ARTICLE 26: RULES AND DEFINITIONS
Section 1. Rules.
For the purpose of these Zoning Regulations, the following rules shall apply:
1.1 Words and numbers used singularly shall include the plural and the plural shall include the singular. Words used in the present tense shall also include the future tense.
1.2 The word "person" or "persons" includes a corporation, members of a partnership, limited liability company, or other business organization, a committee, board, trustee, agent, or other representative.
1.3 The word "shall" is mandatory.
1.4 The word "use", "used", "occupy", or "occupied" as applied to any land or building shall be construed to include the words "intended", "arranged", or "designed" to be used or occupied.
1.5 The word "structure" shall include the word "building" and "sign".
Section 2. Definitions.
For the purpose of these Zoning Regulations, the following words and terms as used herein are defined as follows, unless the context clearly indicates otherwise. Certain articles or divisions hereof contain definitions which are additional to those listed herein.
Abandonment shall mean to cease or discontinue a use or activity without intent to resume as distinguished from short term interruptions such as during periods of remodeling, maintenance or normal periods of vacation or seasonal closure.
Abutting shall mean to border on, being contiguous with or have property or district lines in common, including property separated by an alley.
Access shall mean a way or means of approach or entrance, a means of ingress or egress.
Accessory building (see Building, accessory)
Accessory structure shall mean a detached subordinate structure located on the same lot with the principal structure, the use of which is incidental and accessory to that of the principal structure.
Accessory use shall mean a subordinate use which serves an incidental function to that of the main use of the premises.
Active recreation shall mean a recreational activity requiring physical exertion such as swimming, tennis, soccer, baseball, softball, running and playgrounds.
Addition shall mean any construction which increases the size of a building or structure.
Adjacent shall mean near to or in the vicinity without touching or bordering upon.
Agricultural and farm buildings and structures shall mean any building or structure which is necessary or incidental to the normal conduct of a farm including but not limited to residence of the operator, residence of hired men, barns, buildings and sheds for housing livestock, poultry and farm machinery, buildings for the storage or shelter of grain, hay and other crops, silos, windmills and water storage tanks.
Agriculture shall mean the use of a tract of land for the growing of crops, pasturage, nursery, or the raising of poultry, including the structures necessary for carrying out farming operations, the residence or residences of those owning or operating the premises, a member of the family thereof, or persons employed thereon, and the family thereof, but such use shall not include feedlots. The raising and feeding of livestock and poultry shall be an agricultural or farming venture if the area in which the livestock or poultry is kept is twenty (20) acres or more in area and if such raising of livestock and poultry is incidental or supplemental to the raising of crops and not a Afeedlot@ as defined herein. (Also see Farm)
Agricultural operations shall mean a farmstead of forty (40) acres or more which produce one thousand dollars ($1,000) or more of farm products each year. (also see Farm)
Airport shall mean an area designed and set aside for the landing and takeoff of aircraft, including all necessary facilities for housing and maintenance of aircraft. (also see Heliport)
Alley shall mean a dedicated public right-of-way, the right-of-way of which is twenty (20) feet or less in width, other than street, which provides only a secondary means of access from the abutting property, to the street.
Alteration shall mean any change, addition or modification in construction or occupancy of an existing structure.
Alteration, structural (see Structural alteration)
Amusement arcade shall mean a building or a part of a building where five or more pinball machines, video games, or other similar player-orientated amusement devices are available and are maintained for use.
Animal hospital (see Hospital, animal)
Animal Unit (see Livestock Feeding Operation)
Animals, domestic (see Household pet)
Animals, farm shall mean livestock associated with agricultural operation, commonly kept or raised as a part of a agricultural operation including but not limited to horses, cattle, sheep, swine, goats, chickens and turkeys.
Antenna shall mean any attached or external system of wires, poles, rods, reflecting disks or similar devices used for the transmission or reception of electromagnetic waves. (also see Satellite dish antenna and Tower)
Apartment shall mean a room or a suite of rooms within an apartment house or multiple family dwelling arranged, intended or designed for a place of residence of a single family or group of individuals living together as a single housekeeping unit. (also see Dwelling unit)
Apartment hotel shall mean a multiple family dwelling under resident supervision which maintains an inner lobby through which all tenants must pass to gain access to the apartments and which may furnish services ordinarily furnished by hotels, such as drug store, barber shop, beauty parlor, shoeshine shop, cosmetologists shop, cigar stand or newsstand, when such uses are located entirely within the building with no entrance from the street nor visible from any public sidewalk, and having no sign or display visible from the outside of the building indicating the existence of such use.
Apartment house (see Dwelling, multiple family)
Approved lot (see Lot, approved)
Aquifer shall mean a geological unit in which porous and permeable conditions exist and thus are capable of bearing and producing usable amounts of water.
Aquifer recharge area shall mean an area that has soils and geological features that are conducive to allowing significant amounts of surface water to percolate into groundwater.
Architectural canopy sign (see Sign, architectural canopy)
Arterial street (see Street, arterial)
Attached permanently shall mean attached to real estate in such a way as to require dismantling, cutting away, unbolting from permanent foundation or structural change in such structure in order to relocate it to another site.
Automobile service station (see Service station)
Automobile wrecking yard shall mean the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale, or dumping of dismantled or wrecked vehicles or their parts. The presence on any lot or parcel of land of two or more vehicles, which, for a period exceeding 30 days, have not been capable of operating under their own power and from which parts have been or are to be removed for reuse or sale, shall constitute prima facie evidence of an automobile wrecking yard. (also see Junkyard)
Bar shall mean any establishment whose principal business is serving alcoholic beverages at retail for consumption on the premises. (also see Nightclub)
Basement shall mean that portion of a building which is partly or completely below grade.
Bed and breakfast inn shall mean a house, or portion thereof, where short-term lodging rooms and meals are provided. The operator of the inn shall live on the premises.
Bedroom shall mean a room within a dwelling unit planned and intended for sleeping, separable from other rooms by a door.
Best interests of community shall mean interests of the community at large and not interest of the immediate neighborhood.
Best possible management practices shall mean livestock management techniques and practices as set forth by various agencies, including the Nebraska Department of Environmental Quality, that encourage and protect the environment and public.
Billboard (see Sign, billboard)
Block shall mean a tract of land within a subdivision bounded by streets, streams, railroads, the exterior boundaries of the subdivision, or any combination thereof.
Block frontage shall mean that section of a block fronting on a street between two intersecting streets or other block boundary.
Board of adjustment shall mean that board which has been created by the county and which has the statutory authority to hear and determine appeals, interpretations of and variances to the zoning regulations.
Boarding house shall mean a building in which separate sleeping rooms are provided for (a total of 16 or fewer) persons not related by blood, marriage or adoption to the owner, on either a permanent or transient basis, with or without meals, but without separate cooking facilities for individual occupants.
Borrow pit shall mean any place or premises where dirt, soil, sand, gravel or other material is removed below the grade of surrounding land for any purpose other than that necessary and incidental co site grading or building construction.
Broadcasting tower shall mean a structure for the transmission or broadcast of radio, television, radar, or microwaves which exceeds the maximum height permitted in the district in which it is located; provided, however, that noncommercial radio towers not exceeding fifty (50) feet in height shall not be considered broadcast towers.
Buffer shall mean a strip of land established to protect one type of land use from another incompatible land use or between a land use and a private or public road. (also see Screening)
Building shall mean any structure having a roof and. walls, and used, or intended for the enclosure, shelter, or protection of persons, animals, chattels, or property. (also see Structure)
Building, accessory shall mean any detached subordinate building which serves a function customarily incidental to that of the main building or main use of the premises. Customary accessory building includes farm buildings, garages, carports, and small storage sheds.
Building coverage (see Lot coverage)
Building, height shall mean the vertical distance above grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the average height of the highest gable of a pitched, hipped, or shed roof, measured from the highest adjoining sidewalk or ground surface within a five (5) foot horizontal distance at the exterior wall of the building. (also see Height)
Building line shall mean a line parallel to the lot line, beyond which a building or land use cannot extend according to the terms of the applicable district regulations. (also see Setback and Yard)
Building moratorium shall mean a period of time established by the County Board when no construction, additions, improvements or subdivision shall occur within a given area.
Building, principal shall mean a building within which the main or primary use of the lot or premises is located. (also see Principal use)
Building sign (see Sign, building)
Business use shall mean all uses of land, buildings or structures other than agricultural, residential, public, semi-public or industrial uses.
Camper, (see Recreational vehicle)
Campground shall mean a parcel of land intended for the temporary occupancy of tents, campers and major recreational vehicles and which primary purpose is recreational, having open areas that are natural in character.
Car wash shall mean a building or structure or an area of land with machine or hand operated facilities for the cleaning, washing, polishing, or waxing of motor vehicles.
Carry out restaurant (see Restaurant, fast food and Restaurant, drive-in)
Cemetery shall mean a tract of land used or intended to be used for the burial of the dead, including columbariums, and mausoleums when in conjunction with and located within the boundaries of the cemetery.
