ARTICLE 18B: HCO – HIGHWYA CORRIDOR OVERLAY
Added August 14, 2000
Section 1. Intent
It is the intent of the Highway Corridor Overlay, HCO, to provide for the logical economic development of facilities along major highways within the county while allowing agricultural operations to continue into the future.
Section 2. Purpose
The HCO provides basic guidelines that promote quality design along the most visible and heavily traveled road corridors in Stanton County zoning jurisdiction: presently Highway 275, Highway 35 and Highway 35 Expressway. The HCO is intended to; encourage development design that strengthens the physical character and image of Stanton County, support the value of property and quality of development and major highway corridors, setting basic requirements for good site design and development, building design, landscaping and signage without discouraging creativity and flexibility in design, permit safe and convenient transportation access and circulation for motorized and non-motorized vehicles and for pedestrian, manage the impact of commercial and industrial development on adjacent neighborhoods.
Section 3. Boundaries
The HCO applies to the following areas:
1. Land within one-quarter (1/4) mile from the center line of Highway 35 within the planning jurisdiction of Stanton County.
2. Land within one-quarter (1/4) mile from the center line of the proposed Highway 35 Expressway within the planning jurisdiction of Stanton County.
3. Land within one-quarter (1/4) mile from the center line of Highway 275 within the planning jurisdiction of Stanton County.
Section 4. Requirements
1. The minimum lot size allowed for a HCO shall be 3 (three) acres.
2. The developer shall furnish such performance bonds, escrow deposit or other financial guarantee for public improvements as may be determined by the County Board to be reasonably required to assure performance in accordance with the development plan and to protect the public interest in the event of abandonment of said plan before completion.
3. A zoning change is not required.
Section 5. Standards and Conditions for Development
A Highway Corridor Overlay shall not be inconsistent with the following general standards for use of land, and the use, type, bulk, and location of buildings, the density or intensity of use, common open space and public facilities.
1. The development shall not impose an undue burden on public services and facilities, such as fire and police protection.
2. The location and arrangement of structures parking areas, walks, lighting, and appurtenant facilities shall be compatible with the surrounding land uses and any part of a development not used for structures, parking and loading areas, or access ways shall be landscaped or otherwise improved.
3. Signs shall be permitted in accordance with the primary district; however the Planning Commission and County Board may allow exceptions.
4. The entire tract or parcel of land in the HCO shall be held in single ownership or control, or if there are 2 or more owners, the application for such HCO shall be filed jointly by all owners.
5. If the development abuts or faces a residential, there shall be a buffer strip of at least 25 feet. The buffer strip shall be fenced or screened as agreed upon.
6. The state will control access to the major highway. If an overlay wishes to locate along the corridor and the state won't provide an exit or entrance, there will need to be a frontage road connecting from allowed connections to the major highway. If additional overlays come with growth, there shall be allowance for extension of frontage roads.
7. The developer shall submit plans for the developments sanitary septic system to the Zoning Office and to the Nebraska Department of Environmental Quality for review. The HCO shall not be approved until all criteria have been met for the, including approval and sign off of the sanitary septic system by the Nebraska Department of Environmental Quality. The developer shall be responsible for properly maintaining the system.
8. The applicant shall satisfy the Planning Commission that he has the ability to carry out the proposed plan and shall prepare and submit a schedule of construction. The proposed construction shall begin within a period of twelve months following approval of the final application by the County Board. A minimum of 50% of the total planned construction shown on the final plan shall be completed within a period of five years following such approval or the plan shall expire. The period of time established for the completion of the development may be modified from time to time by the County Board upon the showing of good cause by the developer.
9. The site shall be accessible from public roads that are adequate to carry the traffic that will be imposed upon them by the proposed development. The streets and driveways on the site of the proposed development shall be adequate to serve the intended users of the proposed development.
10. Sidewalks may be required.
11. A drainage study with the following items must be included:
a. A map showing the drainage area and resulting runoff from any land lying outside the limits of the HCO which discharges storm water runoff into or through the HCO
b. A map showing all internal drainage areas and resulting runoff
c. Proposals as to how the computed quantities of runoff will be handled
d. A copy of the drainage computations
a. A landscaped area of at least 15 feet in depth shall be provided adjacent to the front property line along a highway.
b. When abutting a residential use or, the yard between the use/ 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 boundary.
