STANTON COUNTY, NEBRASKA
ZONING REGULATIONS
RESOLUTION NO. 743 98

 

 

Zoning regulations restricting the use of land and the use and location of buildings and structures: regulating and restricting the height and bulk of buildings and structures and determining the area of yard, courts and other places surrounding them; dividing the county into districts for such purposes; adopting a map of the County showing boundaries of district and the classification of such districts; defining certain of the terms used in said regulations; establishing an appeals board; providing for changes and amendments to the said regulations; prescribing penalties for the violation of its provisions; and repealing the original zoning resolution and amendments thereto.

 

Be it resolved by the Stanton County Board of Commissioners that:

 

 

ARTICLE 1: TITLE

 

These Regulations shall be known and may be cited as the Zoning Regulations for Stanton County, Nebraska.

 

 

ARTICLE 2: REPEAL

 

Any zoning resolution and all amendments thereto are hereby repealed.

 

 

ARTICLE 3: SCOPE

 

In the interpretation and application, the provisions of these regulations shall be held to be the minimum requirements adopted for the promotion of the public health, safety and welfare. Where these regulations impose a greater restriction upon land, buildings, or structures than is imposed or required by existing provisions of law, contract or deed, the provisions of these regulations shall control.

 

 

ARTICLE 4: PURPOSE

 

The purpose of these regulations are to promote health, safety, morals or the general welfare of the County, and to secure safety from fire, flood, and other dangers and was designed to lessen the congestion in the streets, roads, and highways, to provide adequate light and air, to prevent the overcrowding of lands, to avoid undue concentration of population, and to facilitate the adequate provisions of transportation, water, services, schools, parks, and other public requirements.

 

 


 

ARTICLE 5: ESTABLISHMENT OF DISTRICTS; PROVISION FOR OFFICIAL ZONING MAP

 

Section 1. Districts.

 

For the purpose of these regulations Stanton County, Nebraska, except the jurisdictional limits of the City of Stanton and the Village of Pilger, is hereby divided into the following districts:

 

A-1
A-2
A-3
R-1
R-M
C-1
I-1
I-2
PUD
MUD
FF
FW

Agricultural District
Agricultural - Transitional District
Agricultural Overlay District
Residential - Suburban District
Mobile Home - Residential District
Commercial District
Light Industrial District
General Industrial District
Planned Unit Development added May 2002/amended to read MUD
Mixed Use Development Overlay District added June 2006
Flood Fringe Overlay District
Floodway Overlay District

 

Section 2. Official Zoning Map.

 

The boundaries of these districts are hereby established as shown on the Official Zoning Map which includes a plat of Woodland Park, Stanton County, Nebraska, which is hereby attached and made a part of with all explanatory matter thereon, is hereby adopted by reference and is hereby declared to be a part of these regulations.

 

The Official Zoning Map shall be identified by the signature of the Stanton County Board of Commissioners attested to by the County Clerk, and bearing the seal of the County under the following words: "This is to certify that this is the Official Zoning Map referred to in Article 5 of Resolution No. 743-98 in Stanton County, Nebraska" together with the date of the adoption of these regulations.

 

If, in accordance with the provisions of this resolution, changes are made in district boundaries or other matter portrayed on the Official Zoning map, such changes shall be made on the Official Zoning Map promptly after the amendment has been approved and adopted by the Board of the County Commissioners.

 

Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map which shall be located in the office of the County Clerk shall be the final authority as the current zoning status of land, water areas, buildings and other structures.

 

 


 

ARTICLE 6: INTERPRETATION OF DISTRICT BOUNDARIES

 

Section 1. Boundaries.

 

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

 

1.1             Boundaries indicated as approximately following the center lines or right-of-way of streets, highways or alleys shall be construed to follow such center or right-of-way lines unless otherwise noted.

 

1.2             Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

 

1.3             Boundaries indicated as following city limits shall be construed as following city limits.

 

1.4             Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

 

1.5             Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in the event of change in the shore line shall be construed as moving with the actual shore line; boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such center lines.

 

1.6             Boundaries indicated as parallel to or extensions of features indicated in subsection 1.1 through 1.5 above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.

 

1.7             Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstance not covered by subsections 1.1 through 1.6 above, the Board of Adjustment shall interpret the district boundaries.

 

 


 

ARTICLE 7: APPLICATION OF DISTRICT REGULATIONS

 

Section 1. Application.

 

The regulations set by this resolution within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as hereinafter provided:

 

2. 1           No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, relocated, moved or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.

 

2. 2           No building or other structure shall hereafter be erected or altered:

 

A.    to exceed the height;

B.     to accommodate or house a greater number of families;

C.     to occupy a greater percentage of lot area;

D.    to have narrower or smaller rear yards, front yards, side yards, or other open spaces; than herein required; or in any other manner contrary to the provisions of these regulations.

 

2. 3           No part of a yard, or other open space, or off-street parking or loading space required for or in connection with any building for the purpose of complying with these regulations shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.