Charitable shall mean a public or semi-public institutional use of a philanthropic, charitable, benevolent, religious or eleemosynary character, but not including sheltering or caring of animals.
Church shall mean a place where religious worship is conducted including accessory uses as schools, day care centers, bingo parlors and halls.
Clear view zone shall mean the area of a corner lot closest to the intersection which is kept free of visual impairment to allow full view of both pedestrian and vehicular traffic. (also see Sight triangle)
Clinic shall mean a building designed and used for the examination, diagnosis and treatment of human patients and not including overnight care facilities.
Closed sign (see Sign, closed)
Club shall mean a nonprofit organization with limited membership which is controlled by the membership into which admission can only be obtained by invitation, and in which the property is owned in common or held for the benefit of the members.
Cluster development shall mean a development designed to concentrate buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space, and the preservation of environmentally sensitive areas.
Cocktail lounge (see Bar)
Collector street (see Street, collector)
Commercial feeding operation (see Livestock Feeding Operation)
Commercial use shall mean an occupation, employment, or enterprise that is carried on for profit by the owner, owners, lessee or licensee.
Commission shall mean the Stanton County Planning Commission.
Common area shall mean that area within a development not occupied by buildings, owned in common by property owners within the development, designed and intended to provide access, parking, required yards, walkways, and services to the residents of the development. Common area does not apply as open space nor common open space. (also see Open space, common)
Common open space (see Open space, common)
Community center shall mean a place, structure or other facility used for and providing either religious, fraternal, social, and/or recreational programs generally open to the public and designed to accommodate and serve various segments of the community.
Community sanitary sewer system shall mean an approved central sewer collecting system, meeting state and county requirements, available to each platted lot and discharging into a treatment facility. This does not include individual septic systems.
Community water supply system shall mean a public water supply system which serves at least fifteen service connections used by year round residents or uses, or regularly serves 25 or more year round residents or uses.
Compatible uses shall mean a land use which is congruous with, tolerant of, and has no adverse effects on existing neighboring uses. Incompatibility may be affected by pedestrian or vehicular traffic generation, volume of goods handled and environmental elements such as noise, dust, odor, air pollution, glare, lighting, debris generated, contamination of surface or ground water, aesthetics, vibration, electrical interference and radiation.
Comprehensive plan shall mean the Comprehensive Plan of Stanton County, Nebraska as adopted by the County Board of Commissioners, setting forth policies for the present and foreseeable future community welfare as a whole and meeting the purposes and requirements set forth in Section 23-174.05, R.R.S. 1943, as the same may, from time to time, be amended.
Concept plan (see Site plan)
Conditional use shall mean a use where allowed by the district regulations, that would not be appropriate generally throughout the zoning district without restrictions, but which, if controlled as to number, size, area, location, relation to the neighborhood or other minimal protective characteristics would not be detrimental to the public health, safety and general welfare.
Conditional use permit shall mean a permit issued by the planning commission that authorizes the recipient to make conditional use of property in accordance with the requirements of these Regulations as well as additional requirements imposed by the commission.
Condominium shall mean an estate in real property consisting of an undivided interest in common with other purchasers in a portion of a parcel of real property, together with a separate interest in space in a residential building, such as an apartment. A condominium may include, in addition, a separate interest in other portions of such real property.
Confinement shall mean totally roofed buildings, which may be open-sided (for ventilation purposes only) or completely enclosed on the sides, wherein animals or poultry are housed over solid concrete or dirt floors, or slatted (partially open) floors over pits or manure collection areas in pens, stalls, cages or alleys, with or without bedding materials and mechanical ventilation. The word confinement shall not mean the temporary confined feeding of livestock during seasonal adverse weather.
Conflicting land use shall mean the use of property which transfers over neighboring property lines negative economic, or environmental effects, including, but not limited to traffic, noise, vibration, odor, dust, glare, smoke, pollution, water vapor, mismatched land uses and/or density, height, mass, mismatched layout of adjacent uses, loss of privacy, and unsightly views.
Congregate housing shall mean a residential facility for four or more persons fifty-five (55) years or over, their spouses, or surviving spouses, providing living and sleeping facilities including meal preparation, dining areas, laundry services, room cleaning and common recreational, social, and service facilities for the exclusive use of all residents including resident staff personnel who occupy a room or unit in the residential facility. (also see Housing for the elderly)
Conservation areas shall mean environmentally sensitive and valuable lands protected from any activity that would significantly alter their ecological integrity, balance or character, except in overriding public interest, including but: not limited to wetlands, floodways, flood plains, drainage ways, river or stream banks and areas of significant biological productivity or uniqueness.
Conservation easement shall mean an easement granting a right or interest in real property that is appropriate to retaining land or water areas predominantly in their natural, scenic, open, or wooded condition and retaining such areas as suitable habitat for fish, plants or wildlife or maintaining existing land uses.
Convenience store shall mean a one-story, retail store containing less than 2,000 square feet of gross floor area that is designed and stocked to sell primarily food, beverages, and other household supplies to customers who purchase only a relatively few items (in contrast to a "supermarket"). It is dependent on, and is designed to attract and accommodate large volumes of stop-and-go traffic. (also see Self-service station)
Copy areas (see Sign, copy area)
Corner lot (see Lot, corner)
Country club shall mean buildings and facilities owned and operated by a corporation or association of persons for social and recreational purposes, but not operated for a profit. The affairs and management of such club are conducted by a board of directors, executive committee, or similar body chosen by the members. It is designed to serve food and alcoholic beverages on such premises to members and their guests, provided that the serving of food and alcoholic beverages is secondary to some other principal purpose of the association or corporation. Customary country clubs include, but are not limited to swimming, tennis and golf course country clubs.
County shall mean Stanton County, Nebraska.
County Board shall mean the County Board of Commissioners of Stanton County, Nebraska.
Court shall mean an open, unoccupied space, other than a yard, bounded on three (3) or more sides by exterior walls of a building, or by exterior walls of a building and lot lines on which walls are allowable.
Cul-de-sac shall mean a local street which is a single continuous stretch of road one end of which is closed and terminated by a circular turn around.
Curb level shall mean the mean level of the curb in front of the lot, or in case of a corner lot, along that abutting street where the mean curb level is the highest.
Curvilinear street (see Street, curvilinear)
Dead end street (see Cul-de-sac)
Density shall mean the number of dwelling units per gross acre of land.
Destination sign (see Sign, destination)
Developer shall mean any person, corporation, partnership or entity that is responsible for any undertaking that requires a building or zoning permit, conditional use permit or sign permit.
Development shall mean any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations for which necessary permits may be required.
Development area shall mean an area of land which may or may not have been subdivided that contains three or more homes per nine (9) acres.
Development concept: plan (see Site plan)
Development impact fee shall mean a fee imposed on developers to pay for the costs to the county of providing services to a new development based on the impact of the new development.
Development review shall mean the review, by the county of subdivision plats, site plans, rezoning requests or permit review.
District (see Zoning district)
Dog kennel (see Kennel, commercial and Kennel, private)
Domestic animals (see Household pet)
Dormitory shall mean a building used as group living quarters for a student body, religious order, or other group as accessory use to a college, university, boarding school, orphanage, convent, monastery, farm labor camp, or other similar use where group kitchen facilities may be provided to serve all residents.
Double frontage lot (see Lot, double frontage)
Downzoning shall mean a change in zoning classification of land to a less intensive or more restrictive district such as from commercial district to residential district or from a multiple family residential district to single family residential district.
Drive-in facility shall mean an establishment where customers can be served without leaving the confinement of their vehicle.
Drive-in restaurant (see Restaurant, drive-in and Restaurant, fast food)
Dwelling shall mean a building or a portion thereof that provides living facilities for one or more families, but not including hotels, motels, boarding or lodging houses and shall include manufactured dwellings.
Dwelling, condominium (see Condominium)
Dwelling, manufactured (see Manufactured home and Mobile home)
Dwelling, modular shall mean any dwelling whose construction consists entirely of, or the major portions of its construction consist of, a unit or units not fabricated on the final site for the dwelling unit, which units are movable or portable until placed on a permanent foundation and connected to utilities. Modular dwellings display a seal issued by the Nebraska Department of Health which is displayed for view from the exterior of the unit.
Dwelling, multiple family shall mean a detached residential building containing three or more dwelling units.
Dwelling, seasonal shall mean a dwelling designed and used as a temporary residence and occupied less than six months in each year.
Dwelling, single family shall mean a building containing one dwelling unit to be occupied by one family, excluding mobile homes, but including manufactured homes which meet all of the standards set forth in '23-114 R.R.S. 1943, as the same may be amended from time to time.
Dwelling, single family, attached shall mean a permanent residential structure containing one dwelling unit which is attached by a common vertical wall to one other single family dwelling on an abutting lot.
Dwelling, single family, detached shall mean a permanent residential structure containing one dwelling unit which is located on one lot with no physical or structural connection to any other dwelling unit.
Dwelling, two family shall mean a building containing two dwelling units on the same lot.
Dwelling unit shall mean a single unit consisting of one or a group of rooms providing complete, independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking and sanitation.
