03-14-2018 Regional Planning Regular Meeting Packet
Hall County Regional
Planning Commission
Wednesday, March 14, 2018
Regular Meeting Packet
Commission Members:
Judd Allan Hall County
Tony Randone Grand Island
Derek Apfel Grand Island
Hector Rubio Grand Island
Leonard Rainforth Hall County
Carla Maurer Doniphan
Dean Kjar Wood River
Robin Hendricksen 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:
Rashad Moxey
Administrative Assistant:
Krystal Eucker
6:00 PM
City Hall
Grand Island Regular Meeting - 3/14/2018 Page 1 / 131
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, March 14, 2018
Regular Meeting
Item A1
Agenda
Staff Contact:
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AGENDA AND NOTICE OF MEETING
Wednesday, March 14, 2018
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 the February 7, 2018.
3.Request Time to Speak.
4.Public Hearing Annexation Wood River- Concerning annexation of land,
located between Green Street and Wood River Road and Dodd Street and
Walnut Street in Wood River. (C-12-2018WR)
5.Public Hearing – Amendment to the Wood River Future Land Use Map –
Public hearing to consider changes to the Wood River Comprehensive Plan
and Future Land Use Map to designate property located north of U.S. 30 and
east of 150th Road for Industrial use. A copy of the proposed changes is
available at the Hall County Regional Planning Department office (C-13-
2018WR)
6.Public Hearing – Amendment to the Wood River Zoning Map – Public
hearing to consider changes to the Wood River Zoning Map to change the
zoning on property located north of U.S. 30 and east of 150th Road for from
AG-Agriculture to I2-Heavy Industry. A copy of the proposed changes is
available at the Hall County Regional Planning Department office (C-13-
2018WR)
7.Public Hearing – Redevelopment Plan – Weinrich Developments Inc.–
Concerning an amendment to the redevelopment plan for CRA Area 1 for a
Site Specific Redevelopment Plan of 408 E. Second, Grand Island, Hall
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County, Nebraska (C-14-2018GI)
8.Public Hearing - Text Amendment of Hall County Zoning Resolution.
Concerning proposed amendments to various parts of Article 2 Section 2.03
Definition of Terms, and Article 4 Section 4.02 Agricultural – Primary District
and Section 4.03 A-2 Secondary Agricultural District relative to livestock
production. (C-06-2017HC)
9.Public Hearing - Text Amendment of Grand Island Zoning Ordinance
Concerning proposed amendments to Section 36-22 Yard Requirements and
Section 36-96 Off Street Parking Requirements relative to garages with
doors facing the street. (C-15-18G)I
10.Public Hearing - Text Amendment of Grand Island Subdivision
Ordinance Concerning proposed amendments to Section 33-12 Streets and
Alleys relative to street design standards. (C-15-18GI)
11.Directors Report
12.Next Meeting April 4, 2018.
13.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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Hall County Regional Planning
Commission
Wednesday, March 14, 2018
Regular Meeting
Item E1
Minutes of the February 7, 2018 Meeting
Staff Contact:
Grand Island Regular Meeting - 3/14/2018 Page 6 / 131
THE REGIONAL PLANNING COMMISSION OF HALL COUNTY, GRAND ISLAND,
WOOD RIVER AND THE VILLAGES OF ALDA, CAIRO, AND DONIPHAN,
NEBRASKA
Minutes
for
February 7, 2018
The meeting of the Regional Planning Commission was held Wednesday, February 7, 2018, in
the Council Chambers - City Hall – Grand Island, Nebraska. Notice of this meeting appeared
in the "Grand Island Independent" on January 26, 2018.
Present: Pat O’Neill Leonard Rainforth
Les Ruge Tony Randone
Hector Rubio Judd Allan
Carla Maurer
Absent: Robin Hendricksen, Dean Kjar. Derek Apfel Jaye Monter Greg Robb
Other: Grand Island City Councilman Mitch Nickerson, Hall County Engineer
Steve Riehle, Assistant Grand Island Public Works Director Keith
Kurz.
Staff: Chad Nabity, Krystal Eucker, Rashad Moxey.
Press: Austin Koeller, Grand Island Independent.
1.Call to order.
Chairman O’Neill called the meeting to order at 6:02 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 December 6, 2017 meeting.
A motion was made Maurer and seconded by Rubio to approve the minutes of
the December 6th, 2017 meeting.
The motion carried with seven members in favor (Allan, O’Neill, Ruge, Maurer,
Rainforth, Rubio and Randone) and no members voting no or abstaining.
3.Request Time to Speak.
The following requested time to speak during discussion: Amos Anson, 4234
Arizona Ave, Item 7; Brian Schultz, 812 West 15th Street, Item 7; Leanne
Doose, 4010 Norseman Ave, Item 7; Dana Jelinek (Habitat for Humanity), 502
West 2nd Street Item 7; Kristin Johnson, 2001 West 11th Street Item 7; Bruce
Smith 2209 Arrowhead Road.
4. Request for Conservation Easement - Concerning a Conservation Easement –
Sections 13 and 14 in Township 9 N, Range 11 W. of the 6th P.M. (C-09-2018HC)
Nabity introduced the conservation easement including the location and proposed
restrictions. He showed the commission the following maps from the Directors
recommendation: Future Land Use, Zoning Flood Plain and Location. He also
explained the three reasons which the County Board can use to deny a conservation
easement.
(a) the easement is inconsistent with a comprehensive plan for the area which had
been officially adopted and was in force at the time of the conveyance,
(b) the easement is inconsistent with any national, state, regional, or local program
furthering conservation or preservation, or
(c) the easement is inconsistent with any known proposal by a governmental body
for use of the land. NRSS 76-2,112(3)
Nabity stated that this property is in the flood plain, is zoned for agricultural uses in the
river protection corridor and that it appears this easement is in conformance with the
Hall County Comprehensive Plan.
Bruce Smith representing the William Vanarsdale Wolbach Trust, stated that Mr.
Wolbach is the trustee, he lives out of state and is in full support of granting the
easement. Mr. Wolbach has been a supporter of the Whooping Crane Trust for many
years.
Commissioner Rainforth asked if this easement would have a negative impact on
drainage across the property. Mr. Smith assured him that the existing drainage would
not be impacted by the easement. The drainage that is in place today will have to be
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maintained.
Commissioner Allan asked if the easement was a permanent easement and if it needed
to be permanent. It is a permanent easement and because of IRS rules for the
easements it does need to be permanent.
Following a review of the Hall County Comprehensive Plan General Land Use Policies,
and a discussion of the proposed easement on the property, it was determined by the
Regional Planning Commission that this easement would not be detrimental to the
Comprehensive Plan.
A motion was made by Ruge and seconded by Maurer to approve the conservation
easement and recommend that Hall County Board of Supervisors approve the
conservation easement.
A roll call vote was taken and the motion passed with 4 members present (O’Neill,
Ruge, Maurer, and Rubio) voting in favor of the motion and 3 members present (Allan,
Rainforth, and Randone) and voting against the motion.
