04-05-2017 Regional Planning Regular Meeting Packet
Hall County Regional
Planning Commission
Wednesday, April 5, 2017
Regular Meeting Packet
Commission Members:
Judd Allan Hall County
John Hoggatt Grand Island
Derek Apfel Grand Island
Hector Rubio Grand Island
Leonard Rainforth Hall County
Carla Maurer Doniphan
Dean Kjar Wood River
Dean Sears Grand Island
Jaye Monter Cairo Vice Chairperson
Pat O’Neill Hall County Chairperson
Greg Robb Hall County
Leslie Ruge Alda Secretary
Regional Planning Director: Chad Nabity
Planning Technician:
Edwin Maslonka
Administrative Assistant:
Tracy Gartner
6:00 PM
City Hall
Grand Island Regular Meeting - 4/5/2017 Page 1 / 76
Call to Order
Roll Call
A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS
Individuals who have appropriate items for City Council consideration should complete the Request for
Future Agenda Items form located at the Information Booth. If the issue can be handled administratively
without Council action, notification will be provided. If the item is scheduled for a meeting or study
session, notification of the date will be given.
B - RESERVE TIME TO SPEAK ON AGENDA ITEMS
This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve
time to speak. Please come forward, state your name and address, and the Agenda topic on which you will
be speaking.
DIRECTOR COMMUNICATION
This is an opportunity for the Director to comment on current events, activities, and issues of interest to
the commission.
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Hall County Regional Planning
Commission
Wednesday, April 5, 2017
Regular Meeting
Item A1
Agenda 4-5-17
Staff Contact: Chad Nabity
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AGENDA AND NOTICE OF MEETING
Wednesday April 5, 2017
6:00 p.m.
City Hall Council Chambers — Grand Island
1. Call to Order.
This is a public meeting subject to the open meetings laws of the State
of Nebraska. The requirements for an open meeting are posted on the
wall in this room and anyone who would like to find out what those are
is welcome to read through them.
The Planning Commission may vote to go into Closed Session on any
Agenda Item as allowed by State Law.
The Commission will discuss and may take action on any item listed on
this agenda.
The order of items on the agenda may be reorganized by the Chair to
facilitate the flow of the meeting to better accommodate the public.
2. Minutes of March 1, 2017.
3.Request Time to Speak.
4.Public Hearing -Rezone – Cairo - A request to rezone all of Robinson
Estates Subdivision from R-9 Single-Family Residential to R-6 Multiple-
Family Residential in the Village of Cairo, Hall County, Nebraska. (C-12-
2017C)
5.Public Hearing - Zoning Text Amendment – Wood River – A request
from the City of Wood River to amend Article 5, Section 5.11.02(4) of the
Wood River Zoning Ordinances to include dwelling units as a permitted use.
(C-13-2017WR)
Consent Agenda
6.Final Plat – Meadowlark West 10th Subdivision – located north of Faidley
Avenue and west of Allen Drive. (2 lots and 2.9 acres)
7.Final Plat – Mike Dobesh Subdivision – located south of Stolley Park Road
and east of 110th Road. (1 lot and 3.3 acres)
8.Hall County Zoning Review Committee Report
a. Primary Agriculture Zoning Review/Matrix
b. Livestock Friendly County Designation Application
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9.Director’s Report.
10.Next Meeting May 3, 2017.
11.Adjourn.
PLEASE NOTE: This meeting is open to the public, and a current agenda is
on file at the office of the Regional Planning Commission, located on the
second floor of City Hall in Grand Island, Nebraska.
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Staff Recommendation Summary
For Regional Planning Commission Meeting
April 5, 2017
4. Public Hearing – Rezone - Cairo - A request to rezone all of Robinson
Estates Subdivision from R-9 Single-Family Residential to R-6 Multiple-
Family Residential in the Village of Cairo, Hall County, Nebraska. The
proposal is for developing duplexes. (Hearing, Discussion and Action)
(C-12-2017C)
5. Public Hearing – Zoning Text Amendment – Wood River – This is a
request from the City of Wood River to amend Article 5, Section 5.11.02(4) of
the Wood River Zoning Ordinances to include dwelling units as a permitted
use. (Hearing, Discussion and Action) (C-13-2017WR)
Consent Agenda
6. Final Plat – Meadowlark West 10th Subdivision – located north of Faidley
Avenue and west of Allen Drive. (2 lots and 2.9 acres)
(Discussion and Action)
7. Final Plat - Mike Dobesh Subdivision – located south of Stolley Park Road
and east of 110th Road. (1 lot and 3.3 acres)
(Discussion and Action)
8. Hall County Zoning Review Subcommittee
a. Primary Agriculture Zoning Review/Matrix – The subcommittee
will update the commission on its review of the A-1 Primary Agriculture
District zoning and a suggested Animal Feeding Operation Siting
Matrix. (Discussion only)
b. Livestock Friendly County Designation – The subcommittee will
update the commission on its suggested application to the Nebraska
Department of Agriculture to designate Hall County as a Livestock
Friendly County. (Discussion only)
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Hall County Regional Planning
Commission
Wednesday, April 5, 2017
Regular Meeting
Item E1
Minutes 3-1-17
Staff Contact: Chad Nabity
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THE REGIONAL PLANNING COMMISSION OF HALL COUNTY, GRAND ISLAND,
WOOD RIVER AND THE VILLAGES OF ALDA, CAIRO, AND DONIPHAN,
NEBRASKA
Minutes
for
March 1, 2017
The meeting of the Regional Planning Commission was held Wednesday, March 1, 2017, in
the Council Chambers - City Hall – Grand Island, Nebraska. Notice of this meeting appeared
in the "Grand Island Independent" on February 18, 2017.
Present: Dean Sears Pat O’Neill
Les Ruge Carla Maurer
Hector Rubio Derek Apfel
Judd Allan Leonard Rainforth
Greg Robb
Absent: Jaye Monter, John Hoggatt, Dean Kjar
Other: Hall County Supervisor Karen Bredthauer, Merrick County Zoning
Administrator Jennifer Myers.
Staff: Chad Nabity, Tracy Overstreet Gartner.
Press: Austin Koeller, Grand Island Independent.
1.Call to order.
Chairman O’Neill called the meeting to order at 6:05 p.m.
O’Neill stated that this was a public meeting subject to the open meetings laws of the
State of Nebraska. He noted that the requirements for an open meeting are posted on
the wall in the room and easily accessible to anyone who may be interested in reading
them.
O’Neill also noted the Planning Commission may vote to go into Closed Session on
any agenda item as allowed by State Law.
The Commission will discuss and may take action on any item listed on this agenda.
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The order of items on the agenda may be reorganized by the Chair to facilitate the flow
of the meeting to better accommodate the public.
2. Minutes of the February 1, 2017 meeting.
A motion was made by Maurer and seconded by Apfel to approve the Minutes
of the February 1, 2017 meeting as sent.
The motion carried with 9 members in favor (Apfel, Allan, O’Neill, Ruge,
Maurer, Robb, Rainforth, Rubio and Sears), with no members abstaining or
voting no.
3.Request Time to Speak.
None.
4.Review – Landfill Siting – located north of Old Potash Highway and west of Alda
Road on nearly 57 acres at the former Cornhusker Army Ammunition Plant. (C-11-
2017HC)
Chairman O’Neill, as owner of the siting applicant O’Neill Wood Resources, recused
himself from the chambers and turned the meeting over to Secretary Ruge at 6:07 p.m.
Nabity explained that the Nebraska Department of Environmental Quality had received
an application from O’Neill Wood Resources for a construction and demolition landfill
at the Cornhusker Army Ammunition Plant. Per the Nebraska Local Siting Act for
landfills, planning commissions are to review the site and provide advice to the Hall
County Board, which is holding a May 2 public hearing and will consider a conditional
use permit request on the landfill.
Nabity said the proposed site is located in an AG-SI (Agriculture-Special Industrial)
zone which allows recycling yards as a conditional use. Nabity said the former
ammunition site has severe restrictions on no housing, so that lack of residential use
makes it a good site for a landfill. The construction and demolition landfill would not
have hazardous waste. It would be a site for waste materials such as wood, bricks,
concrete and shingles.
Attorney Stephen Mossman from Mattson Ricketts Law Firm in Lincoln spoke on
behalf of O’Neill Wood Resources. He said the Hall County board will consider six
siting criteria, but the Planning Commission only needs to provide advice. The
commission’s advice, which focuses on whether the land use is consistent with the
zoning regulations, will be part of the May 2 county board hearing, after which public
comment time will remain open for 30 days. Following the county board hearing and
decision on a local conditional use permit, the applicant advances to obtaining a Title
132 permit from Nebraska DEQ. Mossman answered questions about drainage, cell
size, cell slope and permit processing.
A motion was made by Robb and seconded by Apfel to recommend approval of the
local siting permit based on the zoning being consistent with the applied for use.
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The motion carried with 8 members voting in favor (Apfel, Allan, Ruge, Maurer, Robb,
Rainforth, Rubio and Sears) and no members voting no. O’Neill abstained and was not
present for the vote.
Consent Agenda
5.Final Plat – Isley Acres Subdivision – located south of One-R Road and east of
Engleman Road, in Hall County, Nebraska (1 lot and 8.88 acres)
6. Final Plat – Sterling Estates Ninth Subdivision – located south of Capital Avenue
and east of North Road, in the City of Grand Island, Hall County, Nebraska (2 lots and
7.2 acres)
A motion was made by Ruge and seconded by Maurer to approve the final plats of Isley
Acres Subdivision and Sterling Estates Ninth Subdivision.
The motion carried with 9 members voting in favor (Apfel, Allan, O’Neill, Ruge,
Maurer, Robb, Rainforth, Rubio and Sears) and no members voting no or abstaining.