Dwelling unit:, efficiency shall mean a dwelling unit consisting of one principal room with no separate sleeping room.
Easement shall mean the right of a person, government agency, or public utility company to use public or private land owned by another for a specific purpose.
Educational institution shall mean a public or nonprofit institution or facility which conducts regular academic instruction at preschool, kindergarten, elementary, secondary and collegiate levels, including graduate schools, universities, junior colleges, trade schools, nonprofit research institutions and religious institutions. Such institutions must either (1) offer general academic instruction equivalent to the standards established by the State Board of Education, or (2) confer degrees as a college or university of undergraduate or graduate standing, or (3) conduct research, or (4) give religious instruction. Private schools, academies or institutes, incorporated or otherwise, which operate for a profit, commercial or private trade schools are not included in this definition.
Effective date shall mean the date that this resolution shall have been adopted, amended or the date land areas became subject to the regulations contained in this resolution as a result of such adoption or amendment.
Elderly housing (see Housing for the elderly)
Eleemosynary institution shall mean an institution supported by charity and designed to assist persons such as those recovering from mental or emotional illness.
Emergency shelter mission shall mean a facility which provides temporary housing for one or more individuals who are indigent, needy, homeless or transient.
Encroachment shall mean an intrusion or infringement beyond the lines or limits established by the applicable district regulations, and/or to infringe or trespass into or upon the possession or rights of others without permission.
Enlargement shall mean the expansion of a building, structure or use in volume, size, area, height, length, width, depth, capacity, ground coverage, or in number.
Environmentally controlled housing (see confinement)
Erected shall mean constructed upon or moved onto a site.
Expressway shall mean a street or road which provides fast and efficient movement of large volumes of vehicular traffic between areas and does not provide direct access to property.
Extraterritorial jurisdiction shall mean the area beyond the corporate limits, in which a city or village has been granted the powers by the state to exercise zoning and building regulations and is exercising such powers.
Facade shall mean the exterior wall of a building exposed to public view from the building's exterior.
Factory shall mean a structure or plant within which something is made or manufactured from raw or partly wrought materials into forms suitable for use.
Family shall mean an individual or married couple and the children thereof with not more than two other persons related directly to the individual or married couple by blood or marriage; or a group of not more than five unrelated persons, living together as a single housekeeping unit in a dwelling unit. A family shall under no circumstances be construed as the occupants of a boarding or rooming house, fraternity or sorority house, club, lodging house, hotel, motel, or commune.
Family day care shall mean the provision of services in lieu of parental supervision for children under thirteen (13) years of age for compensation, either directly or indirectly, on the average of less than twelve (12) hours per day, but more than two (2) hours per week, and shall include any employer-sponsored day care, family day care homes, day care centers, before-and-after-school day care programs, before-and-after-school services pursuant to Section 79-444, R.R.S. 1943, as the same may, from time to time, be amended, or preschools or nursery schools; but shall not include casual care at irregular intervals, a recreation camp, classes or services provided by a religious organization other than day care or preschool or nursery schools, a preschool program conducted in a school approved pursuant to Section 79-328, R.R.S. 1943, as the same may, from time to time, be amended, or child care as defined in Section 79-1901, R.R.S. 1943, as the same may, from time to time, be amended.
Farm shall mean an area containing at least twenty (20) acres or more which is used for growing of the usual farm products such as vegetable, fruit, and grain, and the storage on the area, as well as for the raising thereon of the usual farm poultry and farm animals up to 750 animal units as defined in these regulations.
Farming shall mean the planting, cultivating, harvesting and storage of grains, hay or plants commonly grown in Nebraska with the necessary accessory uses for treating or storing the produce and the feeding of livestock as prescribed hereunder, provided such accessory uses do not include the feeding of garbage or offal to swine or other animals. In contrast to a Livestock Feeding Operation (LFO), as hereinafter defined, any person or entity operating within the following categories shall be considered to be a farming operation and shall not be considered as operating a LFO unless the operation exceeds the following:
(1) One (1) Animal Unit (A.U.), as defined in the definition for Livestock Feeding Operation herein, per acre for a parcel less than forty (40) acres in size;
(2) One and one-half (12) A.U. per acre for a parcel of land greater than forty (40) acres, but less than eighty (80) acres; or
(3) Two (2) A.U. per acre for parcels over eighty (80) acres.
Notwithstanding the provisions of 1-3 above, anytime the number or combination of Animal Units (A.U.) exceeds seven hundred fifty (750), regardless of the size of the parcel of land, the operation shall be considered a LFO and the owner/operator shall be required to obtain a Conditional Use Permit, as provided in Article 12, Section 2.19 of these Regulations.
Farmstead shall mean, in contrast to a farmstead dwelling, a tract of not less than two and one half (2 1/2) acres and not more than twenty (20) acres, upon which a farm dwelling was lawfully occupied within the last twelve (12) month period as a single-family residence.
Flea market shall mean a building or open area in which stalls or sale areas are set aside, and rented or otherwise provided, and which are intended for use by various unrelated individuals to sell articles that are either new, old, homemade, homegrown, handcrafted, obsolete, or antique and may include the selling of goods at retail by businesses or individuals who are generally engaged in retail trade. This definition does not include informal or private garage or yard sales.
Flood plain (see the Flood Plain Regulations within these regulations for all definitions relating to flood plain regulations and management)
Floor area ratio shall mean the maximum percentage of allowable floor area of a building or a group of buildings on the same lot, computed by dividing the floor areas by the area of the lot.
Forty acre tract shall mean a governmental subdivision forty (40) acre tract also commonly referred to as a quarter/quarter of a section of land.
Freestanding sign (see Sign, freestanding)
Front lot line (see Lot line, front)
Front yard (see Yard, front)
Frontage (see Lot frontage)
Funeral home shall mean a building or part thereof used for human funeral services. Such building may contain space and facilities for (1) a funeral chapel; (2) embalming and the performance of other services used in preparation of the dead for burial; (3) the performance of autopsies and other surgical procedures; (4) the storage of caskets, funeral urns, an( other related funeral supplies; (5) the storage of funeral vehicles; and (6) facilities for cremation.
Garage, private shall mean an accessory building designed or used for the storage of not more than four (4) motor vehicles without provisions for repairing or servicing such vehicles for profit.
Garage, public shall mean a building designed and used for the storage of over four (4) motor vehicles and operated as a business enterprise with a service charge or fee being paid to the owner or operator for the parking or storage of privately owned vehicles, campers or motor powered boats.
Garage, repair shall mean a building designed and used for the storage, care, repair, or refinishing of motor vehicles including both minor and major mechanical overhauling, paint, and body work. (also see Service station)
Garbage shall mean any waste food material of an animal or vegetable nature, including that which may be used for the fattening of livestock.
Gasoline and diesel service Stations (see Service station)
Generator, traffic shall mean a use of land which generates large concentrations of population during designated periods of time.
Glare shall mean a sensation of brightness within the visual field that causes annoyance, discomfort, or loss in visual performance and/or visibility.
Grade shall mean the average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five feet of a sidewalk, the ground level shall be measured at the sidewalk.
Greenhouse shall mean a building or premises used for growing plants, preparation of floral arrangements for offsite delivery to customers, cold storage of flowers or dry storage of materials used for agricultural or horticultural purposes.
Ground cover shall mean plant material used in landscaping which remains less than twelve (12) inches in height at maturity. (also see Landscaping)
Ground coverage (see Lot coverage)
Ground water shall mean water occurring beneath the surface of the ground that fills available openings in the rock or soil materials such that they may be considered saturated.
Group care home shall mean a home which is operated under the auspices of an organization which is responsible for providing social services, administration, direction, and control for the home which is designed to provide twenty-four hour care for individuals in a residential setting.
Group home for the handicapped shall mean a dwelling with resident staff shared by four or more handicapped persons who live together as a single housekeeping unit and in a long term, family-like environment in which staff persons provide care, education, and participation in community activities for the residents with the primary goal of enabling the residents to live as independently as possible in order to reach their maximum potential. As used herein, the term "handicapped" shall mean having (1) a physical or mental impairment that substantially limits one or more of such person's major life activities so that such person is incapable of living independently; (2) a record of having such an impairment; or (3) being regarded as having such an impairment. The term "group home for the handicapped" shall not include alcoholism or drug treatment centers, work release facilities for convicts or ex-convicts, or other housing serving as an alternative to incarceration.
Group housing shall mean two or more separate buildings on a lot, each containing one or more dwelling units.
Halfway house shall mean a licensed home for individuals on release from more restrictive custodial confinement or initially placed in lieu of such more restrictive custodial confinement, living together as a single housekeeping unit, wherein supervision, rehabilitation and counseling are provided to mainstream residents back into society, enabling them to live independently.
Handicap shall mean, with respect to a person: (1) a physical or mental impairment which substantially limits one or more of such person's major life activities; (2) a record of having such an impairment; or (3) being regarded as having such an impairment. Handicap shall not include current, illegal use of or addiction to a controlled substance as defined by Section 28-401, R.R.S. 1943, as the same may, from time to time, be amended.