5.Public hearing – Adoption of the Grand Island Zoning Map – Public hearing to re-
adopt the City of Grand Island Zoning Map, with proposed changes as produced using
the Hall County Geographic Information System. This map will serve to give notice to
all parties that the zoning districts, Grand Island City limits, and 2-mile extraterritorial
zoning jurisdiction are as shown on the zoning map. A copy of the proposed changes is
available at the Hall County Regional Planning Department office (C-11-2018GI)
O’Neill opened the public hearing.
Nabity explained that the map includes the five zoning changes that were approved in
Grand Island in 2017 along with five additional changes proposed by City staff to clean
up some boundaries and inconsistencies in the map. Several of the changes include
designating property that is in the Grand Island City Limits but currently used for
agricultural purposes as R2-Low Density Residential.
No members of the public spoke at the hearing.
O’Neill closed the public hearing.
A motion was made by Randone and seconded by Rainforth to recommend approval to
re-adopt the City of Grand Island Zoning Map, with proposed changes as produced
using the Hall County Geographic Information System.
The motion carried with seven members in favor (Allan, O’Neill, Ruge, Maurer,
Rainforth, Rubio and Randone) and no members voting no or abstaining.
6.Final Plat – Gard Subdivision – Grand Island – located south of U.S. Highway 34
and east of Blaine Street in the City of Grand Island, in Hall County, Nebraska (3 lots,
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19.024 acres)
Nabity explained that some changes to the lot configuration had been done since the
original submission including changes the access point for lots 2 and 3 so that it
included the existing driveway into the property. This subdivision is adjacent to the
City of Grand Island and is being platted as an addition to the City.
Ruge questioned whether there was adequate room on Lot 3 to build a new house and
Nabity showed that there is at least 2.5 acres to the southwest of the house on lot 2 that
can be built on.
A motion was made by Allen and seconded by Randone to recommend approval of the
Final Plat for Gard Subdivision (3 lots, 19.024 acres).
The motion carried with seven members in favor (Allan, O’Neill, Ruge, Maurer,
Rainforth, Rubio and Randone) and no members voting no or abstaining.
7.Preliminary Plat – Lassonde 3rd Subdivision – Grand Island – located south of
Capital Avenue and east of St. Paul Road in the City of Grand Island, in Hall County,
Nebraska (23 lots, 3.593 acres)
Final Plat – Lassonde 3rd Subdivision – Grand Island – located
south of Capital Avenue and east of St. Paul Road in the City of Grand
Island, in Hall County, Nebraska (23 lots, 3.593 acres)
Nabity explained that this is the first subdivision using in the R3-SL zoning district.
The subdivision will create 23 lots. The lots on in the south east corner of the
subdivision have been designed to potentially provide access to the property to the
south.
Commissioner O’Neill asked if the City should require lot 14 to be dedicated as street
right of way at this point. O’Neill was concerned that the City has required dedication
of streets in other subdivisions to provide access to adjoining properties. Nabity said
that it had been discussed by City Staff but that the recommendation from staff was to
design the lot so it could be dedicated as a street in the future but the that City Staff was
concerned about the maintenance of the property if it were to be dedicated at this point.
Amos Anson, representing Habitat confirmed that Habitat is working with the property
owner to the south regarding access.
Several members of the public, representing the Grand Island Area Habitat for
Humanity spoke in favor of this subdivision including: Amos Anson, Brian Schultz,
Leanne Doose, Dana Jelinek and Kristin Johnson.
A motion was made by Ruge and seconded by Rubio to recommend approval of the
Preliminary Plat & Final Plat for Lassonde 3rd Subdivision consisting of 23 lots on
3.593 acres.
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The motion carried with six members in favor (Allan, Ruge, Maurer, Rainforth,
Rubio and Randone) and one member voting no (O’Neill).
8. Director’s Report.
Nabity introduced Rashad Moxey, the new planning technician at the department and
Brent Lucke, a senior at Northwest High School that is interning with the department
for the semester.
Members were invited to attend the Nebraska Planning Conference in March.
Nabity then
9.Next Regular Meeting March 14th , 2017.
10.Adjourn
O’Neill adjourned the meeting at 7:16 p.m.
___________________________________________
Leslie Ruge, Secretary
By Chad Nabity, and Rashad Moxey
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Hall County Regional Planning
Commission
Wednesday, March 14, 2018
Regular Meeting
Item F1
Annexation Wood River
Staff Contact:
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Agenda Item # 4
PLANNING DIRECTOR MEMO TO REGIONAL PLANNING
February 26, 2018
SUBJECT: Annexation in Wood River Nebraska.
The City of Wood River has approved Resolution 2018-121 submitting property planned for platting as Thelen
Subdivision, located between Green Street and Wood River Road and Dodd Street and Walnut Street adjacent to
Wood River to the Hall County Regional Planning Commission for a recommendation on approval of annexation
of the property.
The owners of the property and the City are both interested in pursuing this application and have submitted an
annexation plat for approval.
An annexation plan has been prepared and is included with the resolution and plat..
Planning Commission will hold a public hearing to take testimony on the proposed annexation and make a
recommendation regarding the annexation.
This specific property is identified within the Wood River Comprehensive Plan as adopted in January of 2016 as
property that should be annexed prior to development. Annexation of this property is consistent with the Wood
River Comprehensive Plan.
It is recommended that the Hall County Regional Planning Commission recommend in favor of annexing the
property as presented.
____________________ Chad Nabity AICP, Planning Director
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ANNEXATION PLAN –Wood River Nebraska
February 26, 2018
OVERVIEW
Section 17-405 of The Nebraska State Statute allows Cities of the Second Class to annex
any contiguous or adjacent lands, lots, tracts, streets, or highways that are urban or
suburban in character and in such direction as may be deemed proper.
Regulations governing municipal annexation were implemented in order to develop an
equitable system for adding to and increasing municipal boundaries as urban growth
occurs. Areas of the community that are urban in nature, and are contiguous to existing
boundaries, are appropriate for consideration of annexation.
Annexation of urban areas adjacent to existing municipal boundaries can be driven by
many factors. The following are reasons annexation should be considered:
1.Governing urban areas with the statutorily created urban form of
government, municipalities have historically been charged with meeting the
needs of the expanded community.
2.Provide municipal services. Municipalities are created to provide the
governmental services essential for sound urban development and for the
protection of health, safety and well being of residents in areas that are used
primarily for residential, industrial, and commercial purposes.
3.Ensure orderly growth pursuant to land use, building, street, sidewalk,
sanitary sewer, storm sewer, water, and electrical services.
4.Provide more equitable taxation to existing property owners for the urban
services and facilities that non-village residents in proposed annexation
areas use on a regular basis such as parks, streets, public infrastructure,
emergency services, retail businesses and associated support.
5.Ensure ability to impose and consistently enforce planning processes and
policies.
6.Address housing standards and code compliance to positively impact quality
of life for residents.
7.Enable residents of urban areas adjacent to village to participate in
municipal issues, including elections that either do or will have an impact on
their properties.
8.Anticipate and allocate resources for infrastructure improvements. This
would include extension of sewer, water and electrical infrastructure.
9.Provide long term visioning abilities as it relates to growth and provision of
services.