7.Hall County Zoning Review Subcommittee (C-06-2017HC) – Nabity reported the
Hall County Zoning Study Committee met on February 9 and March 1 and a small
subcommittee met between those two meetings to begin reviewing a local version of a
livestock siting matrix. The matrix would be used primarily in siting livestock feeding
operations ranging from 1,001 to 5,000 animal units in size. The operations would be
required to meet Nebraska Department of Environmental Quality regulations and
certain setbacks, but would gain or lose points based on other factors of the operation,
such as waste management. Merrick County Zoning Administrator Jennifer Myers also
spoke briefly about the state version of the livestock siting matrix, which she helped
develop. The county zoning review committee is also working on developing a waiver
system so that a house or feeding operation could locate inside required setbacks
provided the affected owners signed off. Nabity said ag definitions are also being
updated, including the addition of a hoop house. He anticipates the proposed new
regulations will come back to the Regional Planning Commission for a report around
June. The commission can receive the report and forward any recommendations it has
on to the Hall County Board. Nabity said he believes the committee will also
recommend applying for Livestock Friendly status for the county at that same time.
While there is no direct financial incentive for that status, Nabity said it means having
Hall County included on a state list that is often reviewed by potential ag business
owners when considering expansion or new start-ups
11. Director’s Report – Nabity said the Nebraska Planning and Zoning
Association annual conference will be held in Kearney on March 8, 9 and 10.
Commissioners are invited to attend and the department will pay their
registration.
12. Next Meeting April 5, 2017.
13. Adjourn
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O’Neill adjourned the meeting at 6:39 p.m.
___________________________________________
Leslie Ruge, Secretary
By Tracy Overstreet Gartner
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Hall County Regional Planning
Commission
Wednesday, April 5, 2017
Regular Meeting
Item F1
Rezone in Cairo from R9 to R6
Staff Contact: Chad Nabity
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Agenda Item #4
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING
COMMISSION:
March 27, 2017
SUBJECT:Zoning Change (C-12-2017C)
PROPOSAL:To rezone all of Robinson Estates Subdivision in Cairo, Nebraska from
R9-Single-Family Residential to R6- Multi-family Residential. Robinson Estates
Subdivision is located between Oasis Street and Syria Street on both sides of the platted
extension of Suez Street in the municipal limits of the Village of Cairo.
OVERVIEW:
Site Analysis
Current zoning designation:R9- Single-Family District
Permitted and conditional uses:R9- Residential uses on 9,000 square foot lots,
schools, churches and parks
Comprehensive Plan Designation:Residential
Existing land uses.Vacant lots
Adjacent Properties Analysis
Current zoning designations:North: R6-Multi-family Residential District
South West and East: R9- Single-Family District
Permitted and conditional uses:R6-Residential uses on 6,000 square foot lots,
schools, churches and parks R9- Residential uses
on 9,000 square foot lots, schools, churches and
parks
Comprehensive Plan Designation:All Directions: Single Family Residential
Existing land uses:North: Residential
East: Residential and commercial
West: Residential
South: Mobile Home Park
EVALUATION:
When the Robinson Estate Subdivision was originally approved in late 1995 it was
zoned R6 in the Village of Cairo. Twice since then, Cairo has adopted a new zoning map
and regulations, following completion of a comprehensive development plan and revised
zoning regulations. The R6 district as now proposed is very close to the original R6
zoning district that was in place at the time of the subdivision’s original approval.
Because of the size and shape of the lots in this subdivision, it is appropriate to consider
changing them back to the R6 zoning district.
Positive Implications:
Consistent with the Cairo Comprehensive Plan: This property is planned for
residential development.
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Is adjacent to a similar use in Residential Zones: This is an extension of the R6
zoning district and the property was originally zoned R6 at the time Robinson Estates
Subdivision was approved in 1995. The extension of similar uses to this area of the
community would be beneficial to the community and consistent with existing
development.
1996 Zoning Map, Cairo Nebraska
More Housing Opportunities for Cairo: Development of this property will provide
additional housing options in Cairo.
Negative Implications:
None Foreseen:
RECOMMENDATION:
That the Regional Planning Commission recommend that the Cairo Village Board
change the zoning on this site from R9 Single-Family Residential Zone to R6- Multi-
family Residential Zone.
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Cairo F\uture Landuse Map from 2004 Comprehensive Plan
___________________ Chad Nabity AICP, Planning Director
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HIGH STSUEZ STSYRIA ST W
OASIS ST
MECCA ST W
BERBER STSYRIA ST E
MECCA ST E
OASIS PLR-9
R-6
TA
GC
TA
Scale : NONE
C-12-2017C
¬
ProposedR9 to R6 Zone
Area that is requested for rezoning
( SEE MAP )
Proposed Zoning
R9 - Single-Family Residential Zone
to R6 - Multiple-Family Residential Zone
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Hall County Regional Planning
Commission
Wednesday, April 5, 2017
Regular Meeting
Item F2
Wood River Zoning Text Amendment
Staff Contact: Chad Nabity
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ChadN Last printed 3/30/2017 1:21:00 PM Page 1
Agenda Item # 5
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING
COMMISSION:
March 24, 2017
SUBJECT:
Concerning amendments to the Zoning Ordinance for the City of Wood River
and its 1 mile extra-territorial jurisdiction. Amendments to be considered
pertain to the addition of Dwelling Units as a permitted use in the BGC
Central General Business District, §5.11.02 (C-13-2017WR))
PROPOSAL:
The City of Wood River has had zoning regulations since 1972. The latest full
update was completed and approved in 2004. A variety of minor changes have
been approved since that time. The Wood River City Council has submitted a
request for a recommendation on whether to specifically allow dwelling units as a
permitted use in their Central General Business District Zone. The propose
changes are highlighted below.
All areas with changes are highlighted. Additions are Italicized and underlined
and deletions are in strike out.
Section 5.11 BGC Central General Business District
5.11.01 Intent: The (BGC) Central General Business District is intended to provide for commercial
development within the existing downtown area of Wood River that will benefit the retail trade,
business, cultural, and social activities of the entire community.
5.11.02 Permitted Uses:
1 Business and professional services including: attorneys, banks, insurance, real estate,
offices, postal stations, printing, credit services, security brokers, dealers and exchange,
title abstracting, savings and loans, finance services and investment services; but not
including uses defined in Adult Establishment.
2 Dance studio, not including uses defined in Adult Establishment.
3 Meeting hall, not including uses defined in Adult Establishment.
4 Retail business or service establishment supplying commodities or performing services at a
small scale, such as, or in compatibility with and including the following:
a Apparel shop.
b Appliance store.
c Antique store.
d Automobile parts supply store, not including repair or service facilities.
e Bakery shop.
f Barber and Beauty shop.
g Bookstore, not including uses defined in Adult Establishment.
h Clothing and tailoring shops.
i Communication services.
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j Computer store.
k Drug stores and prescription shops.
l Floral shop and commercial greenhouses.
m Furniture store or showroom.
n Gift and curio shop.
o Grocery store.
p Hardware store.
q Hobby, craft, toy store.
r Indoor amusement and entertainment establishment, including bowling alleys
and movie theaters, not including uses defined in Adult Establishment.
s Laundry and dry cleaning pick-up and delivery stations.
t Liquor store.
u Newsstands, not including uses defined in Adult Establishment.
v Photography studio.
w Picture framing shop.
x Restaurants.
y Second hand stores.
z Shoe store.
aa Tanning salon.
bb Variety store, not including uses defined in Adult Establishment.
cc Video store, not including uses defined in Adult Establishment.
dd Telephone exchange.
ee Telephone answering service.
ff Dwelling Unit
5.11.03 Permitted Conditional Uses:
1.Automobile parking lot.
2.Automobile sales and service facilities, including tire sales and installation.
3.Business or professional school.
4.Car wash.
5.Churches, temples, seminaries, and convents including residences for teachers and
pastors.
6.Convenience store with limited fuel sales.
7.Dance club, not including uses defined in Adult Establishment.
8.Dry cleaners and establishments (not over two-thousand (2,000) square feet in floor area)
with one dry cleaning unit having a capacity not to exceed 35 pounds per cycle using
nonflammable or non-explosive solvents.
9.Exercise, fitness and tanning spa, not including uses defined in Adult Establishment.
10.Frozen food locker.
11.Garden supply and retail garden center.
12.Gas station.
13.Liquor store.
14.Lumber yard, home improvement center.
15.Outdoor advertising signs.
16.Tavern and cocktail lounge, not including uses defined in Adult Establishment.
17.Veterinarians’ offices and hospitals, and boarding kennels, provided that no structure or
building used to house horses or other animals is located closer than one-hundred feet
(100’) to any residential use.
5.11.04 Accessory Uses
1.Buildings and uses customarily incidental to the permitted uses.
2.Parking pursuant to Sections 7.02 through 7.05.
3.Signs pursuant to Sections 7.06 through 7.08.
4.Temporary buildings and uses incidental to construction work, which will be removed
upon completion or abandonment of the construction, work.
5.Landscaping pursuant to Section 7.15.
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ChadN Last printed 3/30/2017 1:21:00 PM Page 3
5.11.05 Height and Lot Requirements: The height and minimum lot requirements shall be as follows:
Use Lot Area Lot Width Front Yard Side Yard Rear Yard Max.
Height
Permitted Uses ---***60 feet
Permitted Conditional Uses ---***60 feet
Accessory Buildings ---***-
*None, except that when adjacent to any district requiring a side yard, the side yard setback shall be ten feet (5’).
**Ten feet (10’), except that when adjacent to any residential district, the rear yard setback shall be twenty-five feet (25’).