Hazardous substances shall mean any substances or materials that, by reason of their toxic, caustic, corrosive, abrasive, or otherwise injurious properties, may be detrimental or deleterious to the health of any person handling or otherwise coming into contact with such material or substance.
Health care facilities shall mean a facility licensed or approved by the state or an appropriate agency, if required, used in any of the following: (1) hospitals including offices of medical societies, offices of charitable public health associations and private office space for the practice of medicine and dentistry under a license from the Department of Health of the State of Nebraska; provided, that any such private offices for the practice of medicine and dentistry shall be occupied only by those on the staff of the hospital; (2) convalescent or nursing home; (3) a facility for outpatient physical, occupational, or vocational therapy or rehabilitation; (4) public health clinics and facilities; and (5) ambulatory surgical care center which does not allow for overnight stay by patients. Except as herein provided, health care facilities do not include doctors, or dentists professional offices and private clinics.
Health club shall mean privately owned for profit facilities such as gymnasiums, athletic clubs, health clubs, recreational clubs, reducing salons, and weight control establishments.
Health recreation facility shall mean an indoor or outdoor facility including uses such as game courts, exercise equipment, locker rooms, whirlpool spa and/or sauna and pro shop.
Height shall mean the vertical distance above grade from the base of a structure or building to its highest point.
Heliport shall mean a designated landing area used for the landing and taking off of helicopters and may include all necessary passenger and cargo facilities, fueling, and emergency service facilities.
Helistop shall mean any landing area used for the landing and taking off of helicopters for the purpose of picking up or discharging of passengers or cargo. No fueling, refueling, or service facilities.
Highest use (see Use, highest)
Historic district shall mean an area containing building or places in which historic events occurred or having special public value because of notable architectural or other features relating to the cultural or artistic heritage of the community, of such significance as to warrant conservation and preservation.
Holding pond shall mean an impoundment made by constructing an excavated pit, dam, embankment or combination of these for temporary storage of liquid livestock wastes.
Holding zone shall mean a zoning district, usually a very low density district, placed on property for the purpose of temporarily holding back the development of land for a more intensive desired use as indicated by the comprehensive plan until such time as community facilities are economically available and thereby avoiding the "leap frogging" of land uses.
shall mean an occupation, profession, activity, or use that is clearly an
incidental and secondary use of a residential dwelling unit, carried on by a
member or members of the family who occupy the dwelling for living purposes,
which does not alter the exterior of the property or affect the residential
character of the neighborhood. A home craft, occupation or profession,
including child care, carried on within a residential dwelling and/or the
associated accessory buildings thereof, wherein the use of the residential
dwelling unit and/or the accessory buildings for the home occupation use shall
be clearly incidental and subordinate to its use for residential purposes by
the occupants. Amended April 16, 2001
Homeowners association shall mean a private, nonprofit corporation or association of homeowners of properties in a fixed area, established for the purpose of owning, operating, and maintaining various common properties and facilities.
Hospital shall mean an institution providing health and emergency services of medical or surgical nature to human patients and injured persons and are licensed by the state to provide facilities and services in surgery, obstetrics, and general medical practice.
Hospital, animal shall mean a place where animals or pets are given medical or surgical treatment and are cared for during the time of treatment. Use as a kennel shall be limited to short-time boarding and shall be only incidental to such hospital use.
Hotel shall mean a building or portion thereof, or a group of buildings, offering transient lodging accommodations on a daily rate to the general public and providing additional services, such as restaurants, meeting rooms, and recreational facilities. The word "hotel" includes motel, inn, automobile court, motor inn, motor lodge, motor court, tourist court, motor hotel, or other similar designations.
Household pet shall mean an animal that is customarily kept for personal use or enjoyment within the home. Household pet shall include but not be limited to domestic dogs, domestic cats, domestic tropical birds, fish, and rodents.
Housing for the elderly shall mean a building or group of buildings containing dwellings in which each dwelling unit is occupied by at least one person of fifty-five (55) years of age or more. This does not include developments containing convalescent or nursing facilities. (also see Congregate housing)
Housing for the physically handicapped shall mean a building containing a dwelling or a group of dwellings in which each occupied dwelling unit is occupied by at least one physically handicapped person with a mobility impairment which requires certain construction design features for ingress, egress, and freedom of movement within the premises.
Impact fee (see Development impact fee)
Impervious surface shall mean a surface that has been compacted or covered with a layer of material making the surface highly resistant to infiltration by water, such as compacted sand, rock, gravel, or clay and conventionally surfaced streets, roots, sidewalks, parking lots, and driveways.
Incidental use shall mean a use which is subordinate to the main use of a premise.
Individual septic system shall mean a wastewater treatment system for a dwelling that has a septic tank and absorption system.
Industrial park shall mean a planned coordinated development of a tract of land with two or more separate industrial buildings. The development is planned, designed, constructed, and managed on an integrated and coordinated basis with an enforceable master plan and/or covenants, conditions, and restrictions with special attention to onsite vehicular circulation, parking, utility needs, building design and orientation and open space.
Industry shall mean the manufacture, fabrication, processing, reduction or destruction of any article, substance or commodity, or any other treatment thereof in such a manner as to change the form, character, or appearance thereof, and including storage in yards, buildings, elevators or in structures, warehouses, wholesale storage and other similar types of enterprises.
Infill land shall mean vacant tracts of land surrounded by developed properties containing improvements.
Inoperable motor vehicle shall mean any motor vehicle which (1) does not have a current state license plate or (2) which may or may not have a current state license plate, but is disassembled or wrecked in part or in whole, or is unable to move under its own power, or is not equipped as required by Nebraska State Law for operation upon streets or highways. A vehicle which is wholly or partially dismantled shall not be considered inoperable when said vehicle is inside a completely enclosed building.
Intensity shall mean the degree to which land is used referring to the levels of concentration or activity in uses ranging from uses of low intensity being agricultural and residential to uses of highest intensity being heavy industrial uses. High intensity uses are normally uses that generate concentrations of vehicular traffic and daytime population and are less compatible with lower intensive uses.
Interim zoning or development controls shall mean a process to freeze or severely restrict development for a short period, during which a comprehensive plan for an area or a new set of zoning regulations is prepared.
Interior lot (see Lot, interior)
Intermediate care facility (see Group home for the handicapped)
Junk shall mean dilapidated or worn out scrap or abandoned metal, paper, building material and equipment, bottles, glass, plastics, appliances, furniture, rags, rubber, motor vehicles or parts thereof, or other waste that has been abandoned from its original use.
Junkyard shall mean any area or parcel of land where accumulation of discarded junk, salvaged or salvageable materials are stored, baled, packed, disassembled or handled in any manner. The materials may include, but not be limited to inoperable motor vehicles or vehicle parts, inoperable machinery or equipment or parts, used lumber, or scrap or salvaged metal. An area or parcel of land shall not be considered a junkyard if the material stored thereon is an accessory use to the main permitted use of the premises. The terms junkyard and salvage yard shall be synonymous. (also see Automobile wrecking yard)
Kennel, commercial shall mean an establishment where five (5) or more dogs or cats or any combination thereof, or other household pets are groomed, bred, boarded, trained or sold as a business.
Kennel, private shall mean any premises used for the keeping of four (4) or less dogs or cats or a combination thereof by the owner/occupant or occupant of the premises for the purpose of show, hunting, or as pets. The dogs and cats shall belong to the owner/occupant or occupant and their keeping shall be accessory to the main use of the premises.
Kiosk shall mean a freestanding structure used for the purposes of posting information, notices, announcements and posters of a temporary nature.
Lagoon shall mean an impoundment made by constructing an excavated pit, dam, embankment or combination of these for treatment of waste by anaerobic, aerobic or facultative digestion.
Landfill shall mean a disposal site employing a method of disposing solid wastes in a manner that minimizes environmental hazards in accordance with state and federal requirements.
Landscaping shall mean the changing, rearranging, or adding to a piece of land to produce an aesthetic effect appropriate for the use to which the land is put. This may include the reshaping of the land, adding vegetation, sculptures, decorative lighting, structures, decorative surfacing or other enhancement for aesthetical, ecological and environmental reasons. (also see Ground cover)
Laundry, self-service shall mean an establishment that provides home-type washing, drying, and/or ironing facilities for customers on the premises.
Leapfrog development shall mean the development of cheaper land on the urban fringe by jumping over more expensive land located immediately adjacent to an existing development resulting in inadequate or lack of support services such as access to a street system designed to carry high volume traffic, utilities, and other commercial facilities or public services such as police, fire, schools and parks, thus adding to the tax burden of the general public and being an uneconomical growth pattern to the community or county.