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Other Factors
The City and the property owner have caused to be prepared an annexation plat of the
parcel under consideration and the City has forwarded a request to make a
recommendation on annexation of these properties to the Hall County Regional Planning
Commission
A comprehensive inventory of services and facilities has been developed, with the types
and level of services currently being provided as well as the types of level of services
anticipated as a result of annexation.
The inventory includes general information concerning:
Existing infrastructure in affected area(s)
Summary of expenditures to extend existing infrastructure
Emergency services
Summary of operating expenditures associated with increased services
The service plan incorporates detailed elements of the inventory. The inventory and
resulting service plan should be the basis for discussions concerning each specific area
identified for potential annexation. It should be noted that the capital improvements to
existing infrastructure and extending services if necessary will take place over a
reasonable period of time in order to ensure adequate time for planning, designing,
funding and constructing such a sizable number of projects while protecting the
financial integrity of the Village’s enterprise funds. Individual property owners will be
responsible for the cost of extending services through neighborhoods and for
connecting their properties to the public systems.
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Inventory of Service and Service Plan
The parcel under consideration is located adjacent to the Wood River City Limits
between Green Street and Wood River Road and Dodd Street and Walnut Street at the
north end of Wood River.
INVENTORY OF SERVICES
1.Police Protection. The Hall County Sheriff’s Department under contract with the
City of Wood River will provide protection and law enforcement services in the
annexation area. These services include:
Normal patrols and responses
Handling of complaints and incident reports
Investigation of crimes
Standard speed and traffic enforcement
Special units such as traffic enforcement, criminal investigations, narcotics, and
gang suppression
These services are offered by contract for all properties within the municipal limits of
Wood River.
2.Fire Protection. The Wood River Rural Fire Department will provide emergency
and fire prevention services in the annexation area. These services include:
Fire suppression and rescue
Hazardous materials regulation
Periodic inspections of commercial properties
Public safety education
3.Wastewater (Sanitary Sewer). The City of Wood River currently maintains the
wastewater utilities services for the proposed annexation area. Wastewater services to
new development and subdivisions will be provided according to standard policies and
procedures of the Village. Wastewater service to this area is available through existing
lines.
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4.Maintenance of Roads and Streets. The City of Wood River will maintain public
streets over which the City has jurisdiction. A section of Wood River Road north of the
property will be included within the municipal limits. These services include:
Snow and ice removal
Emergency pavement repair
Preventative street maintenance
Asphalt resurfacing
Ditch and drainage maintenance
Sign and signal maintenance
5.Water Utilities. The City of Wood Rivercurrently maintains the water utilities
services for the proposed annexation area. Water service to this area is available through
existing water lines.
6.Maintenance of Parks, Playgrounds, and Swimming Pools. No impact on public
or private recreation facilities is anticipated as a result of annexation. Recreation facilities
and area amenities, including parks and pools, that are privately owned and operated, or
operated and maintained by another governmental entity, will be unaffected by the
annexation.
7.Zoning Regulations. The City of Wood River is enforcing building regulations.
Building permits and inspections are issued through an agreement with Hall County by
the Building Inspector. Hall County will continue to oversee services associated with
zoning regulations, including:
Building Permit Issuance
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8.Summary of Impacts
Summary of Impacts
Police Protection No Impact
Fire Protection No Change
Wastewater Available
Roads and Streets Possible Change of Maintenance
responsibilities along the northern
perimeter
Water Service Available
Parks, Playgrounds and Swimming Pools No Impact
Zoning Regulations Already Subject to Wood River
Regulations
School District District 8 (Wood River)
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Hall County Regional Planning
Commission
Wednesday, March 14, 2018
Regular Meeting
Item F2
Readoption of and Amendment to the Wood River Future Land
Use Map
Staff Contact:
Grand Island Regular Meeting - 3/14/2018 Page 29 / 131
Agenda Item # 5 and 6
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING
COMMISSION:
February 27, 2018
SUBJECT:Re-adoption of the Wood River Future Land Use Map and
consideration of a Zoning Change (C-13-2018WR). An application was received
requesting that property on the western edge of Wood River be rezoned from
Agriculture to Heavy Industry. Along with this application Staff is recommending
changes to the Wood River Future Land Use Map.
PROPOSAL: To amend and readopt the Future Land Use Map from the 2016 Wood
River Comprehensive Plan.
OVERVIEW:
The Wood River Comprehensive Plan as prepared by Hanna:Keelan Associates was
adopted by the Wood River City Council in January of 2016. Geographic Information
System (GIS) data for the maps in the Comprehensive Plan was not provide to the
Planning Department. Planning staff has recreated the data from Plan as adopted in
a GIS format that. In addition, staff is recommending that the area proposed for
rezoning be changed from Vacant/Agriculture to Industrial and that the property
immediately north of U.S. Highway 30 east of the intersection of Schultz Road and
U.S. Highway 30 be changed from Vacant/Agriculture to Commercial to provide for
continuous development along the Highway corridor. A map of the proposed future
land use map with changes is attached.
RECOMMENDATION:
That the Regional Planning Commission recommend that the Wood River City
Council readopt the Future Land Use map as drawn using the Hall County
Geographic Information System with the proposed changes as shown.
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REZONING PROPOSAL:To rezone a tract of land located between Schultz Road
and U.S. Highway 30 east of 150th Road from AG- Agriculture to I2- Heavy Industrial
District in the jurisdiction of the City of Wood River.
OVERVIEW:
Site Analysis
Current zoning designation:AG- Agriculture District
Permitted and conditional uses:AG- Agricultural Uses including limited raising of
livestock
Comprehensive Plan Designation:Agriculture
Existing land uses.Crop Ground
Adjacent Properties Analysis
Current zoning designations:West and North: AG- Agriculture District
South: I2-Heavy Industrial District
East: TA-Transitional Agriculture District
Permitted and conditional uses:TA- Agricultural Uses including raising of livestock
up to 300 animal units with some limited housing.
I2-Commercial, Office, Warehousing, Fabrication,
Ethanol production and Manufacturing uses.
Residential uses are not permitted in this district.
AG- Agricultural Uses including limited raising of
livestock
Comprehensive Plan Designation:North: Agriculture
South: Industrial
East: Commercial
West: Agriculture
Existing land uses:North: Farm Ground
East: Farm Ground
West: Farm Ground, Highway Overpass
South: Ethanol Plant
EVALUATION:
Positive Implications:
Consistent with the Wood River Comprehensive Plan as amended: This property is
planned for industrial development. A comprehensive plan amendment is included
with this application and needs to be approve prior to approving the zoning map
amendment.
Is adjacent to a similar use in an Industrial zone: This property is immediately south
of this was rezoned several years ago for the development of the ethanol plant. The
extension of industrial uses to this area of the community would be beneficial to the
community and consistent with existing development.
Economic Development for Wood River: This development could have a substantial
economic impact on the community of Wood River adding jobs, provision of utilities
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and valuation to the community.
Good Transportation Access: This property is adjacent to U.S. Highway 30 even if
the development of access is from 150th Road or Schultz Road it will have ready
access to U.S. Highway 30.