5.11.06 Use Limitations:
1 When adjacent to any residential district, no parking, drives or signs shall be allowed in the
required front yard within fifteen feet (15’) of such residential district.
2 When adjacent to any residential district, new construction shall provide a six foot (6’) high
permanent screen in order to minimize impacts on residentially zoned property, pursuant
to Section 7.13.
3 No outdoor storage, except the display of merchandise for sale to the public, shall be
permitted.
4 Exterior lighting fixtures shall be shaded so that no direct light is cast upon any residential
property and so that no glare is visible to any traffic on any public street.
5 When adjacent to an alley, the width of the alley shall be included in computing the
minimum rear yard setback.
OVERVIEW:
The BGC zoning district is located north of the UPRR tracks and bounded on the
west by Marshall Street and West Street and generally located south of the alley
between Tenth and Eleventh Streets. A map of the BGC zoning district is
attached.
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ChadN Last printed 3/30/2017 1:21:00 PM Page 4
This zoning district has traditionally had a mix of commercial and residential,
especially at the edges of the district near the R6 residential zone. The proposed
changes would allow residential development similar to the existing development.
RECOMMENDATION:
That the Regional Planning Commission recommend that the Grand Island
City Council approve the changes to the Wood River Zoning Ordinance as
requested.
___________________ Chad Nabity AICP, Planning Director
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Hall County Regional Planning
Commission
Wednesday, April 5, 2017
Regular Meeting
Item M1
Meadowlark West 10th Subdivision
Staff Contact: Chad Nabity
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Hall County Regional Planning
Commission
Wednesday, April 5, 2017
Regular Meeting
Item M2
Mike Dobesh Sub
Staff Contact: Chad Nabity
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Hall County Regional Planning
Commission
Wednesday, April 5, 2017
Regular Meeting
Item 1
Hall County Zoning Review Subcommittee Report-Primary Ag
and Matrix
Staff Contact: Chad Nabity
Grand Island Regular Meeting - 4/5/2017 Page 33 / 76
Agenda Item # 8.a.
PLANNING DIRECTOR MEMO TO REGIONAL PLANNING
March 28, 2017
SUBJECT: Proposed changes regarding livestock operations in Hall County.
In January of 2017 the Hall County Regional Planning Commission appointed a committee to review livestock
zoning regulations within Hall County. The committee was composed of five planning commissioners - all four of
those appointed by Hall County, Pat O’Neill, Len Rainforth, Judd Allan, and Greg Robb, and Les Ruge of Alda,
who was appointed in 1990 and is the longest-serving planning commissioner. The Planning Commission
requested that the Hall County Board assign one or two members of the board to the committee as well and
Steve Schuppan and Karen Bredthauer were appointed. The committee began meeting in the latter part of
January and has met several times since then to review the A-1 zoning regulations, livestock definitions, livestock
operation siting matrix as developed for the Nebraska Department of Agriculture (NDA) and the Livestock Friendly
County designation through the Nebraska Department of Agriculture.
The committee began with a review of the current Hall County agriculture regulations and a comparison of those
regulations with regulations from the surrounding counties. It was concluded that Hall County’s regulations,
allowing 1,000 animal units as a permitted use on a farming operation were less strict than Adams, Buffalo and
Howard Counties. Hamilton County regulations do not provide any guidance regarding the size of operation and
Merrick County regulations would permit 2,500 animal units without a conditional use permit. Hamilton, Merrick,
Howard and Adams counties have all been designated as Livestock Friendly by the Nebraska Department of
Agriculture.
The ag zoning regulation changes as proposed add a localized version of the Livestock Siting Matrix into the
decision-making process. They also add another size category to the livestock operation mix, as well as
addressing newer confinement technologies, such as hoop buildings. The committee did review the Nebraska
Department of Agriculture definitions of types of feeding operations based on the manure management and the
setbacks proposed by the NDA. The committee is recommending that Hall County continue to divide Livestock
Feeding Operations (LFOs) by open lots and environmentally-controlled housing. The committee is
recommending that the separation distances between LFOs and other uses remain as they are in the current
regulations with the addition of an intermediate class of operation splitting the 1,001 to 5,000 into 1,001 to 3,000
and 3,001 to 5,000. The required separation for a 1,001 to 3,000 unit open lot would be 3/8th of a mile (1,980 ft.)
as opposed to ½ mile (2,640 ft.) The required separation for environmentally-controlled housing would remain the
same for all classes.
The Livestock Siting Matrix is a major change to the regulations. As proposed, the LFO Class II and above (1,001
animal units or more) would need to score at least 75 points to be considered as a permitted use. The first 25
point would come from approval and compliance with Nebraska Department of Environmental Quality (NDEQ)
permits and regulations that apply to all LFOs with more than 1,000 animal units. The second 25 points would
come from meeting the county separation distances or having impact easements that waive the separation
distance. Those 50 points would be required. The other 25 points would be based on management practices
including, but not limited to, environmental compliance, water quality protection, odor and dust control, manure
application practices, traffic, economic impact and aesthetics.
Another significant change that has been suggested is that the county would recognize impact easements that
could be agreed upon by all property owners that would allow feeding operations to locate closer to a neighboring
use than the regulations would allow or allow a house to locate closer to a feeding operation than would otherwise
be allowed. The Nebraska courts have validated these mutually agreed upon impact easements for livestock
operations.
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The purpose of introducing these proposed changes to the planning commission tonight is to open the public
dialog on the proposals. We are inviting public comment from producers, rural residents and any other interested
parties to comment on the proposed changes prior to bringing them forward for a public hearing.
____________________ Chad Nabity AICP, Planning Director
Grand Island Regular Meeting - 4/5/2017 Page 35 / 76
Hall County Zoning Review Subcommittee
Meeting Minutes
Wednesday, March 1, 2017
Community Meeting Room, Grand Island City Hall
Present: Hall County Supervisors Steve Schuppan and Karen Bredthauer; Hall County Planning
Commissioners Leslie Ruge, Greg Robb, Leonard Rainforth and Judd Allan; Regional Planning Director
Chad Nabity; Merrick County Zoning Administrator Jennifer Myers.
Absent: Hall County Facilities and Zoning Administrator Loren “Doone” Humphrey.
Livestock Siting Matrix – Nabity opened the meeting at 5:15 p.m. and introduced Merrick County Zoning
Administrator Jennifer Myers, who helped with the livestock siting matrix prepared for the Nebraska
Department of Agriculture. Nabity said he met with Robb and Schuppan as a small group to begin
modifying the state matrix for local use. One change they made was to make the setbacks and
Department of Environmental Quality sections required. Other categories serve as areas to gain or lose
points. Projects that meet setbacks and DEQ sections, plus reach 75 points or above would be granted a
special use permit by the county. A conditional use permit would only be required for those projects in
excess of 5,000 animal units, along with compliance with the matrix. Robb said he is organizing a
meeting with county livestock producers to share the matrix concept with them. The committee is
working on language for a waiver to setbacks – meaning that if an operation wanted to locate closer to a
house than setbacks allow, the operation could go in if the home owner signed a waiver. Robb
requested that the waiver also work the other way – that a home could be built closer than setbacks
allow to an operation if the livestock operation consented. Robb said that can occur particularly if the
livestock operator or their direct family members chose to build a house nearby the business. Myer said
Merrick County has used waivers around recently located chicken barns for the Hendrix Hatchery
project. Protection easements are filed around the barns. The language was prepared by the Legal
Department and then filed with the Register of Deeds in Merrick County. The committee discussed the
need to measure distance from a house to a barn (not the lot lines), that any house used for measuring
be a habitable house and they said any waiver would need to address the size of the operation
consented to. The committee also discussed other potential buffer areas, such as around recreation
areas, parks, historical landmarks or cemeteries. Nabity then presented an update to portions of the Hall
County zoning regulations that would match the matrix changes – including some added definitions such
as for a hoop house and nonfarm residents.
Meeting adjourned at 6:00 p.m.
Documents handed out at the meeting were:
-Nebraska Animal Feeding Operation Siting Matrix as modified to the 3-1-17 draft for local use.
-Hall County Zoning Regulations as modified to the 3-1-17 draft of definitions, general regs and
provisions for A-1 Primary Agriculture District.
Respectfully submitted,
Tracy Overstreet
Planning Administrative Assistant
Grand Island Regular Meeting - 4/5/2017 Page 36 / 76
Hall County Zoning Review Subcommittee
Meeting Minutes
Tuesday, March 21, 2017
Fishbowl, Grand Island City Hall
Present: Hall County Supervisors Steve Schuppan and Karen Bredthauer; Hall County Planning
Commissioners Greg Robb, Leonard Rainforth, Judd Allan and Chairman Pat O’Neill; Regional Planning
Director Chad Nabity; and Randy Stueven, who was appointed to the committee March 8 by Hall County
Board Chairwoman Pam Lancaster.
Absent: Hall County Facilities and Zoning Administrator Loren “Doone” Humphrey, Planning
Commissioner Les Ruge.
Report out from Nebraska Planning and Zoning Association Conference (NPZA) – Nabity opened the
meeting at 5:15 p.m. He attended the March 8-10 conference in Kearney. Other commissioners who
attended sessions at the conference were O’Neill, Allan and Rainforth. Nabity, O’Neill and Bredthauer
attended sessions on the livestock siting matrix.
Wind Rose/ Odor Risk Scoring – Nabity handed out graphics of two livestock feeding operation siting
concepts that were discussed at the NPZA conference. One is an Odor Risk Scoring Region developed by
the Nebraska Department of Agriculture that forms concentric circles around a livestock operation. The
setbacks are equal on all side and are based on both the number of animal units and the type of manure
management system – solid manure, semi-solid/combination or liquid manure system. The second
concept is the wind rose, which is prepared by the High Plains Regional Climate Center. It uses wind
direction to determine setbacks with the goal of 94 percent odor-free days. Nabity said the wind rose is
a more accurate and scientific method, but it is more confusing and likely more challenging to regulate.
