ARTICLE 19:  SUPPLEMENTARY DISTRICT REGULATIONS

 

 

The district regulations hereinafter set forth in this section qualify or supplement, as the case may be, the district regulations appearing elsewhere in these Regulations.

 

Section 1.        Height Limitations

 

Chimney, cooling towers, elevator headhouses, fire towers, grain elevators, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, church steeples, radio and television towers or necessary mechanical appurtenances, usually required to be placed above the roof level and not intended for human occupancy, except where specifically required, are not subject to the height limitations contained in the District Regulations.

 

Section 2.        Amenities, Fire

 

Open or lattice-enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into the rear yard, may be permitted by the Zoning Administrator for a distance of not more than three and one-half (32) feet and where the same are so placed as not to obstruct lights and ventilation.

 

Section 3.        Side Yards

 

No side yards are required where dwelling units are erected above commercial and industrial structures.

 

Section 4.        Radio and Television Towers

 

Radio and television towers shall be permitted in any district with a Special Use Permit provided the height of the radio or television tower does not conflict with any airport approach or landing zone or with any other regulations.

 

Section 5.        Corner Lots

 

On a corner lot in any district, nothing shall be erected, planted or allowed to grow in such a manner as to materially impede vision between a height of two and one-half (22) and eight (8) feet above the grades of the centerline of the intersecting street or road, from the point of intersection one hundred twenty (120) feet in each direction measured along the centerline of the streets or roads.

 

On a corner lot in any district, nothing shall be erected, planted or allowed to grow in such a manner as to materially impede vision between a height of two and one-half (2 1/2) and eight (8) feet above the grades of the centerline of the intersecting street or road, from the point of intersection two hundred feet in each direction measured along the centerline of the streets or roads, excluding row crops which need to be planted behind County right-of-way.   Amended April 16, 2001

 

Section 6.        Recreation Equipment, Storage

 

Major recreational equipment such as boats, boat trailers, travel trailers, pick-up campers or coaches, camping busses or converted trucks, and tent trailers shall not be stored or parked within the required front yard of a residential district and no such recreational equipment shall be utilized for living, sleeping or housekeeping purposes when parked on a residential lot or in any location not approved for such use.

 

 

Section 7.        Building Setback

 

7.1             The building setback lines shall be determined by measuring the horizontal distance from the property line to the furthest architectural projection of the existing or proposed structure.  No permitted structure shall be less than one hundred (100) feet from the centerline of a county road or state highway.

 

7.2             All new non-farm residences, except those in the A-1 District, shall locate no less than at the corresponding distance given in Table 3, New Non-Farm Residence Spacing and Distance, from an Existing Livestock Feeding Operation located in any affected Zoning District:

 

TABLE 3

NEW NON-FARM RESIDENCE SPACING AND DISTANCE

(Distances given in miles)

 

 

 

 

SIZE OF EXISTING LFO IN A.U.

 

 

 

750

 

751-2000

 

2001-3500

 

3501-5000

 

5001-8000

 

8000+

 

 

 

ECH

 

OPEN

 

ECH

 

OPEN

 

ECH

 

OPEN

 

ECH

 

OPEN

 

ECH

 

OPEN

 

ECH

 

OPEN

New Non-farm

Residence

¼

¼

¼

¼

¼

½

¼

¾

½

1

1

 

ECH = Environmentally Controlled Housing Operations

OPEN = Open Lot Operations

 

 

Section 8.        Temporary Structures

 

Temporary structures incidental to construction work, but only for the period of such work, are permitted in all districts; however, basements and cellars shall not be occupied for residential purposes until the entire building is completed.

 

Section 9.        Caretaker's Quarters

 

Caretaker's quarters are permitted in all districts, providing the use is incidental to the principal use.

 

Section 10.      Rental Units

 

In all districts permitting dwellings, the renting of not to exceed two sleeping rooms with total occupancy of not to exceed three persons for whom may be furnished, but with the prohibiting of separate culinary accommodations for such tenants shall be permitted for each dwelling unit except that the floor area of the rented space shall not exceed twenty-five percent (25%) of the total area of the dwelling.