Negative Implications:
Lack of Municipal Infrastructure: At this time Wood River does not have sewer
and water available to serve this property. The property can be developed for
many of the uses allowed in the I2 zoning district with well and septic
especially if the water usage is for restrooms rather than production.
RECOMMENDATION:
That the Regional Planning Commission recommend that the Wood River City
Council change the zoning on this site from AG- Agriculture District to I2-Heavy
Industrial Zone.
___________________ Chad Nabity AICP, Planning Director
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Hall County Regional Planning
Commission
Wednesday, March 14, 2018
Regular Meeting
Item F3
Amendment to the Wood River Zoning Map
See the memo for the previous item Wood River Future Land Use Map
Staff Contact:
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Hall County Regional Planning
Commission
Wednesday, March 14, 2018
Regular Meeting
Item F4
Redevelopment Plan CRA Area #1 408 E 2nd Street Weinrich
Developments Inc.
Staff Contact:
Grand Island Regular Meeting - 3/14/2018 Page 38 / 131
Agenda Item # 7
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION:
February 26, 2018
SUBJECT:
Redevelopment plan amendment for property located in Blight and Substandard Area 1 for a
Site Specific Redevelopment Plan for property located at the 408 E 2nd Street in Grand
Island, in Hall County, Nebraska to support this development. (C-14-2018GI)
PROPOSAL:
The Weinrich Development Inc. is proposing to purchase a vacant lot at this location and build a
three unit apartment building at this location. The property is zoned B-3 Heavy Business District
as such this is a permitted principal use.
OVERVIEW:
The purpose of the CRA and the designated blight and substandard areas is to provide
incentives for development in underdeveloped areas of the community. This proposed plan
encourages a mix of commercial and residential uses that has been identified as a priority
for development in the downtown area. This area has already been declared blighted and
substandard by the CRA, the Hall County Regional Planning Commission and the Grand
Island City Council.
This project is consistent with the existing zoning and the future land use plan for this
area within the City of Grand Island. This is evident by the fact that the property is zoned B-
3 Heavy Business District. The B-3 zone allows for a residential uses with no maximum
density. The lot in question is 8,712 square feet. The only real limitation to the number of
units that can be built here is the requirement that the owner provide 2 parking spaces per
dwelling unit.
The Regional Planning Commission recommendation is limited to the appropriateness of the
proposed use at this location. The Grand Island Comprehensive Plan calls for commercial
and residential uses here.
The Planning Commission is required to comment on these applications to confirm that
expenditure of public funds through TIF is not supporting uses that would be inconsistent
with the comprehensive plan. The proposed use for a mixed use development at this
location appears to be supported by the plan.
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RECOMMENDATION:
That the Regional Planning Commission recommends that City Council approve of the
redevelopment plan amendment as submitted. A resolution is attached for your
consideration.
___________________ Chad Nabity AICP, Planning Director
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Redevelopment Plan Amendment
Grand Island CRA Area 1
February 2018
The Community Redevelopment Authority (CRA) of the City of Grand Island
intends to amend the Redevelopment Plan for Area 1 with in the city, pursuant to
the Nebraska Community Development Law (the “Act”) and provide for the
financing of a specific infrastructure related project in Area 1.
Executive Summary:
Project Description
THE REDEVELOPMENT PROPERTY LOCATED AT 408 E 2nd STREET FOR
RESIDENTIAL USES, INCLUDING ACQUISITION OF PROPERTY, SITE WORK
AND CONSTRUCTION OF A NEW THREE-UNIT APARTMENT BUILDING AND
ALL REQUIRED OFFSTREET PARKING.
The use of Tax Increment Financing to aid in expenses associated with
redevelopment of the property located at 408 E. 2nd Street from a vacant lot to a
three unit apartment building. The use of Tax Increment Financing is an integral
part of the development plan and necessary to make this project affordable. The
project will result in developing a piece of property that has been vacant since 2005
into three new apartment units. A structural fire damaged the house that was on the
property in 2004; the CRA acquired the property and removed the damaged
structure in 2005. The addition of the residential units is consistent with B-3 Heavy
Business District and the neighborhood. The additional units are needed to meet
the goals of the 2014 Housing Study. This also adds units near Railside consistent
with the plans to increase housing opportunities in the area. This project as
proposed would not be possible without the use of TIF.
Weinrich Developments Inc. has made an offer to purchase the property from the CRA
with the plan to build 3 apartments. Their offer is contingent on the approval of TIF. The
property is currently vacant. The developer is responsible for and has provided evidence
that they can secure adequate debt-financing to cover the costs associated with this
project. The Grand Island Community Redevelopment Authority (CRA) intends to
pledge the ad valorem taxes generated for up to 15 years for a period beginning January
1, 2020 towards the allowable costs and associated financing for the renovation of this
building.
TAX INCREMENT FINANCING TO PAY FOR THE REHABILITATION OF THE
PROPERTY WILL COME FROM THE FOLLOWING REAL PROPERTY:
Property Description (the “Redevelopment Project Area”)
408 E 2nd Street in Grand Island Nebraska
Legal Descriptions: Lot Six (6) in Block Seventy (70) Original Town in the City of
Grand Island, Hall County, Nebraska
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Existing Land Use and Subject Property
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The tax increment will be captured for the tax years for which the payments become
delinquent in years 2020 through 2033 inclusive.
The real property ad valorem taxes on the current valuation will continue to be paid
to the normal taxing entities. The increase will come from the construction of the
proposed apartment building as permitted in the B-3 Heavy Business Zoning
District.
Statutory Pledge of Taxes.
In accordance with Section 18-2147 of the Act and the terms of the Resolution
providing for the issuance of the TIF Note, the Authority hereby provides that any ad
valorem tax on the Redevelopment Project Area for the benefit of any public body be
divided for a period of up to 15 years after the effective date of this provision as set forth
in the Redevelopment Contract, consistent with this Redevelopment Plan. Said taxes
shall be divided as follows:
a. That portion of the ad valorem tax which is produced by levy at the rate
fixed each year by or for each public body upon the redevelopment project valuation shall
be paid into the funds, of each such public body in the same proportion as all other taxes
collected by or for the bodies; and
b. That portion of the ad valorem tax on real property in the
redevelopment project in excess of such amount, if any, shall be allocated to and, when
collected, paid into a special fund of the Authority to pay the principal of; the interest on,
and any premiums due in connection with the bonds, loans, notes, or advances on money
to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, such
Authority for financing or refinancing, in whole or in part, a redevelopment project.
When such bonds, loans, notes, advances of money, or indebtedness including interest
and premium due have been paid, the Authority shall so notify the County Assessor and
County Treasurer and all ad valorem taxes upon real property in such redevelopment
project shall be paid into the funds of the respective public bodies.
Pursuant to Section 18-2150 of the Act, the ad valorem tax so divided is hereby pledged
to the repayment of loans or advances of money, or the incurring of any indebtedness,
whether funded, refunded, assumed, or otherwise, by the CRA to finance or refinance, in
whole or in part, the redevelopment project, including the payment of the principal of,
premium, if any, and interest on such bonds, loans, notes, advances, or indebtedness.