Stueven said he is against 94 percent odor reduction. Stueven said it’s a rural area, people should deal
with it. Nabity asked the committee if it wanted to switch to the state manure system definitions and
setbacks or stay with the local definitions of confinement, environmentally controlled housing, hoop
houses and the setbacks based on the livestock siting matrix the committee has been working on since
January. Robb said he preferred staying with the matrix and committee’s proposed definitions, which he
finds to be more clear. Robb said the state’s definition on mixed/semi-solid manure systems is murky.
Nabity said the mixed/semi-solid definitions are more pertinent to dairy operations. Schuppan said Hall
County hasn’t dealt with dairies and he doesn’t anticipate they will – but those definitions could be
added in later if needed. Schuppan also preferred to stick with the committee’s definitions and the
matrix modified for local use. Allan said the local proposal is more black and white. Nabity recapped that
the local proposal for open feedlots is for a setback of 1,320 feet for 1,000 and less animal units, 1,980
feet for 1,000 to 3,000 animal units, 2,640 feet for 3,001 to 20,000 animal units. After 20,001 animal
units, the local setback increases to 3,960 feet. For environmentally-controlled operations, the setbacks
are 1,320 for 1,000 and less animal units, 5,280 for 1,001 to 20,000 and then to 7,920 for more than
20,000 animal units. Nabity said the setbacks are measured from where a house is located and the edge
of the feeding operation, not from property lines. Schuppan said the local proposal is more restrictive
than the state’s guidelines for livestock feeding operations, but less restrictive than neighboring
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counties, many of which have livestock friendly designations. Schuppan said he’d like to see the
proposed matrix and ag zoning changes be brought forward along with an application for a livestock
friendly designation for Hall County. Stueven said he is opposed to the livestock friendly designation as it
may result in giving up local control. He said the designation may result in entitlements for agriculture
and it may be detrimental to the growth of rural residences, which are needed to lessen the property
tax burden. O’Neill said he favors rural residential development, but not at the expense of agriculture.
O’Neill said both can exist. He said any major changes or review of rural residential guidelines might best
be handled by the county hiring a consultant to update the comprehensive plan. O’Neill wants the
committee to finish the ag zoning review and livestock friendly application - likely within the next 30 to
60 days. Stueven again expressed concerns about giving up local control. Nabity and O’Neill pointed out
that the livestock friendly program is administered by the Nebraska Department of Agriculture with
promises of no loss of local control. They said counties are encouraged to adopt regulations that fit their
county and then submit those proposals to the Department of Agriculture for acceptance. Bredthauer
said the livestock friendly program states that a county can withdraw in the future by simple request.
Robb said he sees no loss of local control – and in fact sees a benefit in being listed as a livestock friendly
county from a marketing and economic development standpoint. Schuppan said the Grand Island Area
Economic Development Corp. has asked the county to consider filing for the livestock friendly
designation because some large companies call the state economic development office and request a
list. If Hall County isn’t on the list, it may be bypassed for a business expansion or relocation. With a
growing number of livestock shows being recruited into the Nebraska State Fair Grounds, the
designation would be a nice marketing tool too. Stueven asked for proof that a livestock friendly
designation is advantageous to a county. O’Neill said the designation is similar to a gold-star rating.
Stueven feared a livestock friendly designation would give feeders license for automatic expansions and
that the only way the county could prevent the expansions would be through showing a justified
environmental risk analysis. Schuppan said the committee has spent a lot of time going through the
matrix and working on updates. Stueven said he has no problem with the matrix, but a designation as
livestock friendly would deny opportunities for rural subdivisions that could help grow tax base for
Northwest Public Schools. Bredthauer said 3-acre lots could be subdivided along One-R Road to aid in
valuation for Northwest. Nabity said any rural residential policies will need to be made with all school
districts in mind, not one. Stueven said all the school districts in Hall County could benefit from
additional residential growth. Nabity distributed a map showing the school district territories in Hall
County, as well as floodplain areas and where roads are paved or gravel. There are few areas outside the
floodplain and along paved roads in the Northwest school district territory in Hall County. Nabity said it
is a good time to complete the ag updates. The committee will meet again to finalize the ag policies to
bring to the Planning Commission for a recommendation.
Meeting adjourned at 6:17 p.m.
Documents handed out at the meeting were:
-AFO Siting/Odor Risk Scoring Regions (graphic.)
-Wind rose for Grand Island, NE Annual 1996-2012 (graphic from High Plains Regional Climate
Center.)
-School districts in Hall County with 100-year floodplain, GI zoning jurisdiction and CAAP (map.)
Grand Island Regular Meeting - 4/5/2017 Page 38 / 76
Respectfully submitted,
Tracy Overstreet
Planning Administrative Assistant
Grand Island Regular Meeting - 4/5/2017 Page 39 / 76
ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
HALL COUNTY, NEBRASKA
ZONING RESOLUTION
A resolution, consistent with the Comprehensive Development Plan, Adopted for the purpose of promoting health,
safety, morals, convenience, order, prosperity, and welfare of the present and future inhabitants of Hall County,
Nebraska, to regulate and restrict the location, height, bulk, number of stories, size of buildings and other
structures, including tents, cabins, house trailers, and automobile trailers; the percentage of lot areas which may be
occupied, building setback lines; size of yards, courts, and other open spaces; the density of population; the uses of
buildings; and the uses of the land for agriculture, forestry, recreation, residence, industry, and trade, after
considering factors relating to soil conservation, water supply conservation, surface water drainage and removal, or
other uses; to divide the County into districts of such number, shape, and area as may be best suited to carry out the
purposes of this resolution to regulate, restrict, or prohibit the erection, construction, reconstruction, alteration or
use of non-farm buildings or structures, and the use, conditions of use or occupancy of land in the unincorporated
areas of the County; to provide for the adoption of a zoning map; to provide for a board of adjustment, its members,
powers, and duties; to provide for off-street parking and loading area requirements; to provide for conditional uses
by conditional use permit; to provide for the proper subdivision and development of land, as provided in the
Subdivision Regulations; to provide for non-conforming uses, to provide for the administration and the
enforcement of these provisions, and for the violations of its provisions and the prescribed penalties, and including
among others such specific purposes as:
(1)Developing both urban and non-urban areas;
(2)Lessening congestion in the streets or roads;
(3)Reducing the waste of excessive amounts of roads;
(4)Securing safety from fire and other dangers;
(5)Lessening or avoiding the hazards to persons and damage to property resulting from the
accumulation or run-off of storm or flood waters;
(6)Providing adequate light and air;
(7)Preventing excessive concentration of population and excessive and wasteful scattering of
population or settlement;
(8)Promoting such distribution of population, such classification of land uses, and such distribution
of land development as will assure adequate provisions for transportation, water flowage, water
supply, drainage, sanitation, recreation, soil fertility, food supply, and other public requirements;
(9)Protecting the tax base;
(10)Protecting property against blight and depreciation;
(11)Securing economy in governmental expenditures;
(12)Fostering the County's agriculture, recreation, and other industries;
(13)Encouraging the most appropriate use of land in the County; and
(14)Preserving, protecting, and enhancing historic buildings, places, and districts, all in accordance
with the comprehensive plan.
WHEREAS Nebraska Revised Reissued Statutes, 1943, Sections 23-114 through 23-114.05 and 23-164 through
23-174.06 as amended, empowers the County to adopt a zoning and subdivision resolution and to provide for its
administration, enforcement, and amendment; and
WHEREAS, the Hall County Board of Supervisors deem it in the interest of the public health, safety, morals,
convenience, order, prosperity, and welfare of said County and its present and future residents; and
WHEREAS, the Hall County Board of Supervisors has adopted a Comprehensive Development Plan pursuant to
Neb. R. R. S. 1943, Sections 23-114 through 23-114.03, as amended, and known as Hall County Comprehensive
Development Plan, 2003, as amended; and
WHEREAS, the Hall County Planning Commission has recommended the division of the unincorporated areas of
the County into districts and recommended regulations pertaining to such districts consistent with the adopted
Comprehensive Development Plan based on a future land use plan designed to lessen congestion on roads and
highways, to secure safety from fire, panic and other dangers, to provide adequate light and air, to prevent the
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ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
overcrowding of land, to avoid undue concentration of population, to conserve agricultural land and values, to
facilitate sewerage, schools, parks, and other public needs; and
WHEREAS, the County Planning Commission has given reasonable consideration, among other things, to the
prevailing agricultural and rural characteristics now predominant in the County, to the character of the districts and
their peculiar suitability for the particular permitted uses, with a reasonable understanding of the objective to
conserve the value of lands and improvements while encouraging the development of the most appropriate uses of
land throughout the County; and
WHEREAS, the County Planning Commission has made a preliminary report, held public hearings, submitted its
recommended final report to the County Board of Supervisors; and the County Board of Supervisors have given
due public notice of hearings relating to the Comprehensive Development Plan, to the zoning districts, regulations,
subdivision regulations, and restrictions, and has held such public hearing; and
WHEREAS, The County Board of Supervisors have deemed it necessary to adopt the Comprehensive Development
Plan, the zoning districts, regulations, subdivision regulations, and restrictions for the purpose of the conservation
of the existing rural agricultural developments and land uses, of providing for the harmonious development and
orderly expansion of urban areas radiating outwardly from existing rural communities, for the orderly extension and
planned arrangements of county roads, utilities, for adequate sanitary facilities, for safe and health drinking water,
and for reducing flood damage potentials; and
WHEREAS, the requirements of Neb. R.R.S. 1943, Section s 23-114 through 23-124.05, Sections 23-164 through
23-174, and Section 23-174.02, as amended, with regard to the recommendations of the Planning Commission, the
Comprehensive Development Plan, the zoning districts, regulations, subdivision regulations and restrictions and the
subsequent action of the County Board of Supervisors have been met;
NOW THEREFORE BE IT RESOLVED BY THE COUNTY BOARD OF SUPERVISORS OF HALL COUNTY,
NEBRASKA.
