05/24/2022 Ordinances 9881• ; � 1► : ► ► ��`�:�:�I
An ordinance to amend Chapter 36 of the Grand Island City Code specifically,
to amend Section 36-55 Secondary Agricultural Zone; to repeal any ordinance or parts of
ordinances in conflict herewith; and to provide for publication in pamphlet form and the
effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Section 36-55 Secondary Agricultural Zone of this ordinance, of
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Grand Island City Code are hereby amended to read as follows:
§36-55. (AG-2) Secondary Agricultural Zone
Intent.• The (AG-2) Secondary Agricultural Zoning District regulations are intended to provide for the
preservation of lands best suited for agricultural uses of all types including feed lots and the commercial feeding of
livestock to speciiic limits and accessory uses; to prevent encroachment of uses of land that could be mutually
incompatible and continue to provide for agricultural uses as a major asset to the economy of the area of the use and
conservation of agricultural land, to protect the value of such land, and to protect it from indiscriminate residential
and urban development and other incompatible and conflicting land uses. The (AG-2) Secondary Agricultural
Zoning District is also intended to conserve and protect the value of open space, wooded areas, streams, mineral
deposits and other natural resources and to protect them from incompatible land uses and to provide for their timely
utilization. The zoning district intends to provide for the location and to govern the establishment and operation of
land uses that are compatible with agriculture and are of such nature that their location away from residential,
commercial and industrial areas is most desirable. In addition, to provide for the location and to govern the
establishment of residential uses which are accessory to and necessary for the conduct of agriculture and to provide
the location and to govern the establishment and use of limited non-agricultural residential uses. Such non-
agricultural residential uses shall not be so located as to be detrimental to or conflict with other uses that are named
as permitted or conditional uses in this zoning district and are appropriate to other property in the area.
The nature of the (AG-2) Secondary Agricultural Zoning District and the uses allowed outright or by
conditional use permit precludes the provision of services, amenities and protection from other land uses which are
afforded to residential uses by the regulations of other zoning districts, and it is not intended that the AG-2
Secondary Agicultural Zoning District regulations afford such services, amenities and protection to residential uses
located therein.
(A) Permitted Principal Uses: The following principal uses are permitted in the (AG-2) Secondary Agriculture
Zoning District.
(1) Agricultural operations, and the usual agricultural and farm build'mgs and structures, including the
residences of owners and their families and any tenants and employees who are engaged in agricultural
operations on the premises
(a) State agencies shall govern all use of farm chemicals, including application of pesticides and herbicides,
and applicants using restricted-use pesticides shall be required to be certiiied as required by law
(b) The spreading of manure by a"farming" operation (as defined in §36-8 of this chapter)
(c) Agricultural operations having up to 300 animal units are considered a farm and are permitted by right,
provided other requirements in this zoning district are met and submission of a no-fee livestock registration
permit to the Hall County Regional Planning Director is done
(d) Operations having up to 300 animal units shall locate at least 300 feet from a platted residential area,
public park, recreational area, church, cemetery, religious area, school, and residential district
(2) Ranch and farm dwellings, subject to §36-55(e)
(3) Recreational camps, parks, playgrounds, golf courses, country clubs, tennis courts, and other similar
Approved as to Form tt
May 23, 2022 tt City Attorney
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ORDINANCE NO. 9881
recreational uses
(4) Single family dwelling subject to §36-55(e)
(5) Utility substation, pumping station, water reservoir and telephone exchange
(6) Fire stations
(7) Churches, seminary and convent
(8) Public and parochial school; college
(9) Publicly owned and operated buildings and facilities such as community centers, auditoriums, libraries,
museums
(10) Private kennels and facilities, provided that all buildings and facilities be at least one hundred feet from the
property line and three hundred feet from any neighboring residence
(11) Roadside stands offering agricultural products for sale on the premises
(12) Seed and feed sales, machine repair shop, livestock equipment construction and sales, as a primary
occupation in conjunction with an agricultural operation and be operated on the premises
(13) Farm and industrial equipment sales
(14) Public and private riding academies provided that no stable, building or structure in which horses or other
animals are kept are no closer than one hundred (100) feet from the property line
(15) All other Permitted Uses as indicated as permitted within the Zoning Matrix [Attachment A hereto]
(B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject to
conditions relating to the placement of said use on a specific tract of ground in the (AG-2) Secondary Agricultural
Zoning District:
(1) Bed and breakfast residence subject to the following conditions in addition to those imposed by the City