Redevelopment Plan Amendment Complies with the Act:
The Community Development Law requires that a Redevelopment Plan and Project
consider and comply with a number of requirements. This Plan Amendment meets the
statutory qualifications as set forth below.
1. The Redevelopment Project Area has been declared blighted and substandard by
action of the Grand Island City Council on December 19, 2000.[§18-2109] Such
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declaration was made after a public hearing with full compliance with the public
notice requirements of §18-2115 of the Act.
2. Conformation to the General Plan for the Municipality as a whole. [§18-2103 (13)
(a) and §18-2110]
Grand Island adopted a Comprehensive Plan on July 13, 2004. This redevelopment plan
amendment and project are consistent with the Comprehensive Plan, in that no changes in
the Comprehensive Plan elements are intended. This plan merely provides funding for
the developer to rehabilitate the building for permitted uses on this property as defined by
the current and effective zoning regulations. The Hall County Regional Planning
Commission held a public hearing at their meeting on ________ and passed Resolution
2018-?? confirming that this project is consistent with the Comprehensive Plan for the
City of Grand Island.
3. The Redevelopment Plan must be sufficiently complete to address the following
items: [§18-2103(13) (b)]
a. Land Acquisition:
The Redevelopment Plan for Area 1 provides for real property acquisition and this plan
amendment does not prohibit such acquisition. The developer is proposing to acquire the
property from the authority. There is no proposed acquisition by the authority.
b. Demolition and Removal of Structures:
The project to be implemented does not involve the removal or demolition of any
structures.
c. Future Land Use Plan
See the attached map from the 2004 Grand Island Comprehensive Plan. All of the area
around the site in private ownership is planned for Downtown Commercial use which
includes higher density housing. This property is in private ownership. [§18-2103(b) and
§18-2111]
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City of Grand Island Future Land Use Map
Grand Island Regular Meeting - 3/14/2018 Page 45 / 131
d. Changes to zoning, street layouts and grades or building codes or ordinances or
other Planning changes.
The area is zoned B-3 Heavy Business zone. No zoning changes are anticipated with this
project. No changes are anticipated in street layouts or grades. No changes are
anticipated in building codes or ordinances. Nor are any other planning changes
contemplated. [§18-2103(b) and §18-2111]
e. Site Coverage and Intensity of Use
The developer is proposing to increase the number of dwelling units on the property from
zero to three. The size of the building and lot coverage will increase, but remain in
conformance with the applicable regulations regarding site coverage and intensity of use.
[§18-2103(b) and §18-2111]
f. Additional Public Facilities or Utilities
Sewer and water are available to support this development. The developer will be
required meet the minimum sewer and water line sizing requirements to serve the number
of dwelling units and fixtures.
Electric utilities are sufficient for the proposed use of this building.
No other utilities would be impacted by the development.
The developer will be responsible for replacing any sidewalks damaged during
construction of the project.
No other utilities would be impacted by the development. [§18-2103(b) and §18-2111]
4. The Act requires a Redevelopment Plan provide for relocation of individuals and
families displaced as a result of plan implementation. This property has been
owned by the Authority since 2005 an no structures have been on the property since
that time. No relocation is contemplated or necessary. [§18-2103.02]
5. No member of the Authority, nor any employee thereof holds any interest in any
property in this Redevelopment Project Area. [§18-2106] No members of the
authority or staff of the CRA have any interest in this property. The property is owned by
the Authority.
6. Section 18-2114 of the Act requires that the Authority consider:
a. Method and cost of acquisition and preparation for redevelopment and estimated
proceeds from disposal to redevelopers.
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The developer has offered the Authority $15,000 for this property. The estimated costs
for this project including acquisition are $216,178. Site improvements including: tree
removal, utility improvements, sidewalks and other flat concrete of $18,346.
Architectural and Engineering planning services of $2,000 and are included as a TIF
eligible expense. Legal, Developer and Audit Fees including a reimbursement to the City
and the CRA of $5,600 are included as TIF eligible expense. The total of eligible
expenses for this project is $40,946.
This property will be transferred to redevelopers by the Authority. The developer
will provide and secure all necessary financing.
b. Statement of proposed method of financing the redevelopment project.
The developer will provide all necessary financing for the project. The Authority will
assist the project by granting the sum of $40,946from the proceeds of the TIF. This
indebtedness will be repaid from the Tax Increment Revenues generated from the project.
TIF revenues shall be made available to repay the original debt and associated interest
after January 1, 2019 through December 2033.
c. Statement of feasible method of relocating displaced families.
No families will be displaced as a result of this plan.
7. Section 18-2113 of the Act requires:
Prior to recommending a redevelopment plan to the governing body for approval, an
authority shall consider whether the proposed land uses and building requirements in the
redevelopment project area are designed with the general purpose of accomplishing, in
conformance with the general plan, a coordinated, adjusted, and harmonious development
of the city and its environs which will, in accordance with present and future needs,
promote health, safety, morals, order, convenience, prosperity, and the general welfare, as
well as efficiency and economy in the process of development, including, among other
things, adequate provision for traffic, vehicular parking, the promotion of safety from
fire, panic, and other dangers, adequate provision for light and air, the promotion of the
healthful and convenient distribution of population, the provision of adequate
transportation, water, sewerage, and other public utilities, schools, parks, recreational and
community facilities, and other public requirements, the promotion of sound design and
arrangement, the wise and efficient expenditure of public funds, and the prevention of the
recurrence of insanitary or unsafe dwelling accommodations or conditions of blight.
The Authority has considered these elements in proposing this Plan Amendment. This
amendment, in and of itself will promote consistency with the Comprehensive Plan. This
will have the intended result of preventing recurring elements of unsafe buildings and
blighting conditions. This will develop a vacant property with three brand new dwelling
units in a manner consistent with the goals of the 2014 Housing Study for the City of
Grand Island.
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8. Time Frame for Development
Development of this project is anticipated to be completed between May 2018 and May
of 2019. Excess valuation should be available for this project for up to 15 years
beginning with the 2019 tax year.
9. Justification of Project
This is a lot that has been vacant since 2005. The proposed construction with a three-unit
apartment building will provide new quality housing in an existing neighborhood and
remove a structure contributing to blight within the neighborhood.
10. Cost Benefit Analysis Section 18-2113 of the Act, further requires the Authority
conduct a cost benefit analysis of the plan amendment in the event that Tax Increment
Financing will be used. This analysis must address specific statutory issues.
As authorized in the Nebraska Community Development Law, §18-2147, Neb. Rev. Stat.
(2012), the City of Grand Island has analyzed the costs and benefits of the proposed
Redevelopment Project, including:
Project Sources and Uses. Public funds from tax increment financing in the amount of
$40,946provided by the Grand Island Community Redevelopment Authority will be
required to complete the project. This investment by the Authority will leverage
$175,232 in private sector financing and $42,876 equity investment; a private investment
of $5.32 for every TIF dollar invested.
Use of Funds.