Life care facility shall mean a facility for the transitional residency of the elderly and/or disabled persons, progressing from independent living to congregate apartment living where residents share common meals and culminating in full health and continuing care nursing home facility. (also see Congregate housing and Housing for the elderly)
Liquid Manure shall mean that type of livestock waste that is in liquid form, collected in liquid manure pits or lagoons and which can be sprayed or injected beneath the surface; provided however, only liquid manure collected in lagoons may be applied through the use of a center pivot or tow-line irrigation systems. (See definition of Lagoon)
Liquid Manure Storage Pits shall mean earthen or lined pits located wholly or partially beneath a semi or totally housed (ECH) livestock operation or at some removed location used to collect waste production. In no event shall liquid manure that is stored or collected in a Liquid Manure Storage Pit be applied through the use of a center pivot or tow-line irrigation system. (See definition of Liquid Manure and Lagoon)
Livestock (see Animals, farm)
Livestock Feeding Operation (LFO) shall mean the feeding, farrowing or raising of cattle, swine, sheep, poultry, or other livestock, in a confined area where grazing is not possible, and where the confined area is for more than six (6) months in any one calendar year, and where the number of animals so maintained exceeds seven hundred fifty (750) Animal Units as defined below. The confined area of the LFO shall include the pens, corrals, sheds, buildings, feed storage areas, waste disposal ponds and related facilities. Such facilities shall be constructed and operated in conformance with applicable county, state and federal regulations. Two (2) or more LFOs under common ownership are deemed to be a single LFO if they are adjacent to each other or if they utilize a common area or system for the disposal of livestock wastes. Animal units (AU) are defined as follows:
One (1) A.U.
One (1) Steer @ one thousand (1000) pounds;
One (1) A.U.
One (1) Horse;
One (1) A.U.
One (1) head of Dairy Cattle;
One (1) A.U.
Two (2.0) sows with litters;
One (1) A.U.
Two and one-half (2.5) hogs (includes swine that are 55 pounds or heavier, excluding producing sows);
One (1) A.U.
Five (5.0) Nursery Pigs (includes weaned pigs up to 55 pounds);
One (1) A.U.
Ten (10) Sheep;
One (1) A.U.
Fifty-five (55) Turkeys;
One (1) A.U.
One hundred (100) Layers;
One (1) A.U.
Two hundred (200) Broilers;
One (1) A.U.
Four hundred (400) Pullets.
Livestock wastes shall mean animal and poultry excreta and associated feed losses, bedding, spillage or overflow from watering systems, wash and flushing waters, sprinkling waters from livestock cooling, precipitation polluted by falling on or flowing onto a livestock operation, and other materials polluted by livestock or their direct products.
Living floor area shall mean the square foot area of a dwelling unit, excluding the garage, attics and areas within a full basement that do not have ground level access to the outside, as measured between the face of the interior walls.
Loading space, off-street shall mean the space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space.
Local street (see Street, local)
Lodging house (see Boarding house)
Lot shall mean a parcel of land occupied by or suitable for occupation by one main building, or a unit group of buildings where specifically authorized within a zoning districts and the accessory buildings or uses customarily incident thereto, including such open spaces as are required under this resolution, and having its principal frontage upon and access to a public street, improved road or approved place. A lot as used herein may consist of one or more platted lots, or tracts, as conveyed, or parts thereof when authorized by this resolution.
Lot, approved shall mean a lot in separate ownership, whose boundary lines, along their entire length touched lands under other ownership as shown by plat or deed recorded in the office of the Stanton County Register of Deeds on or before the adoption of these regulations. (also see Lot of record)
Lot area shall mean the total area within the lot lines of a lot designated either in square feet or acres.
Lot, corner shall mean a lot abutting upon two (2) or more streets at their intersection.
Lot, coverage shall mean the lot area covered by buildings or roofed areas, excluding allowed projecting eaves, balconies, and similar features.
Lot depth shall mean the mean horizontal distance between the front and rear lot lines.
Lot, double frontage shall mean a lot having a frontage on two nonintersecting streets as distinguished from a corner lot.
Lot, flag shall mean a lot with frontage and access provided to the bulk of the lot by means of a narrow corridor.
Lot frontage shall mean the side of a lot abutting on a legally accessible street right-of-way other than an alley or an improved county road. For the purposes of this definition, on corner lots, all sides of a lot adjacent to streets or roads shall be considered frontage.
Lot, interior shall mean a lot other than a corner lot bounded only on one side by a street.
Lot line shall mean a line dividing one lot from a street, alley or another lot. (also see Street line)
Lot line, front shall mean on an interior lot, the lot line abutting a street; on a corner lot, the street line with the least dimension, unless otherwise specified by the zoning administrative officer or his or her designee; on a through lot, the street line providing the primary access to the lot; and on a flag lot, the street line providing access to the lot. (also see Yard, front)
Lot line, rear shall mean a lot line opposite the front lot line. A lot bounded by only three lot lines will have no rear lot line.
Lot line, side shall mean a lot line not a front or rear line. A side lot line may be a party lot line, a line bordering on an alley or place or a street line on a corner lot.
Lot line, zero shall mean the location of a building on a lot line in such a manner that one or more of the building's sides rests directly on a lot line where permitted within these regulations.
Lot, nonstandard shall mean a lot or parcel of land that has less than the required minimum area or width as established by the zoning district in which it is located as of the effective date of this resolution.
Lot of record shall mean a lot whose existence, location, and dimensions have been legally recorded in a deed or on a plat in the office of the Stanton County Register of Deeds prior to the effective date of zoning in the area where the lot is located. (also see Lot, approved)
Lot, parking (see Parking lot)
Lot, reverse frontage shall mean a through lot without accessibility from one of the nonintersecting streets upon which it abuts.
Lot subdivision identification shall mean a privately owned and maintained parcel of ground within the right-of-way of a street upon which is located a sign identifying the name of the subdivision.
Lot, through (see Lot, double frontage)
Lot width shall mean the horizontal distance between side lines, measured at the minimum front yard setback line.
Machine shop shall mean a work shop, including tool and die shops, that turns, shapes, planes, mills or otherwise reduces or finishes metal by machine-operated tools.
Maintenance guarantee shall mean any security, other than cash, that may be accepted by the county to insure that required improvements will be maintained. (also see Performance guarantee)
Major highway maintenance shall mean a street or road which provides through traffic movement between and around areas and across the county or city; subject to necessary control of entrances and curb uses. This includes U.S. Highway 275, and State Highways 15, 24, 32, 35, and 57.
Manufactured home shall mean 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 the standards promulgated by the United States Department of Housing and Urban Development.
Manufactured home park shall mean a parcel of land under single ownership that has been planned and improved for the placement of manufactured housing used or to be used for dwelling purposes and where manufactured home spaces are not offered for sale or sold. The term "manufactured home park" does not include sales lots on which new or used manufactured homes are parked for the purposes of storage, inspection, or sale.
Manufactured home space shall mean a plot of ground within a manufactured home park which can accommodate one manufactured home and which provides the necessary utility services.
Manufactured home subdivision shall mean any area, piece, parcel, tract or plot of ground subdivided and used or intended to be used for the purpose of selling lots for occupancy by manufactured homes.
Manufacturing shall mean uses primarily engaged in the mechanical or chemical transformation of materials or substances into new products. These uses are usually described as plants, factories or mills and characteristically use power driven machines and materials handling equipment. Uses engaged in assembling component parts of manufactured products are also considered manufacturing if the new product is neither a structure nor other fixed improvement. Also included is the blending of materials such as lubricating oils, plastics, resins or liquors. Manufacturing production is usually carried on for the wholesale market, for interplant transfer, or to order for industrial users, rather than for direct sale to the domestic consumer.
Map, official zoning district shall mean a map delineating the boundaries of zoning districts which, along with the zoning text, is officially adopted by the Stanton County Board of Commissioner as the zoning regulations for Stanton County, Nebraska.
Marquee sign (see Sign, architectural canopy)
Massage parlor (see Adult uses)
Median shall mean the center of a road, street or other thoroughfare which separates the direction of traffic movement either by surface marking or separation of the road surface.
Medical or dental clinic shall mean any building or portion thereof, other than a hospital, used or intended to be used as an office for the practice of any type of medicine, including chiropractic, dentistry or optometry.
Message sign (see Sign, electronic message board)
Mini-storage or mini-warehouse (see Self-service storage facility)
Mission (see Emergency shelter mission)
Mobile home (see Manufactured home)
Mobile home park (see Manufactured home park)
Mobile home space (see Manufactured home space)
Mobile home subdivision (see Manufactured home subdivision)
Mobile unit (see Recreational vehicle)
Modular dwelling (see Dwelling, modular)
Motel (see Hotel)
Motor vehicle shall mean every self-propelled land vehicle, not operated upon rails, except mopeds and self-propelled invalid chairs.
Multiple dwelling (see Dwelling, multiple family)
Nightclub shall mean a commercial establishment dispensing beverages for consumption on the premises and in which dancing is permitted or entertainment is provided. (also see Bar)
Noncommunity Water supply system shall mean any public water supply system that is not a community water supply system.
Nonconforming use shall mean the use of any dwelling, building, lot, land or premises, or part thereof, which was existing and lawful at the time of the effective date of this resolution and which does not conform with the provisions of this resolution and any amendments thereto.