13. 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 road or highway.
14. Uses located in the CO shall have adequate potable water adequate and sewage disposal facilities.
15. Uses involving outdoor storage of vehicles, equipment or materials when permitted shall be screened from public right of way and all adjacent property.
16. Property located within the HCO 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.
Section 6. Pre-preliminary conference
1. Before preparing a preliminary plan map and preliminary plan program, the applicant of a proposed HCO shall meet with the Zoning Administrator and Highway Overlay Corridor review committee. The developer shall provide basic information, such as a schematic drawing, showing the general relationship contemplated among all public and private uses and existing physical features, and written statements regarding the source of water supply, method of sewage disposal, dwelling types, lot layout, public and private access, non-residential uses, and provisions for maintenance of landscaped areas, parks, and common open spaces. In return the committee shall provide the developer applicable standards and regulations.
a. The HCO review committee will consist of 3 Planning Commission members and two neighborhood representative (selected from landowners within 1000').
2. When 2/3 of the PLANNING COMMISSION representatives feel that the plan has progressed far enough, the applicant may proceed to preliminary approval.
3. The review committee may recommend waiver for any of the requirements needed in the Preliminary or Final Plan. These waivers must be approved by the Planning Commission and County Board.
Section 7. Preliminary Approval
The same requirements for notice, advertisement of public notice hearing, protests and adoption shall be required as zoning changes.
1. Cost for HCO: Preliminary Approval - $200.00; Final Approval - $100.00
2. Upon receiving the preliminary plan map and program, the Planning Commission shall hold a public hearing on the proposed HCO and make a recommendation of approval or denial of the HCO application to the County Board or return the HCO to the applicant for revision, along with specific evidence and facts showing that the proposal meets or does not meet the following conditions:
a. Is in general conformity with the provisions of the Stanton County Comprehensive Plan.
b. Time table for the completion of the HCO is within reason.
3. The applicant shall prepare and submit to the Planning Commission 5 copies of the preliminary plan map for the proposed HCO. The plan map, drawn at a scale of one inch equals one hundred feet, shall show the following information:
a. Title of the proposed HCO and the name of the developer and engineer, surveyor or land planner preparing the plat.
b. North point, scale and date.
c. Location of boundary lines in relation to section or quarter section lines, including a legal description of the property.
d. Existing buildings, watercourses, tree masses, sanitary and storm sewers, water mains, culverts and other existing underground facilities.
e. All streets adjoining subject property and the width of the existing right-of-way.
f. Location and size of the nearest water main and sewer outlet, if applicable.
g. Contours referred to an engineer’s bench mark with intervals sufficient to determine the character and topography of the land to be developed.
h. Location and size of all proposed streets, buildings, sanitary sewer or other sewage disposal facilities, water mains, storm water facilities, access drives, parking areas, sidewalks, parks, common open spaces and signs.
i. Location of required screening.
j. Location and direction of all water courses and areas subject to flooding.
k. Existing development on adjacent properties within 200 feet.
l. Existing right-of-ways and frontage road right-of-ways.
m. Certificates for the approval of the Planning Commission and County Board.
4. A preliminary plan program or outline of the following shall accompany the preliminary plan map:
a. Proposed ownership and maintenance of streets.
b. A list of the types of buildings proposed.
c. The amount of land area to be devoted to the various types of buildings.
d. The nature of all proposed signs.
e. All landscaping plans with some indications as to size and type of landscape plant materials.
f. Drainage plan.
g. Plans or written statements regarding grades of proposed streets, width, and type of pavement and any grading plans.
h. A stage development schedule setting forth a schedule thereof if the final development plan is to be developed in stages.
5. The Zoning Administrator shall transmit copies of the of the HCO to County Surveyor, School(s), Stanton County Health Department and each company or agency furnishing water, electric, telephone or gas service and such other official body or agency as may be directed by the County Board.
6. These plans and documents, the site development plans, drawings, calculations and other documents shall form the basis for issuance of a building permit in conformity therewith.
7. The County Board shall or shall not approve the preliminary development plan and authorize the submitting of the final plan.