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ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
Definitions
2.03.09 ACREAGE shall mean any tract or parcel of land that does not qualify as a farm or development.
2.03.23 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.
2.03.24 AGRICULTURAL OPERATIONS (see “Farming”)
2.03.25 AGRICULTURE shall mean the use of land for agricultural purposes, of obtaining a profit by raising,
harvesting, and selling crops or by the feeding, breeding, management, and sale of, or the produce of,
livestock, poultry, fur-bearing animals, or honeybees, or for dairying and the sale of dairy products, or any
other agricultural or horticultural use. Agricultural use shall not be construed to include any parcel of land
of less than twenty acres or any non-agricultural commercial or industrial development.
2.03.79 BUFFER ZONE shall mean an area of land that separates two zoning districts and/or land uses that acts
to soften or mitigate the effects of one use on the other.
2.03.92 CEMETERY shall mean land used or intended to be used for the burial of the dead and dedicated for
such purposes, including columbariums, crematoriums, and mausoleums.
2.03.104 COMMERCIAL FEEDING OPERATION (See Livestock Feeding Operation)
2.03.112 COMPATIBLE USES shall mean a land use that 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.
2.03.114 CONDITIONAL USE shall mean a use allowed by the district regulations that would not be appropriate
generally throughout the entire zoning district without special restrictions. However, said use 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.
2.03.115 CONDITIONAL USE PERMIT shall mean a permit issued by the Planning Commission and County
Board that authorizes the recipient to make conditional use of property in accordance with the provisions
of Article 5 and any additional conditions placed upon, or required by said permit.
2.03.117 CONFINED ANIMAL FEEDING OPERATION, LARGE shall mean an farming operation which
meets the following minimum numbers:
700 mature dairy cows 125,000 chickens except laying hens (other than
liquid manure handling system)
1,000 beef cattle or heifers 82,000 laying hens (other than liquid manure
handling system)
2,500 swine (each 55lbs or more)1,000 veal calves
10,000 swine (each under 55 lbs.)500 horses
30,000 ducks (other than liquid manure handling
system)
10,000 sheep
5,000 ducks (liquid manure systems)55,000 turkeys
30,000 chickens (liquid manure systems)
Any combination of animals shall follow the definition of Animal Units in order to establish the intensity
of Confined Animal Feeding Operation
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ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
2.03.122 CONFINED ANIMAL FEEDING OPERATION, MEDIUM shall mean an farming operation which
meets the following minimum numbers:
200 mature dairy cows 37,500 chickens except laying hens (other than
liquid manure handling system)
300 beef cattle or heifers 25,000 laying hens (other than liquid manure
handling system)
750 swine (each 55lbs or more)300 veal calves
3,000 swine (each under 55 lbs.)150 horses
10,000 ducks (other than liquid manure handling
system)
3,000 sheep or lambs
1,500 ducks (liquid manure systems)16,500 turkeys
9,000 chickens (liquid manure systems)
Any combination of animals shall follow the definition of Animal Units in order to establish the intensity
of Confined Animal Feeding Operation
2.03.123 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.
2.03.124 CONFLICTING LAND USE shall mean the use of property that transfers over neighboring property
lines, negative economic or environmental effects. Including, but not limited to, 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.
2.03.135 DAIRY FARM shall mean any place or premises upon which milk is produced for sale or other
distribution.
2.03.170 ENVIRONMENTALLY CONTROLLED HOUSING shall mean any livestock operation meeting the
definition of a Livestock Feeding Operation (LFO) and is contained within a building which is roofed, and
may or may not have open sides and contains floors which are hard surfaced, earthen, slatted or other type
of floor. The facility is capable of maintaining and regulating the environment in which the livestock are
kept. Does not include Hoop Houses with dry bedding.
2.03.179 FARM shall mean an area containing at least 20 acres or more which is used for growing of the usual
farm products such as vegetables, fruit, and grain, and the storage on the area, as well as for the raising
thereon of the usual farm poultry and farm animals. The term farming includes the operating of such area
for one or more of the above uses with the necessary accessory uses for treating or storing the produce and
the feeding of livestock as hereinafter prescribed; provided such accessory uses do not include the feeding
of garbage or offal to swine or other animals.
2.03.180 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.
2.03.181 FARMSTEAD, In contrast to a farmstead dwelling, a tract of land of not less than one (1) acre and not
more than 20 acres, upon which a farm dwelling and other outbuildings and barns existed at the time of the
adoption of this resolution and was used for single-family resident purposes.
2.03.182 FEED LOT shall mean the confinement of horses, sheep, pigs, and other food animals in buildings, lots,
pens, pools or ponds which normally are not used for raising crops or for grazing animals.
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ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
HOOP HOUSE shall mean a temporary or permanent structure typically constructed with, but not limited to,
piping or other material covered with translucent material. Hoop houses are typically used for the purpose of growing
food, ornamental crops and livestock, but not for storage of inorganic materials. A hoop house for raising livestock
that uses a dry bedding systems shall be treated as an open feed lot. A hoop house for raising livestock with a slatted
floor, deep pit or other liquid manure management system shall be treated as environmentally controlled housing."
IMPACT EASEMENT shall mean an easement or deed restriction recorded in the office of the County
Register of Deeds. Impact easements shall run with the land. Impact easements are an agreement between
property owners where the grantor shall hold the grantee harmless for odor, smoke, dust, or other legal
impacts associated with such use on the grantor’s property when such use is operated in accordance with
the terms of such easement or deed restriction. Eg. The owner of a home may grant an impact easement to
a Livestock Feeding Operation allowing the operation to expand or locate closer to the home than
permitted by the County regulations. Conversely, the owner of a Livestock Feeding Operation may grant
an impact easement to allow the construction of a house within the separation distance required between
the feeding operation and a new residential structure under different ownership than the feeding operation.
2.03.233 LAGOON shall mean a wastewater treatment facility that is a shallow, artificial pond where sunlight,
bacterial action, and oxygen interact to restore wastewater to a reasonable state of purity. This includes
both human and livestock wastes. All lagoons shall meet the minimum design criteria established by the
Nebraska Department of Environmental Quality and the Nebraska Department of Health and Human
Services. All lagoons shall have the proper permits approved prior to starting construction.
2.03.239 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.
2.03.240 LIQUID MANURE STORAGE PITS shall mean earthen or lined pits wholly or partially beneath a semi
or totally housed (ECH) livestock operation or at some removed location used to collect waste production.
2.03.241 LIVESTOCK (See Animals, Farm)
2.03.242 LIVESTOCK FEEDING OPERATION (LFO) shall mean any farming operation exceeding the per
acre Animal Unit (A.U.) ratio as defined under “farming” or the feeding, farrowing, or raising 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 three 300 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 LFO's under common ownership are deemed to be a single LFO if they are
adjacent to each other or if they utilize a common area of system for the disposal of livestock wastes.
Animal Units (A.U.) are defined as follows:
One (1) A.U.= One (1) Cow/Calf combination;
One (1) A.U.= One (1) Slaughter, Feeder Cattle;
One (1) A.U.= One-half (1/2) Horse;
One (1) A.U.= Seven Tenths (.7) Mature Dairy Cattle;
One (1) A.U.= Two and One Half (2.5) Swine (55 lbs or more);
One (1) A.U.= Twenty Five (25) Weaned Pigs (less than 55 lbs);
One (1) A.U.= Two (2) Sows with Litters;
One (1) A.U.= Ten (10) Sheep;
One (1) A.U.= One Hundred (100) Chickens;
One (1) A.U.= Fifty (50) Turkeys;
One (1) A.U.= Five (5) Ducks.
LIVESTOCK SITING MATRIX shall mean the matrix attached to this zoning resolution as APPENDIX
?/ARTICLE ? as adopted by the Hall County Board of Supervisors for the purposed of determining if a new or
existing livestock operation in classes II, III, IV and V should be allowed to or considered for expansion or
construction.
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ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
2.03.243 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 product.
2.03.282 NON-FARM BUILDINGS are all buildings except those buildings utilized for agricultural purposes on a
farmstead of twenty acres or more which produces one thousand dollars or more of farm products each
year.
NON-FARM RESIDENCE any residential dwelling not located on a farm.
2.03.289 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.
2.03.309 POULTRY, COMMERCIAL FEEDING shall mean a poultry commercial feed lot, whether the
confined feeding operations are enclosed or outdoors.
2.03.438 WASTE HANDLING SYSTEM shall mean any and all systems, public or private, or combination of
said structures intended to treat human or livestock excrement and shall include the following types of
systems
1.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, generally
receiving runoff from open lots and contributing drainage area.
2.Lagoon shall mean an impoundment made by constructing an excavated pit, dam, embankment
or combination of these for treatment of liquid livestock waste by anaerobic, aerobic or
facultative digestion. Such impoundment predominantly receives waste from a confined livestock
operation.
3.Liquid manure storage pits shall mean earthen or lined pits located wholly or partially beneath
a semi or totally housed livestock operation or at some removed location used to collect waste
production.
4.Sediment shall mean a pond constructed for the sole purpose of collecting and containing
sediment.
2.03.439 WASTEWATER LAGOON (See Lagoon)
2.03.440 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.