Nonstandard use shall mean the category of nonconformance consisting of lots occupied by buildings or structures or uses which lawfully existed at the time of the effective date of this resolution which fail to comply with the minimum lot requirements for area, density, width, front yard, side yard, rear yard, height, unobstructed open space or parking for the district in which they are located, even though the use of the premises conforms to the permitted uses within the district as set out in the provisions of this resolution.
Nuisance shall mean anything that interferes with the use or enjoyment of property, endangers personal health or safety, or is offensive to the senses such as noise, dust, odor, smoke, gas, pollution, congestion, lighting, and litter.
Nursery shall mean the use of a premises for the propagation, cultivation and growth of trees, shrubs, planes, vines and the like from seed or stock, and the sale thereof, and including the sale of trees, shrubs, plants, vines, and the like purchased elsewhere and transplanted into the soil of the premises. In connection with the sale of plants, such fungicides, insecticides, chemicals, peat moss, humus, mulches and fertilizers as are intended to be used in preserving the life and health of the plants may be sold.
Nursing home shall mean a facility used or occupied by persons recovering from illness or suffering from infirmities of old age requiring skilled nursing care and related medical services and licensed by the appropriate state or federal agency or agencies.
Obsolete sign (see Sign, obsolete)
Office shall mean a building or a portion of a building wherein services are performed involving, primarily, administrative, professional, or clerical operations.
Office park shall mean a tract of land that has been planned, developed, and operated as an integrated facility for a number of office buildings and supporting accessory uses, with special attention given to circulation, parking, utility needs, aesthetics, and compatibility.
Official map (see Map, official zoning district)
Off-street parking area or vehicular use area shall refer to all off street areas and spaces designed, used, required or intended to be used for parking, including driveways or access ways in and to such areas.
One family dwelling (see Dwelling, single family)
Open lots shall mean pens or similar concentrated areas, including small shed-type areas or open-front buildings, with dirt, or concrete (or paved or hard) surfaces, wherein animals or poultry are substantially or entirely exposed to the outside environment except for possible small portions affording some protection by windbreaks or small shed-type areas.
Open sign (see Sign, open)
Open space shall mean an area that is intended to provide light and air, and is designed for either environmental, scenic, or recreational purposes including but not limited to lawns, decorative or natural plantings, walkways, active and passive recreation areas, playgrounds, fountains, swimming pools, ponds, wooded areas, and water courses. Rights-of-way, driveways, parking lots, or other surfaces designed or intended for vehicular use shall not be included as open space.
Open space, common shall mean a separate and distinct area set aside as open space within or related to a development, and not on individually owned lots or dedicated for public use, but which is designed and intended for the common use or enjoyment of the residents of the development. Rights-of-way, private streets, driveways, parking lots or other surfaces designed or intended for vehicular use or required yards shall not be included as common open space.
Outdoor storage (see Storage)
Overlay district shall mean a district in which additional requirements act in conjunction with the underlying zoning district. The original zoning district designation does not change.
Owner shall mean one or more persons, including corporations, who have title to the property, building or structure in question.
Parcel shall mean a lot or a contiguous group of lots in single ownership or under single control which may be considered as a unit for purposes of development.
Park shall mean any public or private land available for recreational, educational, cultural, or aesthetic use.
Parking lot shall mean an area, unenclosed, where six or more motor vehicles may be stored for the purposes of temporary, daily, or overnight off-street parking. (also see Garage, public)
Parking, shared shall mean the development and use of parking on two or more separate properties for joint use by the businesses on those properties.
Parking space shall mean an area, enclosed or unenclosed, of not less than eight and one half (8 1/2) feet by nineteen (19) feet, designed and reserved for the parking of one (1) automobile and having access to a street or alley.
Performance guarantee shall mean a financial guarantee to ensure that all improvements, facilities, or work required by this resolution will be completed in compliance with these regulations as well as with approved plans and specifications of a development. (also see Maintenance guarantee)
Permanent foundation shall mean a base constructed from either poured concrete or laid masonry block or brick and placed on a footing located below ground level upon which a building or structure is permanently attached.
Permanently attached shall mean connected to real estate in such a way as to require dismantling, cutting away or unbolting in order to remove, relocate or replace.
Permitted use shall mean any land use allowed without condition within a zoning district.
Pet (see Household pet)
Pipestem lot (see Lot, flag)
Place (see Street, private)
Place of worship (see Church)
Planned development shall mean land under unified control, planned and developed with uses allowed within the zoning district and as a whole in a single development operation or in established phases.
Planning Commission shall mean the Planning Commission of Stanton County, Nebraska.
Plant nursery (see Nursery)
Plat shall mean a map showing the location, boundaries, and legal description of individual properties.
Policy shall mean a statement or document of the county, such as the comprehensive plan, that forms the basis for enacting legislation or making decisions.
Portable sign (see Sign, portable)
Premises shall mean a tract of land, consisting of one lot or irregular tract, or more than one lot or irregular tract, provided such lots or tracts are under common ownership, contiguous and used as a single tract. A building or land within a prescribed area.
Principal building (see Building, principal)
Principal use (see Use, principal) Private club (see Club)
Private garage (see Garage, private)
Private stable (see Stable, private)
Private well shall mean a well which provides water supply to less than fifteen (15) service connections and regularly serves less than twenty-five (25) individuals.
Prohibited use shall mean any use of land, other than nonconforming, which is not listed as a permitted use or conditional use within a zoning district.
Projection sign (see Sign, projecting)
Promotional device shall mean any sign intended to be displayed either with or without a frame, with or without characters, letters, illustrations or other material, on a fabric of any kind. National flags, flags of political subdivisions or symbolic flags of any institution or business shall not be considered a promotional device for the purpose of this definition. Banners, pennants, inflatable characters, streamers or fringe-type ribbons or piping, shall be considered as a promotional device.
Public garage (see Garage, public)
Public stable (see Stable, public)
Public utility shall mean any business which furnishes the general public telephone service, telegraph service, electricity, natural gas, water and sewer, or any other business so affecting the public interest as to be subject to the supervision or regulation by an agency of the state or federal government.
Public water supply shall mean a water supply system designed to provide public piped water fit for human consumption, if such system has at least fifteen (15) service connections or regularly serves at least twenty-five individuals. This definition shall include (1) any collection, treatment, storage, or distribution facilities under the control of the operator of such system and used primarily in connection with such system, and (2) any collection or pretreatment storage facilities not under such control which are used primarily in the connection with such system.
Rear lot line (see Lot line, rear)
Rear yard (see Yard, rear)
Recreational facility shall mean facilities for the use by the public for passive and active recreation including tennis, handball, racquetball, basketball, track and field, jogging, baseball, soccer, skating, swimming or golf. This shall include country clubs, and athletic clubs but not facilities accessory to a private residence used only by the owner and guests, nor arenas or stadiums used primarily for spectators to watch athletic events.
Recreational vehicle (RV) shall mean a vehicular unit less than forty (40) feet in overall length, eight (8) feet in width, or twelve (12) feet in overall height, primarily designed as a temporary living quarters for recreational camping or travel use having either its own power or designed to be mounted on or drawn by a motor vehicle. Recreational vehicle includes motor home, truck camper, travel trailer, camping trailer, and fifth wheel.
Recreational vehicle (RV) park shall mean a tract of land upon which two or more recreational vehicle sites are located, established, or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes by campers, vacationers, or travelers.
Recycling center shall mean a facility other than a junkyard in which recoverable resources such as paper, glass, metal cans, and plastics, are collected, bundled, stored, flattened, crushed, or reduced in some manner within a completely enclosed building, in preparation for shipment to others for reuse.
Recycling collection point shall mean a drop-off point for temporary storage of recoverable resources such as paper, glass, cans and plastics, and where no processing of such items takes place.
Recycling plant shall mean a facility other than a junkyard where recoverable resources such as paper products, glass, metal cans and other products, are recycled, reprocessed, and treated to return the products to a condition in which they may be reused for production.
Registration Permit shall mean a no-fee registration of any size livestock or poultry operation.
Research laboratory or center shall mean a building or group of buildings in which are located facilities for scientific research, investigation, testing, or experimentation, and not including manufacture or sale of products, except as incidental to the main purpose of the laboratory.
Residence shall mean a building used, designed, or intended to be used as a home or dwelling for one (1) or more families. (also see Dwelling)
Residential Use Permit shall mean a permit issued by the Planning Commission that authorizes the recipient to make conditional use of property before a residence may be constructed in an A-1 Agricultural District in accordance with the requirements of these Regulations as well as additional requirements imposed by the Commission.
Residents association (see Homeowners association)
Restaurant shall mean a public eating establishment at which the primary function is the preparation and serving of food primarily to persons seated within the building.
Restaurant, drive-in shall mean an establishment which has the facilities to serve prepared food and/or beverages to customers seated within motor vehicles for consumption either on or off the premises.
Restaurant, fast food shall mean an establishment whose principal business is the sale of food and/or beverages in ready-to-consume individual servings, for consumption either within the establishment, for carry out or drive-in and where foods and/or beverages are usually served in paper, plastic or other disposable containers.