8. If neither part nor the entire preliminary plan is submitted for final approval within one (1) year after preliminary plan approval, the preliminary plan shall be void unless an extension is granted by the County Board.
Section 8. Final approval
1. After approval of a preliminary plan and prior to the issuance of any building permit, the applicant shall submit an application for final approval. The application shall include 5 copies of such drawings, specifications, easements, conditions, and form of bond as set forth in the approval of the preliminary plan in accordance with the conditions established in this chapter for a HCO.
2. The final plan map and program shall include all information included in the preliminary map and program except the following shall also be provided:
a. Certificate signed by a registered land surveyor, which contains the legal description of the land included in the HCO and all necessary explanations of dimensions and references to monuments to supplement the figures on the plan itself. Said certificates shall state that a ground survey has been made and that the monuments have been placed as shown on the plan.
b. Location, names, tangent lengths, centerline radius of each curve and its interior width and angle of all proposed public right-of-way and with all other information necessary to reproduce the plat on the ground, together with the names of the streets.
c. All easements and appropriate building setback lines.
d. All lot lines and lot dimensions including chord distances for curvilinear lot lines.
e. Lot and/or parcel numbers.
f. Location, size, height and use of all proposed or present buildings.
g. Dedication of all streets, public highways or other land intended for public use, signed by the owner and by all other parties who have a mortgage or lien interest in the property, together with any restrictions or covenants which apply to the property.
h. A waiver of claim by the applicant for damages occasioned by the establishment of grades or the alteration of the surface of any portion of streets and alleys to conform to grades established.
i. Certificate signed by a registered engineer that they have prepared the HCO and had designed the improvements to be made in accordance with the regulations. The review committee will determine if an engineer's certificate is required depending on site conditions.
j. Notarized Certificate signed and acknowledged by all parties having any titled interest in or lien upon the land platted, consenting to the plan including dedication to the public for public use of all streets, alleys and public ways or other public grounds and granting easements.
k. Certificate to be signed by the County Treasurer stating there are not regular or special taxes due or delinquent against the property described in the plan on the date which the plan is recorded by the register of deeds.
l. Certificate signed by the County Surveyor and County Highway Superintendent approving the plan.
m. A certificate for the approval of the Planning Commission signed by the Chairman.
n. Certificate for the approval of the County Board to be signed by the Chairman and attested by the County Clerk.
3. The Planning Commission shall review the final plan map and program at a public hearing and shall determine whether they conform to all applicable criteria with the approved preliminary plan map and program.
4. The Planning Commission may recommend approval or return the application for the HCO to the applicant for revision. The applicant shall resubmit the revised plan within 30 days for the Planning Commission final recommendation.
5. After a finding of the Planning Commission that the mode of conduct and location will not hinder the enjoyment and use of nearby properties and will not discount the appropriate use of land and resources of the county, the final plan shall be presented to the County Board for final approval.
Section 9. Enforcement & Modification of Plan & Amendments
1. Application for amendment must be made by the owner or owners of the property within each HCO.
2. Major changes in the final plan map and final plan program shall be considered the same as a new application and shall follow the procedures specified in Section Seven.
3. Minor changes in the final plan map and final plan program may be recommended by the Zoning Administrator.
a. Minor changes may include minor shifting of the location of proposed streets, public or private ways, utility easements, parks or other common open spaces. Such minor changes shall not increase the density, boundary lines, use, location or amount of land devoted to specific land uses.
4. The changes or reductions are granted by the County Commissioners after receiving the recommendations of the Planning Commission or Zoning Administrator.
Section 10. Modification & Adherence to the Approved Highway Corridor Overlay
1. All building permits in a HCO shall be issued only on the basis of the approved final plan map and program.
2. No building permit shall be issued for any construction or use of a development which does not conform to the approved plans, terms and conditions of the HCO.
3. All public site dedications for the entire site, if proposed, shall be properly recorded prior to the issuance of building permit.
Section 11. Revocation
1. In the event of a failure to comply with the approved final plan map and program, the County Board may, after notice and hearing, revoke a HCO application and the holder required to forfeit the bond, escrow bonds or other financial guarantee.
Stanton County Zoning Regulations