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ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
Article 3: General Regulations
Section 3.23 Building Setback
1.The building setback lines shall be determined by measuring the horizontal distance from the property
line to the furthest architectural projection of the existing or proposed structure.
All new non-farm residences shall locate no less than at the corresponding distances provided in Section 4.02.08
from an Existing Agricultural Operation or LFO with more than 100 animal units located in any affected adjacent
Zoning District.
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ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
Section 4.02: A-1 Agricultural – Primary District
4.02.01 Intent
The A-1 Agricultural 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 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 uses to the economy of the area for 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 A-1 Agricultural 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 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 for 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 district and are appropriate to other property in the
area.
The nature of the A-1 Agricultural 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 districts, and it is not intended that the A-1 Agricultural District regulations afford such
services, amenities and protection to residential uses located therein.
4.02.01 Permitted Principal Uses
The following principal uses are permitted in the Agriculture A-1 District.
A Agricultural operations, and the usual agricultural and farm buildings and structures, including
the residences of the owners and their families and any tenants and employees who are engaged in
agricultural operations on the premises.
1.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
certified as required by law.
2.The spreading of manure by a “Farming” Operation. (as defined in Article 2 of this Resolution)
3.Agricultural operations having up to 1,000 A.U.’s are considered a farm and are permitted by
right, provided other requirements in this district are met and submission of a no-fee livestock
registration permit to the Hall County Regional Planning Director is done.
4.Operations having up to 1,000 animal units shall locate at least 1,320 feet from a platted
residential area, Public Park, recreational area, church, cemetery, religious area, school, historical
site, and Residential District.
5.Mobile homes are permitted only when the land is used or intended to be used only for
agricultural operations. All mobile homes require a special one- (1) year permit which must be
renewed annually and which shall be subject to the conditions of the permit.
B Ranch and farm dwellings, subject to Section 4.02.08.
C Recreational camps, parks, playgrounds, golf courses, country clubs, tennis courts, riding academies and
other similar recreational uses.
D Single family dwelling subject to Section 4.02.08
E Utility substation, pumping station, water reservoir and telephone exchange
F Fire Stations.
G Churches, seminary and convent.
H Public and parochial school; college.
I Publicly owned and operated buildings and facilities such as community centers, auditoriums, libraries,
museums.
J Private kennels and facilities, provided that all buildings and facilities be at least 100 feet from the
property line and 300 feet from any neighboring residence.
K Roadside stands offering agricultural products for sale on the premises.
L 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.
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ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
M Farm and industrial equipment sales.
N Public and private riding academies provided that no stable, building or structure in which horses or other
animals are kept is no closer than 100 feet from the property line.
O Class I, Class II and Class III Livestock Feeding Operations provided they meet the requirements of the
Livestock Siting Matrix as adopted.
P All other Permitted Uses as indicated as Permitted within the Zoning Matrix.
4.02.03 Conditional Uses
The following uses are subject to any conditions listed in this Resolution and are subject to conditions relating to
the placement of said use on a specific tract of ground in the A-1 Agricultural District.
A Bed and breakfast residence subject to the following conditions in addition to those imposed by the
Planning Commission:
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 for 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.
B 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.
C Industrial uses as provided in the Zoning Matrix and the following minimum conditions are met:
A.Meets minimum lot requirements as established by this Resolution.
B.Meets minimum off-street parking requirements as established by this Resolution.
C.Meets minimum sanitary sewer requirements for the proposed use.
D.The lot(s) takes 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.
D Commercial uses as provided in the Zoning Matrix and the following minimum conditions are met:
A.Meets minimum lot requirements as established by this Resolution.
B.Meets minimum off-street parking requirements as established by this Resolution.
C.Meets minimum sanitary sewer requirements for the proposed use.
D.The lot(s) takes 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.
E All other Conditional Uses as indicated within the Zoning Matrix, provided the following minimum
conditions are met:
A.Meets minimum lot requirements as established by this Resolution.
B.Meets minimum off-street parking requirements as established by this Resolution.
C.Meets minimum sanitary sewer requirements for the proposed use.
D.The lot(s) takes 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.
F 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.
G Radio, cellular and television towers and transmitters and are subject to the requirements of Section 6.01
of the Supplementary Regulations.
H Airports.
I Manufacture of light sheet metal products including heating and ventilation equipment.
J Manufacture and/or processing of agricultural products including but not limited to ethanol plants and
mills.
K Truck and freight terminals.
L Commercial mining, quarries, sand and gravel pits and accessory uses.
M Storage of trucks, tractors, and trailers engaged in the transportation of explosives.
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ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
N Race tracks, drag strips and similar uses and associated accessory uses.
O Wind Energy devices.
P Community sewage disposal facilities.
Q Sanitary landfill siting or expansion conducted in a manner and method approved by the County Board of
Supervisors, provided said landfill is not closer than 1,000 feet to a municipal well and/or one mile to any
village or city limits or any subdivision, addition or residence platted as of the effective date of this
resolution, see Section 6.04 of the Supplemental Regulations.
R Lawn and Garden Nurseries.
S Commercial Kennels and facilities for the raising, breeding and boarding of dogs and other small animals,
including exotic, non-farm and non-domestic animals, provided that all buildings and facilities be at least
100 feet from the property line and 300 feet from any neighboring residence.
T 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 or
outside of the County.
U The application of livestock manure in Hall County by operations located outside the County.
V Class IV and Class V Livestock Feeding Operations, subject to the license requirements, waste disposal
requirements and recommendations of the State of Nebraska and the Land Use specifications in the Hall
County Comprehensive Plan.
4.02.04 Standards for Livestock Feeding Operations
1.The following setbacks and design standards are the minimum sanitation and odor practices for Hall
County. In addition, the Hall County Board of Supervisors, when considering the health, safety, and
general welfare of the public, may impose more restrictive requirements. These requirements should
consider such things as:
property values,
dust,
lighting,
waste disposal and
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.
2.Agricultural Operations of 1,000 A.U. and under are considered a farm as defined in these Regulations and
do not require a Conditional Use Permit.
3.Class II and Class III Livestock Feeding Operations are permitted uses provided they comply with
Sections A and B of the Livestock Siting Matrix and have a total of 75 points from the matrix.
4.All existing LFO’s that have been granted a conditional use permit may expand within their designated
level; except for the 20,000 and above which requires a new Conditional Use Permit for each expansion
beyond 20,000 A.U.’s, as outlined in Table 1, without applying for another conditional use permit. All
new LFO’s 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. LFOs 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 classified in one of four five 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 = 1,001-35,000 animal units;
Class III Facility = 3,001-5,000 animal units,
Class IVII Facility = 5,001-20,000 animal units; and
Class IV Facility = 20,001 or more animal units.
LFOs having more than one type feeding operation at one location shall be categorized according
to the total number of animal units.
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ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
TABLE 1: LFO SPACING AND DISTANCE (Distances given in feetmiles)
Size of Proposed LFO in Animal Units.Non-farm or Other Residence and Other LFOs (feet)
ECH 1,320 Class I
301-1000 OPEN 1,320
ECH 5,280Class II
1001-53000 OPEN 2,6401980
ECH 5,280Class III
3001-5000 OPEN 2640
ECH 5,280Class IIIV
5001-20,000 OPEN 2,640
ECH 7,920Class IV
20,000+OPEN 3,960
ECH = Environmentally Controlled Housing
OPEN = Open Lot Operations
B.LFOs having more than a 1,000 animal units shall also locate at a distance as specified under the
ECH or Open Lots, in Table 1 from a a house under different ownership than the owner/operator
of the LFO a platted, a residential area, public park, recreational area, church, cemetery
(excluding abandoned and personal historic cemeteries), religious area, school, state or nationally
designated historical site, and Rresidential Ddistrict. LFO’s may locate closer than the specified
distance if the owner of said property has granted an impact easement (distance waiver) and filed
said documents against the property granting the easement.
C.All LFO’s over 20,000 Animal Units shall be required to obtain a new Conditional Use Permit
prior to any expansion, unless it meets the standards of the exceptions in the Exceptions Section.
D.The producer shall have a Pre-submission meeting with the Hall County Regional Planning
Director and Hall County Building Inspector to discuss tentative plans and layouts prior to formal
submission of the Conditional Use Permit for Livestock Feeding Operations.
1.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.
2.The applicant shall submit all pertinent materials and designs, as per the Conditional Use
Permit Application for Livestock Feeding Operations.
3.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.
4.Shall also file a copy of all approved NDEQ plans and permits with the Hall County
Regional Planning Director within 30 days after they are issued by the NDEQ.
5.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.
6.If stockpiling of animal waste and/or composting of dead carcasses, as per State Statutes,
are 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 located on the proposed site plan
indicated in number (A) above.
7.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.
8.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.
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ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
9.All runoff or waste generated by an LFO 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 offer
and air pollution, and avoid surface or groundwater contamination as regulated by the
State of Nebraska.
10.The setbacks from an LFO to any non-farm dwelling, other residence or other LFO are
as follows in Table 2:
5.Exceptions:
A.Any Class I Livestock Feeding Operation use in existence as of the effective
date of this Resolution, and which is located within the minimum spacing distance in Table 1
to any church, school, public use, other LFO 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 of the following limitations:
1.Such expansion will not decrease the distance from the LFO use to any church,
school, public use, other LFO or single-family dwelling not of the same ownership
and not on the same premises with said LFO which is less than the minimum
prescribed spacing distance.
2.Any physical expansion of the existing LFO shall be immediately contiguous with
the facilities of the existing LFO.
3.Such expansion may occur in phases over time, but in no event shall such
expansion(s) result in a LFO that is more than 50% larger in animal units than the
one-time capacity of the use which existed as of the effective date of this
Resolution. Any expansion beyond this limitation is prohibited unless a Conditional
Use Permit for expansion that meets all requirements is heard by the Planning
Commission and authorized by the County Board of Supervisors.