Retail trade shall mean uses primarily engaged in selling merchandise for personal or household consumption and rendering services incidental to the sale of goods. Uses engaged in retail trade sell merchandise to the general public or to households for personal consumption.
Retirement community (see Housing for the elderly)
Reverse spot zoning shall mean an arbitrary zoning or rezoning of a small tract of land that is not consistent with the comprehensive land use plan and that uniquely burdens an individual owner largely to secure some public benefit. Reverse spot zoning usually results from downzoning a tract of land to a less intensive use classification than that imposed on nearby properties.
Rezoning shall mean an amendment to or change in the zoning regulations either to the text or map or both.
Rezoning, piecemeal shall mean the zoning reclassification of individual lots resulting in uncertainty in the future compatible development of the area.
Riding stable (see Stable, riding)
Right-of-way shall mean an area or strip of land, either public or private, on which an irrevocable right of passage has been dedicated, recorded, or otherwise legally established for the use of vehicles or pedestrians or both.
Road, private shall mean a way, other than driveways, open to vehicular ingress and egress established for the benefit of certain, adjacent properties. (also see Right-of-way and Street)
Road, public shall mean all public right-of-way reserved or dedicated for street or road traffic. (also see Right-of-way and Street)
Roadside stand shall mean a temporary structure or vehicle used solely for the sale of farm products produced on the premises or adjoining premises.
Roof sign (see Sign, roof)
Rooming house (see Boarding house)
Salvage yard (see Junkyard)
Satellite dish antenna shall mean a round, parabolic antenna incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, or cone and used to transmit and/or receive radio or electromagnetic waves.
Scenic easement shall mean an easement for the purpose of limiting land development in order to preserve a view or scenic area.
School shall mean a facility that provides a curriculum of elementary or secondary academic instruction, including kindergartens, elementary schools, junior high or middle schools, and high schools.
School, private shall mean a facility that provides a curriculum of elementary or secondary academic instruction, including kindergartens, elementary schools, junior high or middle schools, and high schools operated by a nongovernmental organization.
School, trade shall mean an institution offering extensive instruction in the technical, commercial, or trade skills and operated by a nongovernmental organization.
Screening shall mean a method by which a view of one site from another adjacent site is shielded, concealed, or hidden during all seasons of the year and may include fences, walls, hedges, berms, or other features. (also see Buffer)
Seasonal dwelling (see Dwelling, seasonal)
Self-service Station shall mean an establishment where motor fuels are stored and dispensed into the fuel tanks of motor vehicles by persons other than the service station attendant and may include facilities available for the sale of other retail products.
Self-service storage facility shall mean a building or group of buildings containing individual, compartmentalized, and controlled access stalls or lockers for storage.
Service floor area shall mean the total floor area of a building, exclusive of stairways, restrooms, storage rooms, hallways, or other areas which are not regularly used by inhabitants, visitors, employees, clients, customers, patients or patrons in their normal everyday use of the building.
Service station shall mean buildings and premises where the primary use is the supply and dispensing at retail of motor fuels, lubricants, batteries, tires, and motor vehicle accessories and where light maintenance activities such as engine tuneups, lubrication, and washing may be conducted, but not including heavy maintenance and repair such as engine overhauls, painting and body repair. (also see Garage, repair)
Setback shall mean the required minimum horizontal distance between the building or structure and the related front, rear or side lot line. (also see Building line and Yard)
Shelter (see Emergency shelter mission)
Shopping center shall mean a grouping of retail business and service uses on a single site with common parking facilities.
Side lot line (see Lot line, side)
Side yard (see Yard, side)
Sidewalk cafe shall mean an area adjacent to a street level eating or drinking establishment located adjacent to the public pedestrian walkway and used exclusively for dining, drinking and pedestrian circulation. The area may be separated from the public sidewalk by railings, fencing, or landscaping or a combination thereof.
Sight triangle shall mean an area at a street or road intersection in which nothing shall be erected, placed, painted or allowed to grow in such a manner as to materially impede vision of traffic at an intersection as established within these regulations.
Sign shall mean any fabricated sign or outdoor display structure, including its structure, consisting of any letter, figure, character, logo, mark, point, plane, marquee sign, design, poster, pictorial, picture, stroke, strip, line, trademark, reading matter illumination device, constructed, attached, erected, fastened, manufactured or painted in any manner whatsoever so that the same shall be used for the attraction of the public, performance, article, machine or merchandise whatsoever, and displayed in any manner cut of doors for recognized advertising purposes, or any letter, figure, character, etc. as set forth herein that is permanently painted on or adhered to any doors or windows of building or structures. (also see Sign, billboard and Promotional device)
Sign, architectural canopy shall mean an enclosed, illuminated (backlit awning) or non-illuminated structure that is attached to the wall of a building with the face of the sign approximately parallel to the wall and with the sign's copy area integrated into its surface.
Sign area shall mean the entire area including the background \of a sign on which copy can be placed but not including the minimal supporting framework or bracing. The area of individually painted letter signs, individual letter signs or directly or indirectly illuminated individual letter signs, shall be calculated on the basis of the smallest geometric figure that will enclose the entire copy area of the sign. Any such calculation shall include the areas between the letters and lines, as well as the areas of any devices, illuminated or non-illuminated.
Sign, awning, canopy or marquee (see Sign, architectural canopy)
Sign, billboard shall mean a sign that identifies or communicates a commercial or noncommercial message related to an activity conducted, a service rendered, or a commodity sold at a location other than where the sign is located.
Sign, building shall mean any sign supported by, painted on or otherwise attached to any building or structure.
Sign, closed shall mean a sign in which more than fifty percent (50%) of the entire area is solid or tightly closed or covered.
Sign, copy area shall mean all lettering, wording, and accompanying designs, symbols, logos, and trademarks on a sign area.
Sign, destination shall mean a sign used to inform and direct the public to important public places and buildings, landmarks and historical sites in the most simple, direct and concise manner possible.
Sign, directional shall mean a sign which provides directional assistance to access an establishment conveniently and safely.
Sign, electronic message board shall mean a sign that uses changing lights to form a sign message or messages wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes.
Sign, flashing shall mean a sign, which, by method or manner of illumination, flashes on or off, winks, or blinks with varying light intensity, shows motion, or creates the illusion of being on or off.
Sign, freestanding shall mean any sign supported by uprights or braces placed on or in the ground, which is used principally for advertising or identification purposes and is not supported by any building.
Sign, illuminated shall mean a sign illuminated in any manner by an artificial light source.
Sign, low profile shall mean a sign mounted directly to the ground with a maximum height not to exceed six (6) feet.
Sign, message (see Sign, electronic message board)
Sign, monument (see Sign, low profile)
Sign, obsolete shall mean a sign that advertises a business no longer in existence or a product no longer offered for sale and has advertised such business or product for a period of six (6) months after the termination of the existence of such business or the termination of sale of the product advertised.
Sign, open shall mean a sign attached to or hung from a marquee, canopy or other covered structure, projecting from and supported by the building and extending beyond the building wall, building line or street lot line.
Sign, portable shall mean a sign, usually of a temporary nature, not securely anchored to the ground or to a building or structure and which obtains some or all of its structural stability with respect to wind or other normally applied forces by means of its geometry or character.
Sign, projecting shall mean a display sign which is attached directly to the building wall, and which extends more than fifteen (15) inches from the face of the wall.
Sign, roof shall mean a sign which is erected, constructed and maintained above the roof of the building.
Sign setback shall mean the horizontal distance from the property line to the nearest projection of the existing or proposed sign.
Sign, subdivision identification shall mean a sign erected on a subdivision identification lot which identifies the platted subdivision where the sign is located.
Sign, temporary shall mean a sign constructed of cloth, fabric or other material with or without a structural frame intended for a limited period of display, including displays for holidays or public demonstrations. Temporary signs shall include portable signs as defined in this section.
Sign, wall shall mean a sign which is painted on or is directly attached to a fence or on the surface of masonry, concrete, frame or other approved building walls, and which extends not more than fifteen (15) inches from the face of the fence or wall.
Sign, window shall mean a sign painted, stenciled, or affixed on a window, which is visible from a right-of-way.
Similar use shall mean the use of land, building or buildings, or structures of like kind or general nature with other uses within a zoning district as related to bulk, intensity of use, traffic generation and congestion, function, public services requirements, aesthetics or other similarities.
Site plan shall mean a plan, prepared to scale, showing accurately and with complete dimensioning, the boundaries of a site and the location of all buildings, structures, uses, drives, parking, drainage, landscape features, and other principal site development improvements for a specific parcel of land.
Site, septic shall mean the area bounded by the dimensions required for the proper location of the septic tank system.
Slope (see Grade)
Sludge shall mean solids removed from sewage during wastewater treatment and then disposed of by incineration, dumping, burial or land application.
Spot zoning shall mean an arbitrary zoning or rezoning of a small tract of land that is not consistent with the comprehensive land use plan and that primarily promotes the private interest of the owner rather than the general welfare. Spot zoning usually results from an upzoning to a more intensive use classification.
Stable, private shall mean an accessory building or use of land to an existing residential use, that shelters or confines horses for the exclusive use of the occupants of the premises.