 

2. 4           No yard or lot existing at the time of passage of these regulations shall be reduced in dimension or area below the minimum requirements established by these regulations.

 

2. 5           No water or sewer facility shall be constructed, altered, connected or used unless in conformity with all of the regulations herein specified.

 

Section 2. Conflicts.

 

Whenever these regulations require a greater width of size of yard, courts, or other open spaces, or requires a lower height of building or less number of stories or requires a greater percentage of lot to be left unoccupied or impose other higher standards than are required in any other statute or local ordinance or regulation, the provisions of the regulation made under authority of said sections shall govern. Wherever the provisions of any other statute or local ordinance or regulation require a greater width or size of yards, courts, or other open space or require a lower height of building or a less number of stories or require a greater percentage of lot to be left unoccupied or impose other higher standards than are required by the regulations made under authority of said sections, the provisions of such statute or local ordinance or regulation shall govern.

 

 


 

ARTICLE 8: CONDITIONAL USES, PROCEDURES AND STANDARDS

 

For the purpose of providing the most appropriate use of land throughout a district and giving maximum consideration to the character of the district and its peculiar suitability for particular uses in the areas affected by these regulations, permitted uses and conditional uses are provided for in the various district regulations.

 

Section 1. Permitted Uses:

 

Permitted uses are those uses permitted outright in the district.

 

Section 2. Conditional Uses: Amended February 2000

 

Conditional uses are those that would not be appropriate generally throughout the zoning district without restrictions, but which, if controlled as to number, area, location, size or relation to the district and would protect the comfort, convenience, appearance, prosperity or general welfare of abutting properties, citizens and the county.

2.1             Procedure. After receiving an application and fee, the amount to be established by the governing body, and after a public hearing, the planning commission may authorize a conditional use permitted in a zoning district, provided it is found that the location and characteristics of the use will not be injurious to the health, safety, morals and general welfare of the area. An application for a conditional use permit shall include a site plan which shall denote the location of any hazardous materials. Notice for such hearings shall be given in the manner provided by these regulations.

 

Procedure. After receiving an application and fee, the amount to be established by the governing body, and after a public hearing, the Conditional Use Permit shall be recommended by the planning commission and approved by the County Board in a zoning district, provided it is found that the location and characteristics of the use will not be injurious to the health, safety, morals and general welfare of the area. An application for a conditional use permit shall include a site plan which shall denote the location of any hazardous materials. Notice for such hearings shall be given in the manner provided by these regulations.

 

2. 2           Standards. The conditional uses shall conform to the intent and purpose of these regulations, the comprehensive plan and the following requirements:

 

A.              The use shall in all other respects conform to the applicable regulations of the district in which it is located.

 

B.               Ingress and egress shall be so designed as to minimize congestion in the public street, road or highway.

 

C.               The use shall be in harmony with the character of the area and most appropriate use of the land. The planning commission considering an application for a conditional use may consider, among other things, the most appropriate use of land, the conservation and stabilization of the value of property, adequate open space for light and air, concentration of population, congestion of public streets, and the promotion of public safety, health, convenience, and comfort. The planning commission may stipulate and require such conditions and restrictions upon the conditional use and operation as is deemed necessary for the protection of the public interest and to secure compliance with these regulations. All decisions of the planning commission may be appealed to the governing body, by any person aggrieved by the decision of the planning commission, or any taxpayer, officer, department, board, or bureau of the county. Such appeal must be presented to the Zoning Administrator with fifteen (15) days after the decision is made by the planning commission. In the event of an appeal, the governing body, after a public hearing, may reverse, affirm or modify the decision of the planning commission.

The use shall be in harmony with the character of the area and most appropriate use of the land. The planning commission and County Board considering an application for a conditional use may consider, among other things, the most appropriate use of land, the conservation and stabilization of the value of property, adequate open space for light and air, concentration of population, congestion of public streets, and the promotion of public safety, health, convenience, and comfort. The planning commission and/or County Board may stipulate and require such conditions and restrictions upon the conditional use and operation as is deemed necessary for the protection of the public interest and to secure compliance with these regulations. All decisions of the County Board may be appealed to the District Court, by any person aggrieved by the decision of the County Board, or any taxpayer, officer, department, board, or bureau of the county.

 

2. 3           If an approved conditional use is not begun within a period of twelve (12) months following approval, the conditional use permit shall become null and void.

 

2. 4           Failure to observe and maintain the conditions and restrictions of the conditional use permit shall be considered a violation of these regulations and subject to a penalty as provided herein and shall be grounds for a review of the conditional use permit. Review of a conditional use permit may be requested by the Zoning Administrator, the planning commission or by the governing body. In the event of the review of a conditional use permit as provided herein, a public hearing shall be held by the planning commission and County Board. Notices of public hearing shall be as provided within these regulations. Following the public hearing, the planning commission may leave the conditional use permit unaltered, revoke the permit, or alter the permit by adding, deleting or modifying the conditions or restrictions. Any decision of the planning commission regarding the review may be appealed to the governing body which, after a public hearing may reverse, affirm or modify the decision of the commission. Procedures for an appeal shall be as provided for within this section. Following the public hearing, the Conditional Use Permit shall be recommended by the planning commission and the county board may leave the conditional use permit unaltered, revoke the permit, or alter the permit by adding, deleting or modifying the conditions or restrictions. Any decision of the county board regarding the review may be appealed to District Court.

