
|
|
|
|
|
|
|
|
|
|
|
Interior System |
|
|
|
|
|
|
|
|
|
Arterioles |
2-4 |
10 ft |
100 ft |
Paved (1) |
24-48 ft (2) |
7% |
Yes (1) |
Yes (1) |
|
Collectors |
2 |
10 ft |
80 ft |
Paved (1) |
28 ft (2) |
8% |
Yes (1) |
Yes (1) |
|
Local |
2 |
8 ft |
60 ft |
Paved (1) |
28 (2) |
10% |
Yes (1) |
Yes (1) |
(1) May be Optional depending on
use of street in the subdivision and the density proposed (see Exhibit B)
(2) Add greater width for parking and turning lanes if they are to be provided.
Additional widths can be
determined by using the following guides:
Travel land width 10 to 12 feet
Turning Lane width........... 8 to 10 feet
Parking Lanes 8
feet
Exhibit B: Guide for Basic Improvement Desired
|
|
Central Sewage Treatment |
Central Water |
Paved Streets |
Curb/ Gutter Sidewalk |
Park and Recreation Area |
Storm Drainage |
Landscaping/ Screening |
Street Signs & Number
System |
Street Lights |
|
5-10 acre lots |
|
X |
|
|
|
|
|
X |
|
|
1-5 acre lots |
V |
X |
O |
O |
O |
O |
O |
X |
O |
|
8,000 sq ft–1 acre |
X |
X |
X |
X |
X |
O |
O |
X |
X |
|
4,000-8,000 sq ft |
X |
X |
X |
X |
X |
O |
O |
X |
X |
|
Mobile Homes |
X |
X |
X |
X |
X |
X |
X |
X |
X |
|
Multiple-Family |
X |
X |
X |
X |
X |
X |
X |
X |
X |
|
Seasonal Housing |
X |
X |
X |
X |
O |
O |
O |