Stable, public shall mean a building or land where horses are kept for commercial purposes including boarding, hire, sale, riding, or show.
Stable, riding shall mean a structure in which horses or ponies, used exclusively for pleasure riding or driving, are housed, boarded, or kept for remuneration, hire or sale.
Standard system shall mean a sewage treatment system employing a building sewer, septic tank, and a standard soil absorption system.
State shall mean the State of Nebraska.
Stockpiling shall mean the accumulation of manure in mounds, piles or other exposed and non-engineered site locations for storage or holding purposes for a period of not more than one (1) year.
Storage shall mean the keeping, in a roofed or unroofed area, of any goods, junk, material, merchandise, or vehicles on the same tract or premises for more than thirty (30) days.
Story shall mean that part of a building included between the surface of a floor and the upper surface of the floor or roof next above.
Street shall mean a public or private thoroughfare used, or intended to be used, for passage or travel by motor vehicles.
Street, arterial shall mean a street designed with the primary function of efficient movement of through traffic between and around areas of a city, village or county with controlled access to abutting property.
Street, collector shall mean a street designed to provide for the efficient movement between local streets and arterial streets allowing direct access to abutting properties.
Street, cul-de-sac (see Cul-de-sac)
Street, curvilinear shall mean local streets which deviate from straight alignment and change direction without sharp corners or bends.
Street line shall mean a dividing line between a lot, tract, or parcel of land and the contiguous street.
Street, local shall mean a street designed for local traffic which provides direct access to abutting residential, commercial or industrial properties.
Street, looped shall mean a continuous local street without intersecting streets and having its two (2) outlets connected to the same street.
Street, private shall mean an open, unoccupied space, other than a street or alley dedicated to the public, but permanently established as the principal means of vehicular access to abutting properties. The term "private street" includes the term "place".
Structural alteration shall mean any alteration involving a change in or addition to the supporting members of a building, structure, or sign such as bearing walls, columns, beams, girders or poles.
Structure shall mean anything constructed or erected which requires permanent location on the ground or which is attached to something having permanent location on the ground, but not including driveways, sidewalks or other surfacing, or public items such as utility poles, street lights, and street signs, or minor landscape features such as bird fountains, clotheslines, landscape lighting, and sculptures.
Subdivision shall mean the division of land, lot, tract, or parcel into two or more lots, parcels, plats, or sites, or other divisions of land for the purpose of sale, lease, offer, or development, whether immediate or future. The term shall also include the division of residential, commercial, industrial, agricultural, or other land whether by deed, metes and bounds description, lease, map, plat, or other instrument.
Subdivision identification lot (see Lot, subdivision identification)
Subdivision identification sign (see Sign, subdivision identification)
Surface water class A - primary contact recreation shall mean surface waters which are used, or have a high potential to be used, for primary contact recreational activities. Primary contact recreation includes activities where the body may come into prolonged or intimate contact with the water, such that water may be accidentally ingested and sensitive body organs (e.g., eyes, ears, nose, etc.) may be exposed. Although the water may be accidentally ingested, it is not intended to be used as a potable water supply unless acceptable treatment is supplied. These waters may be used for swimming, water skiing, canoeing, and similar activities.
Surface waters shall mean all waters within the jurisdiction of this state, including all streams, lakes, ponds, impounding reservoirs, marshes, wetlands, watercourses, waterways, springs, canal systems, drainage systems, and all other bodies or accumulations of water, natural or artificial, public or private, situated wholly or partly within or bordering upon the state.
Tavern (see Bar)
Temporary sale (see Flea market)
Temporary sign (see Sign, temporary)
Temporary use shall mean a use intended for limited duration to be located in a zoning district not permitting such use.
Through lot (see Lot, through)
Tower shall mean a structure situated on a site that is intended for transmitting or receiving television, radio, or telephone communication. (also see Antenna)
Townhouse (see Dwelling, single family, attached)
Transitional use shall mean a permitted use or structure that by nature or level and scale or activity, acts as a transition or buffer between two or more incompatible uses.
Truck repair shall mean the repair, including major mechanical and body work, straightening of body parts, painting, welding or other work that may include noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in gasoline service stations, of trucks having a hauling capacity of over one (1) ton and buses but excluding pickups and other vehicles designed for the transport of under eight (8) passengers.
Truck terminal shall mean a building or an area in which freight brought by truck is assembled and/or stored for routing or reshipment, or in which semitrailers, including tractor and/or trailer units and other trucks, are parked or stored for a short time period.
Two family dwelling (see Dwelling, two family)
Upzoning shall mean a change in zoning classification of land to a more intensive or less restrictive district such as from residential district to commercial district or from a single family residential district to a multiple family residential district.
Use, accessory (see Accessory use)
Use, best shall mean the recommended use or uses of land contained in an adopted comprehensive plan. Such uses represent the best use of public facilities, and promotes health, safety and general welfare.
Use, highest shall mean an appraisal or real estate market concept that identifies the use of a specific tract of land that is most likely to produce the greatest net return on investment.
Use, principal shall mean the main use of land or structures, as distinguished from an accessory use. (also see Building, principal)
Variance shall mean a relaxation of the terms of the zoning regulations where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship. As used in these regulations, a variance is authorized only for height, area, and size of structure or size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of non-conformities in the zoning district or uses in an adjoining zoning district.
Vehicle shall mean every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved solely by human power or used exclusively upon stationary rails or tracks.
Vehicle, motor (see Motor vehicle)
Wall sign (see Sign, wall)
Warehouse shall mean a building used primarily for the storage of goods and materials.
Warehouse and distribution shall mean a use engaged in storage, wholesale, and distribution of manufactured products, supplies, and equipment.
Warehouse, personal storage (see Self-service storage facility)
Wastewater lagoon (see lagoon)
Waters of the state shall mean all waters within the jurisdiction of this state, including all streams, lakes, ponds, impounding reservoirs, marshes, wetlands, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water surface or underground, material or artificial, public or private, situated wholly within or bordering upon the state.
Wetland shall mean an area that is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that, under normal circumstances, does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.
Wholesale establishment shall mean an establishment for the on-premises sales of goods primarily to customers engaged in the business of reselling the goods.
Wholesale trade shall mean a use primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. The principal types of establishments included are: merchant wholesalers; sales branches and sales offices (but not retail stores) maintained by manufacturing enterprises apart from their plants for the purpose of marketing their products; agents, merchandise or commodity brokers, and commission merchants; petroleum bulk storage, assemblers, buyers, and associations engaged in cooperative marketing of farm products. The chief functions of uses in wholesale trade are selling goods to trading establishments, or to industrial, commercial, institutional, farm and professional; and bringing buyer and seller together. In addition to selling, functions frequently performed by wholesale establishments include maintaining inventories of goods; extending credit; physically assembling, sorting and grading goods in large lots, breaking bulk and redistribution in smaller lots; delivery; refrigeration; and various types of promotion such as advertising and label designing.
Windbreak/Shelterbelt for Farmsteads & Feedlots a belt of trees or shrubs established next to a farmstead or feedlot. To protect soil resources, control snow deposition, prevent wind damage to farmsteads, provide shelter for livestock, beautify an area, or improve an area for wildlife. Added April 16, 2001.
Windbreak/Shelterbelt for field windbreaks a strip or belt of trees or shrubs established in or adjacent to a field. To reduce soil blowing; control snow deposition; conserve moisture; protect crops, orchards, livestock, and wildlife; or increase the natural beauty of an area. Added April 16, 2001.
Yard shall mean the required open space on a lot adjoining a lot line, containing only landscaping or other uses as provided by this resolution.
Yard, front shall mean a yard extending along the full width of a front lot line between side lot lines and from the front lot line to the front building line. There shall be a required front yard of each street side of a corner lot and a double frontage lot. (also see Lot line, front and Lot, corner)
Yard, rear shall mean a yard extending across the full width of the rear lot line between side lot lines and from the rear lot line to the rear building line. The depth of the rear yard is measured at right angles to the rear line of the lot. On corner lots, the required rear yard may be to the rear of either street. on interior lots, the required rear yard shall be at the opposite end of the lot from the front yard.
Yard, side shall mean a yard between the side lot line and the side building line lying between the front yard and the rear yard.
Zero lot line (see Lot line, zero)
Zoning administrative officer shall mean the person or persons authorized and empowered by the county to administer and enforce the requirements of this resolution.
Zoning, districts shall mean areas, as designated on the zoning district map, within the county and within the extraterritorial jurisdiction for which regulations governing the use of buildings, structures and premises, the height of buildings and structures, size of yards, and the intensity of use are uniform.
ARTICLE 27. VALIDITY.
Should any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this resolution.
ARTICLE 28. EFFECTIVE DATE
This Resolution shall take affect and be in force from and after its approval and adoption according to Law on this 14th day of April, 1998 by the Board of Commissioners of Stanton County, Nebraska.
Con E Bernbeck, Chairman, Board of Commissioners
Rita Roenfeldt, Stanton County Clerk
Stanton County Zoning Regulations