Council
(a) The bed and breakfast residence shall be within a conforming single-family dwelling
(b) Guest rooms shall be within the principal residential building only and not within an accessory building
(c) Each room that is designated for guest occupancy must be provided with a smoke detector which is kept
in good working order
(d) Two (2) off-street parking spaces shall be provided for each dwelling unit plus one (1) off-street parking
space for each sleeping room designated far guests. Such parking areas shall not be within the required
front or side yards
(e) One (1) identification sign on not more than four (4) square feet of sign area shall be permitted
(2) Publicly and privately owned dude ranches, forest and conservation areas, and golf driving ranges,
motorized cart tracks, or other outdoor recreational areas such as gun clubs, and archery, trap and skeet ranges
(3) Industrial uses as provided in the Zoning Matrix [Attachment A hereto] and the following minimum
conditions are met:
(a) Meets minimum lot requirements as established in this chapter
(b) Meets minimum off-street parking requirements as established by this chapter
(c) The lot(s) take access from an improved county road or highway or are along a developed public or
private road that accesses an improved county road ar highway
(4) Commercial uses as provided in the Zoning Matrix [Attachment A hereto] and the following minimum
conditions are met:
(a) Meets minimum lot requirements as established in this chapter
(b) Meets minimum off-street parking requirements as established by this chapter
(c) The lot(s) take access from an improved county road or highway or are along a developed public or
private road that accesses an improved county road or highway
(5) All other Conditional Uses as indicated within the Zoning Matrix [Attachment A hereto], provided the
following minimum conditions are met:
(a) Meets minimum lot requirements as established in this chapter
(b) Meets minimum off-street parking requirements as established by this chapter
(c) The lot(s) take access from an improved county road or highway or are along a developed public or
private road that accesses an improved county road or highway
(6) Development of natural resources and the extraction of raw materials such as rock, gravel, sand, etc.,
including gas and oil extraction and exploration, and subject to the requirements of the Supplementary
Regulations herein
(7) Radio, cellular and television towers and transmitters and subject to the requirements of the Supplementary
Regulations herein
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ORDINANCE NO. 9881
(8) Airports
(9) Manufacture of light sheet metal products including heating and ventilation equipment
(10) Manufacture and/or processing of agricultural products including but not limited to ethanol plants and mills
(11) Truck and freight terminals
(12) Commercial mining, quarries, sand and gravel pits and accessory uses
(13) Storage of trucks, tractars, and trailers engaged in the transportation of explosives
(14) Race tracks, drag strips and similar uses and associated accessory uses
(15) Wind Energy devices
(16) Community sewage disposal facilities
(17) Sanitary landfill siting or expansion conducted in a manner and method approved by the City Council
provided said landfill is not closer than one thousand (1,000) feet to a municipal well and/or one mile to any
village or city limits or any subdivision, addition or residence. See the Supplementary Regulations herein
(18) Lawn and garden nurseries
(19) Commercial kennels and facilities for the raising, breeding and boarding of dogs and other small animals,
including exotic, non-fann and non-domestic animals, provided that all buildings and facilities be at least one
hundred (100) feet from the property line and three hundred (300) feet from any neighboring residence.
(20) The spreading, stockpiling, or composting of dead livestock, sludge, by-products from manufacturing or
any processing plant, and/or paunch manure on agricultural land by municipalities or operations inside ar
outside of the Grand Island jwisdiction
(21) The application of livestock manure within the jurisdiction of Grand Island by operations located outside
Hall County
(22) Livestock feeding operations, subject to the licensure requirements, waste disposal requirements and
recommendations of the State of Nebraska and the Land Use specifications of the Grand Island Comprehensive
Development Plan
�23) Trailer Washout
(C) Standards for Livestock Feeding Operations:
(1) The following setbacks and design standards are the minimum sanitation and odor practices for Grand Island
and its extra territorial jurisdiction. In addition, the City Council of Grand Island, when considering the health,
safety, and general welfare of the public, may impose more restrictive requirements. These requirements should
consider such things as:
(a) property values
(b) dust
(c) lighting
(d) waste disposal
(e) dead livestock
(2) A Conditional Use Permit may be approved after public notice has been given and public hearing is
conducted as required by law
(3) Agricultural operations of 300 animal units and under are considered a farm as defined in these regulations
and do not require a Conditional Use Permit, see §36-8 of this chapter
(4) All existing livestock feeding operations over 300 animal units shall be required to meet specific density
requirements for a Class I facility. These density requirements are:
(a) One (1) acre of gound far the first animal unit and one-half (1/2) acre for each additional animal unit.