 

2. 5           Conditional use permits are issued for the use of the property according to the terms of the permit or until the use of the property is changed to a permitted use or another allowed conditional use in the district. To change to another conditional use allowed within the district, the same procedures of this section for establishing a conditional use shall be followed.

 

2. 6           The Zoning Administrator shall cause the special use permit, any amendments and all applicable instruments to be filed with the register of deeds for recording. The recording costs shall be paid by the applicant for the conditional use permit.

 

 

ARTICLE 9: COMPREHENSIVE PLAN RELATIONSHIP

 

These zoning regulations are designed to implement various elements of the comprehensive plan as required by state statutes. Any amendment to the district regulations or map shall conform to the comprehensive plan adopted by the governing body.

 

 

ARTICLE 10: CLASSIFICATION OF UNLISTED USES, MATRIX

 

The many uses of land are too numerous to list within the text of each zoning district. Only the most common uses are listed. Additional land uses and the zoning district within which they are allowed either as a permitted use or conditional use are shown within a land use matrix which is a part of these regulations and have the same force and effect as if these uses were listed within the zoning district. Uses not listed may be located within a zoning district where similar or related uses are allowed. This determination shall be made by the Zoning Administrator.

 

 

ARTICLE 11: NON-CONFORMING LOTS, NON-CONFORMING USES OF LAND, NON-CONFORMING STRUCTURES, AND NON-CONFORMING USES OF STRUCTURES AND PREMISES.

 

Section 1. Intent

 

Within the districts established by these regulations or amendments that may later be adopted there exists lots, structures and uses of land and structures which were lawful and not in violation of any zoning regulation of Stanton County before these regulations were passed or amended, but which would be prohibited, regulated or restricted under the terms of these regulations or future amendment.

 

It is the intent of these regulations to permit these non-conformities to continue until they are removed, but not to encourage their survival. Such uses are declared by these regulations to be incompatible with permitted uses in the districts involved. It is further the intent of these regulations that non-conformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

 

In those instances where lots, structures, and uses of land and structures were not lawful at the time these regulations were passed or amended, Stanton County reserves the right to and intends to take action to require correction of such unlawful practices. Unlawful uses and practices shall not be accepted as non-conforming uses and practices by allowing such to exist for any period of time.

 

A non-conforming use of a structure, a non-conforming use of land, or a non-conforming use of a structure and land shall not be extended or enlarged after passage of these regulations by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved.

 

To avoid undue hardship, nothing in these regulations shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of these regulations and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent positions and fastened in a permanent manner; except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.

 

Section 2. Non-Conforming Structures.

 

Where a lawful structure exists at the effective date of adoption or amendment of these regulations that could not be built under the terms of these regulations by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure of its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

 

2. 1           No such structure may be enlarged or altered in a way which increases its non-conformity.

 

2. 2           Should such structure be destroyed by any means to an extent of more than fifty percent (50%) of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of these regulations.

 

2. 3           Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

 

Section 3. Non-conforming Uses of Structures.

 

If a lawful use of a structure, or of structure and premises in combination, exists at the effective date of adoption or amendment of these regulations, that would not be allowed in the district under the terms of these regulations, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

3. 1           No existing structure devoted to a use not permitted by these regulations in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

 

3. 2           Any non-conforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of these regulations, but no such use shall be extended to occupy any land outside such building;

 

3. 3           If no structural alterations are made, any non-conforming use of a structure, or structure and premises, may be changed to another non-conforming use provided that the Board of Adjustment, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing non-conforming use. In permitting such change, the Board of Adjustment may require appropriate conditions and safeguards in accord with the provisions of these regulations.

 

3. 4           Any structure, or structure and land in combination, in or on which a non-conforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the non-conforming use may not thereafter be resumed.

 

3. 5           When a non-conforming use of a structure, or structure and premises in combination, is discontinued or abandoned for twelve (12) consecutive months or for twelve (12) months during any three-year period, the structure or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located.

 

3. 6           Where non-conforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the non-conforming status of the land.

 

Section 4. Repairs and Maintenance.

 

On any building devoted in whole or in part to any non-conforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing, to an extent not exceeding ten percent (10%) of the current replace value of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of these regulations shall not be increased.

 

Section 5. Uses Under Exception Provisions, Not Non-Conforming Uses.

 

Any use for which a conditional permit is issued, as provided, in these regulations, shall not be deemed a non-conforming use, but shall without further action be deemed a conforming use in such district subject to conditions of the permit.

 

 

Stanton County Zoning Regulations-1998