4.If such expansion results in such LFO 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 LFO shall be operated at all times in a manner consistent with the
requirements of said permit and applicable regulations of this Resolution.
4.02.05.Accessory Uses
The following accessory buildings and uses are permitted in the A-1 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.
4.02.06 Lot Requirements and Intensity of Use
1.The following table lists the minimum lot requirements and maximum building requirements in an A-1
District. These requirements shall be followed unless otherwise modified by this Resolution
Setbacks
Uses Min
Lot
Area
(acres)
Min. Lot
Width (feet)
Front
Yard
(feet)
Rear
Yard
(feet)
Side
Yard
(feet)
Max. Lot
Coverage
Min Lot
Area per
dwelling unit
(sq. ft.)
Max.
Building
Height
(feet)
Permitted Uses 20 100 35 35 20 10%20,000 351
Conditional
Uses
20 100 35 35 20 10%20,000 351
Agricultural
uses
1 100 35 35 20 10%20,000 351
1 for structures intended for human occupancy, all others no restrictions.
2.The following requirements are allowed in specific situations within the jurisdiction of Hall County. These
requirements are:
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ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
A.ANY PERSON OR PERSONS WHO:
(1)owns a tract of 80 acres or more 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 that is 10 years old or more may sell a tract
containing such dwelling;
(3)providing the following space limitations are complied with:
Setbacks
Min Lot
Area
(sq. ft.)
Min. Lot
Width
(feet)
Front
Yard
(feet)
Rear
Yard
(feet)
Side
Yard
(feet)
Max.
Lot
Coverag
e
Max.
Building
Height
(feet)
20,000 80 30 25 15 40%351
1 for structures intended for human occupancy, all others no restrictions.
4.02.07 Prohibited Uses
1.Any use not specifically listed as a permitted principal use or permitted accessory use.
4.02.08.Supplementary Regulations
1.Residential dwelling units on non-agricultural land existing at the time of passage of these
regulations, 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 10300 animal
units or less shall require a no-fee livestock registration permit. In addition, all new or expanded
Livestock Feeding Operations of over 31000 animal units shall need to score at least 75 point on the
livestock Siting Matrix and those over 5000 shall also require a Conditional Use Permit as subject to
in Section 4.03, subsection B of this Article.
A.New non-farm residences shall be located no less than at the following
distances and those shown in Table 2: Non-farm Residentialce Spacing and Distance, from
an existing agricultural operation having between 50 and 3001000 animal units and an LFO
based upon the type of operation. New residences may be located closer to an LFO if the
owner of such residence has been granted an impact easement from the owner of the LFO
and the owner of the residence has granted an impact easement to the LFO.. Both easements
shall be filed with the Register of Deeds.
TABLE 2: NON-FARM RESIDENTIALCE SPACING AND DISTANCE (Distances given in feet)
SIZE OF EXISTING AGRICULTURAL OPERATION AND LFO IN A.U.
1000-
1000300
301001-
13,000
13,001-5,000 5,001-20,000 20,000+
New Residence* near
open lots
1,980 1,9802,970 1,9803,960 3,960 5,940
New Residence* near
ECH
1,980 1,9807,970 7,920 7,920 11,880
*This shall not prohibit building a residence within the specified distance as part of the farming/feeding operation.
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Hall County Regional Planning
Commission
Wednesday, April 5, 2017
Regular Meeting
Item 2
Hall County Zoning Review Subcommittee-Livestock Friendly
Designation
Staff Contact: Chad Nabity
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Agenda Item # 8.b.
PLANNING DIRECTOR MEMO TO REGIONAL PLANNING
March 28, 2017
SUBJECT: Proposed regarding Livestock Friendly County (LFC) designation for Hall County.
In January of 2017 the Hall County Regional Planning Commission appointed a committee to review livestock
zoning regulations within the County. The committee was composed of five planning commissioners - all four of
those appointed by Hall County, Pat O’Neill, Len Rainforth, Judd Allan, and Greg Robb, and Les Ruge of Alda,
the longest-serving planning commissioner. The Planning Commission requested that the Hall County Board
assign one or two members of the board to the committee as well, Steve Schuppan and Karen Bredthauer were
appointed. The committee began meeting in the latter part of January and has met several times since then to
review the A-1 zoning regulations, livestock definitions, livestock operation siting matrix as developed for the
Nebraska Department of Agriculture (NDA) and the Livestock Friendly County designation through the Nebraska
Department of Agriculture.
The committee began with a review of the current Hall County agriculture zoning regulations and a comparison of
those regulations with regulations from the surrounding counties. It was concluded by the committee, that Hall
County’s regulations, which allow 1,000 animal units as a permitted use on a farming operation, were less strict
than Adams, Buffalo and Howard Counties. Hamilton County regulations do not provide any guidance regarding
the size of operation. Merrick County regulations would permit 2,500 animal units without a conditional use permit.
Hamilton, Merrick Howard and Adams counties have all been designated as Livestock Friendly by the Nebraska
Department of Agriculture.
The Nebraska Department of Agriculture created the LFC Designation following a similar model in Minnesota after
authorization by the Nebraska Legislature with the passage of LB 754 in 2003. A report on the LFC program was
produced in response to LR 320 and presented to the Unicameral in December 2006.
Any Nebraska County can apply for the LFC designation following a public hearing by the county board and
passage of a resolution declaring an interest in developing the livestock and processing sectors of the county
economy, the importance of livestock to the economic well-being of the county, commitment to working with other
jurisdictions in the county to implement livestock development, commitment to compliance with the Livestock
Waste Management Act and commitment to enter into a letter of understanding with the Nebraska Department of
Agriculture.
The process of becoming designated as LFC does include gathering assurances from other jurisdictions in the
county that they are supportive of the livestock industry. Cairo and Doniphan have both allowed existing feeding
operations to expand within their zoning jurisdictions. Grand Island is home to the Nebraska State Fair with
numerous ag and livestock shows, and home to JBS where 5,000 head of cattle are slaughtered every day.
Livestock is extremely important to the economic vitality of the area. After the county board has passed a
resolution declaring their interests, each of the communities will also be asked to pass a resolution or send a letter
of support for the declaration.
While the various communities are considering their support of the declaration, staff will gather the remaining data
needed for the application, including the current zoning regulations, and map, wellhead protection areas, and
comprehensive plan.
The designation as a Livestock Friendly County does not convey any specific benefit to the county or producers
within the county, but does encourage the Nebraska Department of Agriculture to highlight agricultural-based
development within Hall County. If at some point conflicts develop between the goals of Hall County and the NDA
Livestock Friendly County program, Hall County can, after a public hearing, rescind their resolution of interest.
____________________ Chad Nabity AICP, Planning Director
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Program Summary
The Nebraska Unicameral Legislature has directed the Nebraska Department of
Agriculture (NDA) to develop a Livestock Friendly County program to recognize
counties that support Nebraska's livestock industry. The Livestock Friendly County
program assists counties and agriculture producers promote the Nebraska livestock
industry.
What is the Livestock Friendly County program?
The Nebraska Livestock Friendly County program is a voluntary program that
recognizes counties that actively support the livestock industry. NDA partners
with counties in the program to encourage development of the livestock industry
in the county.
How does the Livestock Friendly County program work?
Counties must apply to NDA to be designated as a Livestock Friendly County.
Application materials are available from NDA, and any county may apply.
The county board is required to hold a public hearing and pass a resolution
asking NDA to designate the county as a Livestock Friendly County. The county
submits an application to NDA. Local producer and community groups can work
together to ask the board to submit a Livestock Friendly County application to
NDA.
Counties that are accepted by NDA may include the Livestock Friendly County
designation in materials promoting the county. The information gathered as part
of the application process will also be a valuable resource for local producers and
others interested in supporting the county.
How will NDA evaluate county applications?
Each county is different. There are a wide variety of activities and regulations
adopted by Nebraska counties that support the livestock industry. NDA will look
at all of the things county government and groups in the county are doing to
support livestock.
If the county is zoned, NDA will evaluate county zoning regulations that apply to
livestock operations. The Livestock Friendly County regulations include examples
of things counties can do to be considered livestock friendly, but a county can
apply even if they do not fit any of the examples given.
Why should a county apply for the Livestock Friendly County designation?
Every county has something to gain from pursuing the Livestock Friendly County
(LFC) designation. However, designation is not something the state does to a
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county, but rather it is recognition for the work the county does to establish a
thriving livestock industry.
Nebraska's agriculture economy depends on livestock. Livestock is Nebraska's
largest agriculture industry with nearly 50% of all agriculture receipts originating
from livestock sales. Livestock processing is the largest single employment class
in Nebraska and provides many jobs in rural communities.
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Frequently Asked Questions
Does a county give up zoning authority and local control by participating in the
Nebraska Department of Agriculture's Livestock Friendly County program?
No. Applying for or receiving a Livestock Friendly County (LFC) designation under the
Department program does not in any way affect a county's ability to zone. There is
nothing in the statute that created the LFC program or in the regulations that govern the
Department's administration of the program that allows for the state to take over the
county's responsibility for zoning. Zoning is a function given to the county by the
Nebraska Legislature in Neb. Rev. Stat. §23-114 and following. The LFC program,
created by the Legislature as a promotional program, was codified to §§54-2801 and
54-2802. Neither the statute nor the regulations speak about the State, or any of its
agencies, controlling zoning.
The only authority the Department has under the program is to evaluate how the county
has used its zoning powers in terms of treatment of the livestock industry and to make a
determination as to whether or not the county is consistent in its approaches with
livestock and whether the county and its actions related to the livestock industry warrant
an LFC designation.