Class II, III, IV facilities are not permitted in the (AG-2) Secondary Agicultural Zoning District
(5) All existing livestock feeding operations that have been granted a conditional use permit may expand within
their designated level, as outlined in Table l, without applying for another conditional use permit. All new
livestock feeding operations and those expanding to the next level shall require a Conditional Use Permit and
shall be located no less than at a distance from non-farm residences or other residences not on an owner's
property in any affected zoning district as hereafter described:
(a) Livestock feeding operations (LFO) will be categorized either as Environmentally Controlled Housing
(ECH) operations or Open Lot Operations. Livestock feeding operations having more than one type of
feeding operation at one location shall be categorized according to the operation which constitutes the
majority of the total operation. Each operation type shall be classiiied in one of four levels according to
total number of animal units (A.U.) in the operation at any one time. Levels will include:
Class I facility = 301 - 1,000 animal units
Class II facility = 1,001 — 5,000 animal units
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ORDINANCE NO. 9881
Class III facility = 5,001 — 20,000 animal units
Class IV facility = 20,001 or more animal units
Livestock feeding operations having more than one type of feeding operation at one location shall be
categorized according to the total number of animal units
TABLE 3: Livestock Feeding Operations Spacing and Distance (Distances given in feet)
Size of Proposed LFO in Animal Units Non-farm or Other Residence and Other LFOs (feet)
Class I ECH 1,320
301-1000 OPEN 1,320
Class II ECH Not allowed in the AG-2 Zoning District
1001-5000 OPEN Not allowed in the AG-2 Zoning District
Class III ECH Not allowed in the AG-2 Zoning District
5001-20,000 OPEN Not allowed in the AG-2 Zoning District
Class IV ECH Not allowed in the AG-2 Zoning District
20,000+
OPEN Not allowed in the AG-2 Zoning District
ECH = Environmentally Controlled Housing
OPEN = Open Lot Operations
(b) The applicant shall have a Pre-Submission meeting with the Hall County Regional Planning Director
and the Grand Island Building Director or his/her designee to discuss tentative plans and layouts prior to
formal submission of the Conditional Use Permit for Livestock Feeding Operations
(i) A proposed site plan and conditions or requirements of this regulation pending approval of
application for a proposed operation and waste disposal plan from the Nebraska Department of
Environmental Quality (NDEQ) or any other applicable state agency
(ii) The applicant shall submit all pertinent materials and designs, as per the Conditional Use Permit
application for Livestock Feeding Operations
(iii) The applicant shall file a copy of the proposed Operation and Maintenance Plan and proposed
Manure Management Plan. The approved plans shall be submitted after NDEQ approval if different
from the proposed. Said plans shall be filed with the Hall County Regional Planning Director
(iv) The applicant shall file a copy of all approved NDEQ plans and permits with the Hall County
Regional Planning Director within thirty (30) days after they are issued by the NDEQ
(v) An annual manure management plan shall be submitted to the Hall County Regional Planning
Director which shall follow "best possible management practices" as specified by NDEQ in order to
protect the environment, as well as the health, safety and general welfare of the public and their
property values
(vi) If stockpiling of animal waste and/or composting of dead carcasses, as per state statutes, is part of
the manure management plan, the waste shall be maintained in an area as outlined in Table 1 of this
section. Said area shall also be located on the proposed site plan.
(vii) All ground surfaces within outside livestock pens shall be maintained to insure proper drainage of
animal waste and storm or surface runoff in such a manner as to minimize manure from being carried
into any roadway ditch, drainage area or onto a neighbor's property
(viii) In no event shall any manure storage unit or system be constructed where the bottom of the unit
or system is either in contact with or below the existing water table where the unit or system is to be
constructed. Application of manure in flooded areas of standing water shall be prohibited
(ix) All runoff or waste generated by a livestock feeding operation facility shall be contained within the
associated farming operation, or, on the premises upon which the confined feeding facility or feedlot is
located. The applicant must verify that all runoff control ponds, lagoons, methods of manure disposal
and dust control measures are designed to minimize offal and air pollution, and avoid surface or
groundwater contamination as regulated by the State of Nebraska
(x) The setbacks from a livestock feeding operation to any non-farm dwelling, other residence, or other
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ORDINANCE NO. 9881
livestock feeding operation are as follows in Table 3.