Description TIF Funds Private Funds Total
Site Acquisition $15,000 $$15,000
Site Improvements/Utilities $18,346 $18,346
New Construction Costs $175,232 $175,232
Legal and Plan $3,500 $4,400
Engineering/Arch $2,000 $2,000
City Fees/Reimbursements $2,100 $2,100
Financing Fees $4,100 $4,100
TOTALS $40,946 $179,108 $220,278
Tax Revenue. The property to be redeveloped has January 1, 2018, valuation of
approximately $8,712. Based on the 2017 levy this would result in a real property tax of
approximately $196. It is anticipated that the assessed value will increase by $292,000
upon full completion, as a result of the site redevelopment. This development will result
in an estimated tax increase of over $6,560 annually. The tax increment gained from this
Redevelopment Project Area would not be available for use as city general tax revenues,
for a period of 15 years, or such shorter time as may be required to amortize the TIF
Grand Island Regular Meeting - 3/14/2018 Page 48 / 131
bond, but would be used for eligible private redevelopment costs to enable this project to
be realized.
Estimated 2018 assessed value:$ 8,712
Estimated taxable value after completion $ 300,000
Increment value $ 291,288
Annual TIF generated (estimated)$ 6,561
TIF bond issue $ $40,946
(a) Tax shifts resulting from the approval of the use of Tax Increment Financing;
The redevelopment project area currently has an estimated valuation of $8,712. The
proposed redevelopment will create additional valuation of $291,288. No tax shifts are
anticipated from the project. The project creates additional valuation that will support
taxing entities long after the project is paid off.
(b) Public infrastructure and community public service needs impacts and local tax
impacts arising from the approval of the redevelopment project;
No additional public service needs have been identified. Existing water and waste
water facilities will not be impacted by this development. The electric utility has
sufficient capacity to support the development. It is not anticipated that this will impact
schools. The Grand Island Public School system was notified of this application prior to
consideration of this plan by the Grand Island CRA, Regional Planning Commission or
City Council. Fire and police protection are available and should not be negatively
impacted by this development.
(c) Impacts on employers and employees of firms locating or expanding within the
boundaries of the area of the redevelopment project;
This will provide additional housing options consistent with the 2014 Housing Study
for the City Grand Island.
(d) Impacts on other employers and employees within the city or village and the
immediate area that are located outside of the boundaries of the area of the
redevelopment project; and
This project will not have a negative impact on other employers in any manner
different from any other expanding business within the Grand Island area.
(e) Any other impacts determined by the authority to be relevant to the
consideration of costs and benefits arising from the redevelopment project.
This project is consistent with the goals of Grow Grand Island and the 2014 Housing
Study.
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Time Frame for Development
Development of this project is anticipated to be completed during between May of 2018
and May of 2019. The base tax year should be calculated on the value of the property as
of January 1, 2018. Excess valuation should be available for this project for 15 years
beginning in 2019 with taxes due in 2020. Excess valuation will be used to pay the TIF
Indebtedness issued by the CRA per the contract between the CRA and the developer for
a period not to exceed 15 years or an amount not to exceed $40,946 the projected amount
of increment based upon the anticipated value of the project and current tax rate. The
developer will spend at least $40,946,345 on eligible activities based on the estimates
presented. Based on the projected increment the bonds on this project will be paid off in
year 7 or 8 depending on final valuation.
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Resolution Number 2018-06
HALL COUNTY REGIONAL PLANNING COMMISSION
A RESOLUTION RECOMMENDING APPROVAL OF A SITE SPECIFIC
REDEVELOPMENT PLAN OF THE CITY OF GRAND ISLAND, NEBRASKA;
AND APPROVAL OF RELATED ACTIONS
WHEREAS, the Chairman and Board of the Community Redevelopment Authority of the City of
Grand Island, Nebraska (the “Authority”), referred the Redevelopment Plan for 408 E 2nd Street by
Weinrich Developoment Inc. to the Hall County Regional Planning Commission, (the “Commission”)
for review and recommendation as to its conformity with the general plan for the development of
the City of Grand Island, Hall County, Nebraska, pursuant to Section 18-2112 of the Community
Development Law, Chapter 18, Article 21, Reissue Revised Statutes of Nebraska, as amended (the
“Act”); and
WHEREAS, the Commission has reviewed said Redevelopment Plan as to its conformity with
the general plan for the development of the City of Grand Island, Hall County finding;
The proposed use as described in this plan is in compliance with the Comprehensive Plan for the
City of Grand Island.
NOW, THEREFORE, BE IT RESOLVED BY THE HALL COUNTY REGIONAL
PLANNING COMMISSION AS FOLLOWS:
Section 1. The Commission hereby recommends approval of the Redevelopment Plan.
Section 2. All prior resolutions of the Commission in conflict with the terms and provisions of
this resolution are hereby expressly repealed to the extent of such conflicts.
Section 3. This resolution shall be in full force and effect from and after its passage as provided
by law.
DATED: March 14, 2018
HALL COUNTY REGIONAL PLANNING
COMMISSION
ATTEST:By: ___________________________________
Chair
By: ___________________________________
Secretary
Grand Island Regular Meeting - 3/14/2018 Page 67 / 131
Hall County Regional Planning
Commission
Wednesday, March 14, 2018
Regular Meeting
Item F5
Text Amendments Hall County Zoning Resolution Article 2
Section 2.03 Definitions and Article 4 Sections 4.02 Agricultural-
Primary District; 4.03 Secondary Agricultural District
Staff Contact:
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Agenda Item # 8
PLANNING DIRECTOR MEMO TO REGIONAL PLANNING
March 2, 2018
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 do not proposed to change size categories within the livestock operation mix
although earlier versions did contemplate adding a size between 1001 and 5000. They do address 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. It is recommended that the separation
distances between LFOs and other uses remain as they are in the current regulations. 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.
The Planning department did receive a number of comments on the proposed regulations after the meeting in
April of 2017 many of the comments referenced both the Livestock Friendly County Designation and the proposed
changes. Copies of those comments are included with these proposed changes.
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In May of 2017, the Hall County Board authorized the Planning Department to make an application to the State of
Nebraska Department of Agriculture for Hall County to be designated as Livestock Friendly. The Livestock
Friendly County Designation was officially awarded to the Hall County during the Governor’s Breakfast the first
Sunday of the 2017 Nebraska State Fair.
____________________ Chad Nabity AICP, Planning Director
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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
1
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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.
2
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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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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
B 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,and IV should be allowed to or considered for expansion or construction.
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
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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 permitted LFO with more than 100 animal units located in any affected
adjacent Zoning District.
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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.
4.02.012 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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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 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.
N Race tracks, drag strips and similar uses and associated accessory uses.
O Wind Energy devices.
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ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
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 II, III, and IV 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.
3.4.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 levels
according to total number of animal units (A.U.) in the operation at any one time. Levels will
include:
Class I Facility = 301-1,000 animal units;
Class II Facility = 1,001-5,000 animal units;
Class III 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.
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)
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ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
ECH 1,320 Class I
301-1000 OPEN 1,320
ECH 5,280Class II
1001-5000 OPEN 2,640
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.