 

Section 11.      Front yards. 

 

The front yards heretofore established shall be adjusted in the following cases:

 

11.1          Where forty percent (40%) or more of the frontage on one side of a street between two intersecting streets is developed with buildings that have observed (with a variation of five (5) feet or less) a front yard greater in depth than herein required, new buildings shall not be erected closer to the street than the front yard so established by the existing buildings.

 

11.2          Where forty percent (40%) or more of the frontage on one side of the street between two intersecting streets is developed with buildings that have not observed a front yard as described above, then:

 

A.    Where a building is to be erected on a parcel of land that is within one hundred (100) feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two closest front corners or the adjacent buildings on the two (2) sides, or

 

B.     Where a building is to be erected on a parcel of land that is within one hundred (100) feet of an existing building on one side only, such building may be erected as close to the street as the existing adjacent building.

 

Section 12.      Accessory Uses

 

12.1          Accessory buildings shall not be used for dwelling purposes.

 

12.2          Yard requirements for accessory buildings are as follows:

 

A.    Front Yard:  No accessory building shall be located between the front property line and the front building line of the principle building.

 

B.     Side Yard:  Same as the principle building in which the accessory use is located.

 

C.     Rear Yard:  No accessory building shall be located closer than three (3) feet from the property line or within ten (10) feet of any other building on adjacent properties, and no accessory building shall be located within any easement or right-of-way.

 

An accessory building requiring direct vehicle access from an alley shall have a minimum setback of twenty (20) feet for parking unless the side of the building providing no access is parallel with the alley.

 

12.3          Attached Accessory Use:  Any accessory structure attached to the principle building shall be considered as part of the principle building and shall meet the same requirements as specified for the principle building.

 

12.4          Fire Hazardous Accessory Uses: No accessory use shall be located within ten (10) feet of a residential swelling that creates a fire hazard or would subject the residential structure to fire, such as a fireplace, barbecue oven, or flammable liquid storage.

 

12.5          Swimming Pools: All “above” or “in” ground swimming pools of a permanent nature constructed within the zoning jurisdiction, the area encompassed by the swimming pool shall be fenced with a four foot fence with self closing child proof locked gate. Swimming pools shall be subject to the same location and setback requirements as accessory buildings.  Amended April 16, 2001

 

12.6          Hot Tubs, Spas: All “above” or “in” ground hot tubs and spas of a permanent nature constructed within the zoning jurisdiction shall be subject to the same location and setback requirements as accessory buildings.  Amended April 16, 2001

 

Section 13.      Inoperable or Unlicensed Motor Vehicle Storage

 

13.1          It is the intent of these regulations to prevent the repair, remodel, assembly, disassembly or storage or standing of any inoperable vehicle other than in an enclosed garage other than in a district permitting and regulating such occurrence.

 

13.2          A motor vehicle shall be determined as inoperable when it does not have a current state license plate or when it has a current state license plate but is disassembled or wrecked in a part or whole and is unable to move under its own power.

 

13.3          Inoperable vehicles may be stored or may stand only in a legally conforming auto wrecking yard or in a fully enclosed storage structure in any District of these regulations where inside storage is permitted.

 

Section 14.      Sanitary Requirements

 

14.1          It shall be unlawful to occupy a residential structure or any building for living purposes that does not have an approved waste system.  For purposes of this Article, an approved system shall meet or be equivalent to criteria as defined by "Rules and Regulations for the Design, Operation and Maintenance of Septic Tank System in Nebraska", as published by the Nebraska State Department of Environmental Quality.

 

14.2          No waste absorption field (septic tank, cesspools, etc.) shall be constructed any closer than twenty-five (25) feet from any adjacent property line.

 

14.3          There shall be no waste absorption field located closer than fifty (50) feet from any other residential structure.

 

14.4          There shall be no waste absorption field located closer than one hundred (100) feet from a water well provided, however, where geology and subsurface conditions and topography would indicate that seepage could reach the well supply, a greater distance would be required.