Can my county be designated as a Livestock Friendly County if it has setbacks
that are different than those outlined in the Department's regulations?
Yes. The regulations governing the Department's LFC program were carefully crafted
recognizing the unique differences in landscape and needs in the individual counties
across Nebraska. The regulations include a series of criteria in which individual counties
will be evaluated by the Director of Agriculture. The setback distances identified in the
regulations, like most of the other evaluation criteria, are not definitive, but rather are
guidance for the Director in evaluating county applications. The regulations clearly
provide opportunities for counties to have practices different than those identified in the
guidance (like the setbacks).
The Livestock Friendly County program will cost too much to comply with in both
dollars and personnel time.
There is no better way to address the concern of too much financial and personnel cost
than to refer to the application form. The county need only originate a resolution and a
narrative to apply. The balance of the application requirements are that the county
attach copies of documents that already exist. The regulations require an annual report
from program participants. The annual report is a simple update of changes to any of
the county's filed documents and a description of activities taken by the county to
nurture and support livestock during the preceding year.
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The Livestock Friendly County program is nothing more than a way to force big
livestock operations into my county.
The type of economic activity that is allowed in any county is controlled by that county.
A county designated a LFC county, through its own zoning regulations, would retain
control of zoning for any livestock operation, just as it does now. Whether a county has
been designated an LFC county does not influence in any way the activities that are
allowed in that county.
Why should our county seek a Department Livestock Friendly County designation
when our county can self declare without going through the Department's
certification process?
Working with the Department to secure an LFC designation brings with it recognition
and credibility that cannot be achieved simply through self-declaration.
Like any third-party appraisal, the purpose of the Department LFC program is to give
the applying county an unbiased evaluation of how the county's zoning regulations and
other requirements on livestock production are affecting the future development and
growth of the industry in the county. A self-declaration does not provide the same
unbiased appraisal as is provided by going through the Department LFC certification
program.
Applying for the Department designation sends a strong message of commitment to
local farmers and businesses that rely on livestock production. It recognizes their
importance to the local community and economy and demonstrates a willingness to
have county regulations and actions evaluated to ensure the county is doing all that it
can to foster a good environment for growth of those businesses and operations.
The program doesn't do anything there is no incentive to becoming designated a
Livestock Friendly County.
While the LFC program itself does not bring with it a direct financial incentive to the
county, the incentive to the county for participating in the program is clear - the
promotion and growth of the livestock industry within a county, in general, carries both
substantial direct and indirect benefits to the county's local economy. Local livestock
production generates jobs, an additional marketing outlet for local crop producers,
increased tax dollars, and markets for ethanol co-products and other benefits too
numerous to list. The Legislature intended this program for economic development in all
counties that participate.
Although a specified financial incentive is not currently attached to the LFC program, it
is not out of the realm of possibility in the future. The idea of having a direct financial
incentive to counties that obtain Department LFC designations was discussed by
lawmakers at the time of the program's creation but did not come to fruition due in part
to the State's financial difficulties at the time.
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My county doesn't get anything for participating in the program except a logo to
use on promotional materials and on our county letterhead.
Department staff participate in trade missions and trade promotion throughout the year.
The Department is continually promoting the agricultural products of this state, and
promoting Nebraska as a positive place to conduct agricultural business. Counties
designated as LFC counties will be promoted as such during these trade missions and
promotions. It's important to note that Nebraska commodity boards and agricultural
associations also travel extensively in support of the agriculture industry. They, too,
would have the option of promoting LFC counties in their numerous contacts.
Essentially, a county receives free advertising to a state, national, and international
audience advertising that is designed to help the county grow its economy. Without a
formal designation, counties will be missing out on numerous exposure opportunities for
future economic development.
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- 1 - WP Form 121 (12/07)
Nebraska Department of Agriculture
Application for Designation
as a Livestock Friendly County
County:
Contact Information:
Name:
Title:
Department:
Address:
City/State/Zip:
Telephone: Fax:
E-mail:
In the following sections, check all items that apply to your county. For each item checked, include the appropriate document or other information clearly marked with the corresponding exhibit.
Declaration of the County Board (to be completed by every applicant):
Attach, as Exhibit A, a formal declaration adopted by the county board in a duly enacted
resolution following a public hearing, which includes, but is not limited to, the following: An expression of interest in developing the livestock production and processing sectors of
the county’s economy.
An acknowledgment that livestock is important to the economic well-being of the county. An assurance that the county intends to work with all other governmental jurisdictions
within its boundaries in implementing livestock development within the county. A commitment to compliance with the Livestock Waste Management Act. A commitment to enter into a letter of understanding with the Department of Agriculture
agreeing to:
• Develop a plan to support the livestock industry in the county, and
• Submit reports as directed by the Department of Agriculture.
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- 2 - WP Form 121 (12/07)
Narrative Describing Fulfillment of Intent (to be completed by every applicant):
Attach, as Exhibit B, a narrative describing how the county meets the overall intent of Neb. Rev.
Stat. §§54-2801 and 54-2802 (see attached), including steps taken to support the livestock
industry within the county and actions taken or information provided to avoid conflicting land
uses.
Zoning Adopted by the County (to be completed if the applicant has adopted zoning): Attach the following exhibits if the county has adopted zoning pursuant to Neb. Rev. Stat.
§23-114.
County comprehensive development plan and zoning resolution (attach as Exhibit C-1). Zoning regulations applicable to animal feeding operations (attach as Exhibit C-2). Zoning map indicating districts in which animal feeding operations are a permitted use
(attach as Exhibit C-3). Any other procedures, guidelines, or other requirements applicable to livestock producers
in the county (attach as Exhibit C-4). The conditional use permits, including any conditions or requirements, for animal feeding
operations granted by the county board during the prior 24 months (attach as Exhibit C-5). The written statement of fact, if available, for any applications by animal feeding
operations for conditional use permits granted or applications for conditional use permits
denied during the prior 24 months (attach as Exhibit C-6). Any zoning regulations related to rural housing development (attach as Exhibit C-7).
Animal Feeding Operations Restrictions (to be completed if jurisdictions other than the county impose restrictions on animal feeding operations):
Attach the following exhibits if any city, village, or other governmental jurisdiction within the
county imposes restrictions on animal feeding operations. The ordinances or regulations applicable to animal feeding operations (attach as
Exhibit D-1). Map designating areas subject to such ordinances or regulations (attach as Exhibit D-2). Resolution or written statement of the city council, village board, or board of any other
governmental jurisdiction within the county acknowledging that livestock is important to the
economic well-being of the area and expressing an interest in supporting the livestock
production and processing sectors (attach as Exhibit D-3).
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- 3 - WP Form 121 (12/07)
Wellhead Protection Area (to be completed if the following applies): Attach the following exhibits if any controlling entity has designated a wellhead protection area,
as both terms are defined in the Wellhead Protection Area Act. Map identifying the wellhead protection area designated by the controlling entity and
approved by the Director of the Department of Environmental Quality in accordance with
the Wellhead Protection Area Act that are applicable to animal feeding operations (attach
as Exhibit E-1). The wellhead protection plan or other document containing the applicable controls
approved by the Director of the Department of Environmental Quality in accordance with
the Wellhead Protection Area Act that are applicable to animal feeding operations (attach as Exhibit E-2).
Other Considerations (not required, but this is where your county can demonstrate what you do to
make your county livestock friendly): Identify and attach other information the county wishes to have considered in this application for
designation as a livestock friendly county. You may wish to refer to the general principles,
evaluation criteria and standards the Department will consider when evaluating applications for approval. These are found in the Nebraska Administrative Code, Title 29, Chapter 2,
Subsections 008.04 and 008.05 (see attached). Please provide complete details about all
attachments. Identify the attachments as Exhibit F and following.
Authorization (to be completed by every applicant):
Signature:
Print name:
Title:
Authorized representative of County
Date:
Return completed form with exhibits to:
Livestock Friendly County Program
Nebraska Department of Agriculture P.O. Box 94947
Lincoln, NE 68509-4947
For questions, contact:
Mr. Steve Martin
Ag Promotion and Development Division
Telephone: (402) 471-4876
Fax: (402) 471-2759
E-mail: steve.martin@nebraska.gov
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- 1 -Form WP (1/15)
Nebraska Department of Agriculture
Annual Report
of a Livestock Friendly County
County:
Annual Report for the Calendar Year:
1.LFC Contact Information:
Name and Title:
Address:
City/State/Zip:
Telephone: E-mail
Please submit the following information by January 31.
2.Changes to zoning regulations, processes, and/or zoning map for the agricultural
zone(s).
Attach copies of any changes from the past year.
No Changes
3.Conditional/Special Use Permits
Attach copies of any conditional/special use permits approved and denied in the past year
for livestock activity.
No conditional/special use permits applications in the past year.
4.Description of Activities
Include a summary of activities undertaken by county officials, extension, or private
groups to support and nurture the livestock industry. (This can include
recognition/appreciation days, consumer education activities, or any other activity.)
A summary of any livestock development activity that did not need a conditional/special
use permit. (This would include expansions, repopulations, new construction, and any
new or expanded support businesses (feed mill, veterinarian, etc.).
No known activities or growth
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- 2 -Form WP (1/15)
5.Livestock Development Contact – please provide contact information for a county
economic development or similar person:
Name and Title:
Address:
City, State, Zip:
Telephone
E-mail:
Return completed form with exhibits to:
Livestock Friendly County Program
Nebraska Department of Agriculture
P.O. Box 94947
Lincoln, NE 68509-4947
For questions, contact:
Steve Martin
Ag Promotion and Development Division
Telephone: (402) 471-4876
E-mail: steve.martin@nebraska.gov
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