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
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ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
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:
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
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ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
(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 points on the
Livestock Siting Matrix found in Appendix B and 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)
1000-
1000300
301001-
1t5,000
5,001-20,000 20,000+
New Residence* near
open lots
1,980 1,9803960 3,960 5,940
New Residence* near
ECH
1,980 1,9807,970 7,920 11,880
*This shall not prohibit building a residence within the specified distance as part of the farming/feeding operation.
Section 4.03: A-2 – Secondary Agricultural Secondary District
4.03.01 Intent
The intent of this district is to recognize the agricultural uses of land and communities; to encourage the
continued use of that land which is suitable for agriculture, but limit the land uses that may be a detriment to
the efficient pursuit of agricultural production.
4.03.02 Permitted Principal Uses
The following principal uses are permitted in the A-2 – Secondary Agricultural Secondary District:
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ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
1.Agriculture, farming, dairy farming, livestock and poultry raising, and all uses commonly classed as
agricultural, with no restrictions as to operation of such vehicles or machinery as are customarily
incidental to such uses, and with no restrictions as to the sale or marketing of products raised on the
premises; provided that the operation is no more than 500 animal units and, that any building,
structure or yard for the raising, confinement, housing, or sale of livestock or poultry shall be located
at least 1,320 feet from a neighbor’s dwelling, and further provided, that there shall be no feeding,
spreading, accumulation or disposal of garbage, rubbish, or offal on any open surface of the land.
2.Churches and publicly owned and operated community buildings, public museums, public libraries.
3.Single-family dwellings, provided the intensity of use and all other requirements of this district are
met. In no case are single-family dwellings permitted on tracts without legal access to an improved
road.
4.Fish hatcheries, apiaries, aviaries.
5.Forests and wildlife reservations, or similar conservation projects.
6.Fur farming for the raising of fur bearing animals.
7.Golf courses and clubhouses customarily accessory thereto, except miniature golf, driving ranges and
other similar activities operated as a business.
8.Hospitals, sanitariums, homes for the aged and feeble minded.
9.Private Kennels, provided the buildings and pens shall be located at least 100 feet from the property
line and 300 feet from any neighboring residence.
10.Mushroom barns and caves.
11.Nurseries, greenhouses, and truck gardens.
12.Philanthropic or eleemosynary institutions.
13.Picnic groves.
14.Publicly owned parks and playgrounds, including public recreation or service building within such
parks, public administrative building, police and fire stations and public utility buildings and
structures.
15.Public schools, elementary and high, and private schools with curriculum equivalent to that of a
public elementary or high school, and institutions of higher learning, including stadiums and
dormitories in conjunction, if located on the campus.
16.Railroad rights-of-way not including railroad yards.
17.Riding stables and riding tracks.
18.Cemeteries and mortuaries.
19.All Permitted Uses as indicated in the Zoning Matrix.
4.03.03 Conditional Uses
The following conditional uses may be allowed as per Article 5 of this Resolution. Approval shall depend upon
the ability of the application to meet specific minimum conditions/requirements. The final consideration may
require additional conditions to be met that are specific to the site in question.
1.Airports and heliports.
2.Bed and breakfast residence subject to the following conditions in addition to those imposed by the
Governing Body:
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.
3.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.
4.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.
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ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
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.
5.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.
6.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.
7.Farm and industrial equipment sales
8.Development of natural resources and the extraction of raw materials, such as rock, gravel,
sand and soil and conditions referred to in Section 6.02 of the Supplemental Regulations.
9.Wind Energy systems
10.The application of manure by any livestock feeding operation (LFO as defined in these
Regulations) from inside or outside the County.
11.Utility installations such as electric substations, sewer lift stations, telephone exchanges, gas
regulators and major transmission lines (not including utility office, repair, storage or
production facilities).
12.Radio, Cellular and television towers and transmitters and subject to the requirements of
Section 6.01 of the Supplemental Regulations.
4.03.04 Permitted Accessory Uses.
The following accessory buildings and uses are permitted in the A-2 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 and shall be removed
upon the completion or abandonment of the construction work.
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ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
4.03.05 Area and Intensity Regulations
In the A-2 - Secondary
Agricultural Secondary District the height of buildings, the minimum dimensions of lots and yards, and the
minimum lot area per family permitted on any lot shall be as follows:
The minimum lot requirements shall be as follows:
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
3 100 30 25 15 25%20,0002 351
Conditional
Uses
3 100 30 25 15 25%20,0002 351
1 for structures intended for human occupancy, all others no restrictions.
4.03.06 Prohibited Uses
Any use not specifically listed as a permitted principal use or permitted accessory use.
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Hall County Regional Planning
Commission
Wednesday, March 14, 2018
Regular Meeting
Item F6
Text Amendment Grand Island Zoning Ordinance Sections 36-22
and 36-96
Staff Contact:
Grand Island Regular Meeting - 3/14/2018 Page 121 / 131
Agenda Item # 9 and 10
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING
COMMISSION:
March 2, 2018
SUBJECT:
Concerning proposed amendments to Section 33-12 Streets and Alleys
relative to street design standards, and proposed amendments to Section 36-
22 Yard Requirements and Section 36-96 Off Street Parking Requirements
relative to garages with doors facing the street. (C-15-2018GI)
PROPOSAL:
To remove Appendix C from the Subdivision Regulations and replace it with the
Street Width Matrix. Appendix C was adopted by Council as the street standards
for the City of Grand Island in 2014. The typical street standards regulated by
Appendix C, including the preferred location for utilities and sidewalks will be
maintained and enforced by the Grand Island Public works department as plans
for new streets are submitted for engineering approval.
The Street Width Matrix will provide guidance to and options for developers
regarding allowable street widths in various zoning districts along with street
parking availability within those districts based on the street width.
Along with these changes City Staff is recommending that the Yard
Requirements and Off Street Parking Requirements be amended to specify that
residential units with garages facing the street need to have a minimum setback
from the garage door to the property line of 25 feet to allow a vehicle to be
parked on the driveway without overhanging the public right of way.
OVERVIEW:
In 2014 the Grand Island City Council adopted revised street standards and
typical street cross sections Addendum C to Chapter 33 of the Grand Island City
Code. These new standards specifically allowed public street widths narrower
than the 37’ standard street with restrictions on parking. Since 2014 some of
these narrower streets have been built and others have been approved with
parking limited to one side of the street. City staff is concerned that long term
this will create enforcement issues. Other communities with a history of parking
on one side of the street have successfully navigated these concerns but a
majority of the City of Grand Island does not have these restrictions. Some
Grand Island Regular Meeting - 3/14/2018 Page 122 / 131
communities allow parking on both sides of the street on narrower streets that
creates issues for maintaining a 20’ fire lane through the street. A 32’ wide street
with parking on one side allows for at least a 24’ wide fire lane.
Kearney has recently approved changes to allow 32’ wide streets with parking on
both sides provided the driveways to the houses are offset in such a manner that
parking is not allowed on both sides of the street at the same location. This
maintains a 24’ fire lane and allows parking on both sides of the street. This
does require that the developer commit to where the driveways will be placed on
the lots at the time of platting and street design. The example below shows how
this can work and provide parking on both sides of the street and maintain the
required widths for emergency access.