 

14.5          A private sewage lagoon shall be located no closer than two hundred (200) feet of the house it serves and not less than five hundred (500) feet from any other house or residential boundary.

 

14.6          The following minimum lot area are required in all districts:  Amended January 2002

 

A.    With public water and public sewer:   6,000 square feet.

B.     With private water and public sewer:           One-half (2) acre.

C.     With public water and private sewer:           Two (2) Acres

D.    With private water and private sewer: Two and one half (22) Three (3) Acres.

 

14.7          Soil percolation tests shall be conducted in the area where the system will be located for those soils having severe limitations for such systems as identified by the Stanton County Soil Survey.

 

14.8          A waste disposal system evaluation shall be required for septic systems serving all new residences.  Evaluations shall be on forms furnished by the office of the Zoning Administrator.

 

Section 15.      Lot Splits or Subdivision of Land.

 

No lot, lots, tracts, or parcels of land shall be split nor subdivided which would create a nonconforming lot or tract in the district in which it is located.

 

Section 16.      Existing Lots or Lots-of-Record.

 

In any district in which single-family dwellings are permitted, a single-family dwelling may be erected on any lot-of-record even though such lot fails to meet the area requirements.  However, in no instance shall a dwelling be constructed upon a lot that has less than five (5) foot side yards nor less than a twenty (20) foot front yard or a lot that is less than thirty (30) feet wide or on a lot with soil conditions which do not permit the use of a septic tank and lateral fields and private water supplies as required within these Regulations.

 

Section 17.      Extraction of Raw Materials.

 

It shall be unlawful for any owner or owners of property to extract, mine, quarry or remove soil for commercial purposes without a Special Use Permit except soil being sold for use by a municipality, county or state for public roadway purposes.

 

When soil is sold, removed, and is transported over Stanton County Roads, to be used for public roadway purposes, it shall be the responsibility of the owner of the land from which the soil is being removed to meet the following conditions:

 

17.1          A Soil Extract Permit shall be obtained from the zoning Administrator.

 

17.2          The character of runoff from and onto adjacent land shall not be changed.

 

17.3          There shall be no excavation closer than one hundred (100) feet of any abutting property not involved in the operation.  All cuts shall be no less than four to one (4 to 1).

 

17.4          The topsoil shall be collected, stockpiled and redistributed over the exposed soil area of the operation.  The soils in the excavation area shall then be stabilized, the land graded, seeded or sodded to prevent erosion and siltation.  This requirement may be waived by the Zoning Administrator for that portion covered by an approved water impoundment.

 

17.5          The owner of the property from which the soil is being removed may be responsible for costs for any damage to county roads or bridges used for access to the site which requires additional maintenance or repair from normal county maintenance or repair as a result of additional traffic generated.

 

17.7          The protection of the public health and safety shall be the responsibility of the owner of the property from which the soil is being removed.  Public health and safety methods shall be as directed by the Zoning Administrator who, upon observing a problem or verifying a complaint, may order the operation to cease until the problem is resolved.  The decisions of the Zoning Administrator may be appealed to the Stanton County Board of Commissioners.

 

17.8          All extraction's of soils within a designed floodway shall conform to the Floodplain Regulations.

 

Section 18.      Windbread/Shelterbelt.  Added April 16, 2001

 

18.1          To avoid creating blind corners at intersections, trees or shrubs shall not be permitted within 200 feet of the center of an intersection of any public street, road or highway.

 

18.2          When plantings are made, tree or shrub rows should be at least 100 feet from the centerline of the road.

 

18.3          Locate living snow fences for roads and highways so that they intercept blowing snow. Normally, they should be located north of east-west roads and west of north-south roads. Living snow fences should, where possible, extend at least 50 feet beyond the snow drift problem. The windward row shall be a minimum of 150 feet or a maximum of 250 feet from the centerline of the road.

 

18.4          A waiver may be issued upon written approval from the County Board if sufficient plans are received.

 

 

Stanton County Zoning Regulations