(5) Exceptions:
(a) Any Class I livestock feeding operation use in existence as of August 1, 2004, and which is located
within the minimum spacing distance in Table 1 to any church, school, public use, other livestock feeding
operation or single-family dwelling within the current class or to the next class may expand in animal units
and/or land area under a Conditional Use Permit, provided the proposed expansion complies with all the
following limitations:
(i) Such expansion will not decrease the distance from the livestock feeding operation use to any
church, school, public use, other livestock feeding operation or single-family dwelling not of the same
ownership and not on the same premises with said livestock feeding operation which is less than the
minimum prescribed spacing distance
(ii) Any physical expansion of the existing livestock feeding operation shall be immediately
contiguous with the facilities of the existing livestock feeding operation
(iii) Such expansion may occur in phases over time, but in no event shall such expansion(s) result in a
livestock feeding operation that is more than fifty (50) percent larger in animal units than the one-time
capacity of the use which existed as of August 1, 2004. Any expansion beyond this limitation is
prohibited unless a Conditional Use Permit for expansion that meets all requirements is heard by and
authorized by the City Council of Grand Island
(iv) If such expansion results in such livestock feeding operation being required to obtain a new
construction permit from NDEQ, introduction of additional animals shall be prohibited until said
permit is issued by NDEQ or other applicable or successor agency has been issued and such livestock
feeding operation shall be operated at all times in a manner consistent with the requirements of said
permit and applicable regulations of this chapter
(D) Accessory Uses: The following accessory buildings and uses are permitted in the (AG-2) Secondary
Agricultural Zoning District.
(1) Buildings and uses customarily incidental to the permitted and conditional uses
(2) Home occupation
(3) Temporary buildings and uses incidental to construction work which shall be removed upon the completion
or abandonment of the construction work
(E) Lot Requirements and Intensitv of Use: The following table lists the minimum lot requirements and maximum
building requirements in an (AG-2) Secondary Agricultural Zoning District. These requirements shall be followed
unless otherwise modified by this chapter.
Setbacks
A B C D E
Uses Min Lot Min. Lot Front Rear Yard Side Street Max. Lot Min Lot Max.
Area Width Yard (feet) Yard Side Yard Coverage Area per Building
(acres) (feet) (feet) (feet) (feet) dwelling unit Height
(sq. ft.) (feet)
Permitted Uses 20 100 35 35 20 20 10% 20,000 35'
Conditional 20 100 35 35 20 20 10% 20,000 35'
Uses
Agricultural 1 100 35 35 20 20 10% 20,000 35'
Uses
1 for structures intended for human occupancy, all others no restrictions.
2 The following requirements are allowed in specific situations within the jurisdiction of Grand Island. These
requirements are:
(A) Any person or persons who:
(1) owns a tract of 80 acres or mare may sell one tract per 80 acres for a single family dwelling, providing
such sale has not been previously exercised on the large tract; and/or
(2) owns an existing ranch or farm dwelling excluding a single-wide manufactured home that is ten years
old or more may sell a tract containing such dwelling;
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(3) providing the following space limitations are complied with:
Setbacks
Min Lot Min. Lot Front Rear Yard Side Yard Max. Lot Max.
Area Width (feet) Yard (feet) (feet) Coverage Building
(sq. ft.) (feet) Height
feet
20,000 100 30 25 15 25% 35'
1 for structures intended far human occupancy, all others no restrictions.
(F) Prohibited Uses:
(1) Any use not specifically listed as a permitted principal use, conditional use or permitted accessory use.
(G) Supplementary Regulations:
(1) Residential dwelling units on non-agricultural land, may construct accessory structures, make repairs,
replace, remodel, rebuild, or replace the residential structure in case of damage regardless of the percent of
damage or extent of structural change provided the use does not change.
(2) All new and existing livestock feeding operations and farms with livestock of 300 animal units or less shall
require a no-fee livestock registration permit. In addition, all new or expanded livestock feeding operations of
over 300 animal units shall require a Conditional Use Permit.
(a) New non-farm residences in the AG-1 or AG-2 zoning districts shall be located no less than at the
following distances as those shown in Table 4: Non-farm Residence Spacing and Distance, from an
existing agricultural operation having between 50 and 300 animal units and a livestock feeding operation
based upon the type of operation.
TABLE 4: NON-FARM RESIDENCE SPACING AND DISTANCE (Distances given in feet)
Size of Existing Agricultural Operation and Livestock Feeding Operation in Animal Units
100-300 301-1,000 1,001-5,000 5,001-10,000 10,000+
New Non-farm 0 1,980 3,960 3,960 5,940
Residence
SECTION 2. Section 36-55 Secondary Agricultural Zone as existing prior to
this amendment, and any ordinances or parts of ordinances in conflict herewith, are repealed.
SECTION 3. The validity of any section, subsection, sentence, clause, or
phrase of this ordinance shall not affect the validity or enforceability of any other section,
subsection, sentence, clause, or phrase thereof.
SECTION 4. That this ordinance shall be in force and take effect from and
after its passage and publication in pamphlet form within 15 days according to law.
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ORDINANCE NO. 9881
Enacted: May 24, 2022
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Rog . Steele, Mayor
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Attest:
RaNae Edwar s, City Clerk
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