RECOMMENDATION:
That the Regional Planning Commission recommend that the Grand Island
City Council approve the changes to the Grand Island Subdivision and
Zoning Ordinances as requested.
___________________ Chad Nabity AICP, Planning Director
Grand Island Regular Meeting - 3/14/2018 Page 123 / 131
§36-22. Yard Requirements
(A) Yard requirements shall be set forth under the Schedule of Lot, Yard, and Bulk Requirements for each
zoning district. Front, side and rear yards shall be provided in accordance with the regulations hereinafter indicated
and shall be unobstructed from the ground level to the sky, except as herein permitted.
(B) All accessory buildings that are attached to principal buildings (e.g., attached garages) shall comply with
the yard requirements of the principal building, unlessexcept as otherwise specified. Residential
Garages with overhead doors facing the street shall
provide a 25 foot setback between the garage door and
the property line.
(C) Front Yard: There shall be a front yard setback as required herein, provided, that where fifty percent or
more of the frontage on one street in any block is built up with buildings, no new building setback shall be less than
either the required setback or the setback of any existing building which next exceeds the required setback,
whichever is greater. This regulation shall not require a setback of more than 50 feet, and in blocks where the lots
have a street frontage of 100 feet or more the regulation shall not require a setback of more than 30 feet.
(D) Side Yard: Any interior side yard may be reduced to zero; provided, that the opposite side yard meets the
required interior side yard setback. Where the zero side yard setback is used, the abutting property must be held
under the same ownership at the time of initial construction or the owners of the abutting property must be agreeable
to the zero setback. A separation of not less than ten (10) feet shall be provided between adjacent structures on
abutting sites where the zero side yard setback is utilized. This requirement shall not apply in an RD Zone or where
the same interior property line is utilized for zero side yard construction on both properties.
For the purpose of upkeep and repair of structures located on an interior property line, a four (4) foot
maintenance easement shall be recorded between the owner of the property containing said structure and the owner
of the property upon which entry must take place in order to perform maintenance activities. Such easement shall be
an irrevocable covenant and shall run with the land. Proof of said recorded easement shall be submitted to the
Building Department prior to issuance of a building permit.
Amended by Ordinance No. 8947, effective 01-05-2005
Amended by Ordinance No. 9294, effective 05-31-2011
§36-96. Off-Street Parking Requirements
(A) Purposes:
(1) It is the intent of this section that all buildings and uses shall provide off-street parking and loading
facilities in a minimum amount as required herein to meet the needs of such buildings and uses on private
property and under the same ownership as such buildings or uses. The accommodations may consist of lots,
garages, or other buildings, and accessories; they may be surface facilities or facilities above or under the
ground.
(2) It is the further intent of this section that all off-street parking and loading spaces and facilities shall be
sited and built according to the requirements contained in this section, and shall require an application for and
issuance of a building permit pursuant to §8-22.
(B) Application. Each building or use hereafter constructed, and each addition to or altered building or use shall be
provided with off-street parking and loading spaces as required herein. Each off-street parking space or loading
facility and space hereafter constructed, upon proper application and permit being granted shall be sited and
constructed pursuant to the requirements of this section. No application for a building permit for such building,
addition, alteration, or use shall be approved unless accompanied by a plot plan showing the location and amount of
off-street parking and loading spaces as required herein for the existing or proposed building or use and including all
such additions or alterations. No occupancy or use permit shall be issued unless the required parking and loading
facilities shall have been provided in accordance with the approved plot plan. Requirements shall be applicable to all
zones and districts but not to include the following business districts or tracts of land as identified below:
(1) Central Business District as identified and described in Chapter 13 of this code as the Downtown
Improvement and Parking District No. 1.
(2) Fourth Street Business District. Beginning at the intersection of Eddy Street and the alley in the block
between Fourth and Fifth Streets; thence easterly on the alley to the intersection of the alley with Sycamore
Street; thence southerly on Sycamore Street to 100 feet south of the south right-of-way line of North Front
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Street; thence westerly on the aforesaid line to its intersection with Eddy Street; thence northerly on Eddy Street
to the point of beginning.
(3) Tracts of land ten acres or more used for seasonal events (one event every three months) of not more than
fourteen consecutive days in duration and a minimum of fourteen days between events.
(C) Area and Computation: An off-street parking space shall be of appropriate dimensions of not less than 180
square feet exclusive of access or maneuvering area, ramps, columns, etc., and shall have a vertical clearance of not
less than seven feet. An off-street loading space shall be of appropriate dimensions of not less than 360 square feet
exclusive of access or maneuvering area, ramps, columns, etc., and shall have a vertical clearance of not less than
fourteen feet. When determination of the number of off-street parking or loading spaces required by this chapter
results in a requirement of a fractional space, any fraction of one-half or less may be disregarded while a fraction in
excess of one-half shall be counted as one parking space.
(D) Location: All off-street parking spaces shall be on the same lot as the building or within 300 feet of the lot.
Permanent off-street parking spaces shall not be permitted within the required front yard setback, provided,
however, that for a building containing three dwelling units or less, one space per unit may be placed within the
front yard setback if such space is not directly in front of the building excluding garages or carports.
Residential Garages with overhead doors facing the street shall provide a
setback between the garage door and the property line equal to or greater
than the setback specified in 36-22. Parking facilities located separate from the building or use
as listed shall have a substantial portion of same within a specified distance of the building or use which it serves.
All off-street loading spaces shall be on the same lot as the building or use served.
(E) Collective Facilities: Off-street parking facilities for separate or mixed buildings or uses may be provided
collectively so long as the total number of spaces is not less than the sum of the separate required spaces, and
provided further, that the requirement concerning location of such facility with respect to distance from the building
or use served shall be complied with. In order to eliminate a multiplicity of entrances and exits and diminish traffic
hazards to conserve space where space is at a premium and to promote orderly development generally, the city
council is hereby authorized to plan and group parking facilities collectively for a number of businesses in a given
area, and especially in the central business district, in such a manner as to obtain a maximum of efficiency and
capacity in parking and traffic movement.
(F) Employee Parking: Parking spaces required on an employee basis shall be based on the maximum number of
employees on duty on the premises at any one time.
(G) Design Standards. All off-street parking and loading facilities shall be designed with appropriate means of
vehicular access to a street or alley and contain adequate and safe maneuvering areas. Detailed plans shall be
submitted to the public works director for approval of all curb cuts or driveway openings before a permit may be
obtained therefor. No signs shall be displayed except such signs as required for the orderly use of the facilities. All
facilities shall be provided with a permanent type, dust-free surface meaning asphaltic cement concrete, Portland
cement concrete, or paving brick.
All parking lots containing five or more parking spaces, which are within 30 feet of property occupied by a
residential use in a Large Lot Residential Zoning District or of property within a Suburban Residential Zoning
District, Low Density Residential Zoning District, Medium Density Residential Zoning District, High Density
Residential Zoning District or Residential Development Zoning District, shall provide a sight-obscuring fence or
screen not less than six feet nor more than eight feet in height along the boundary of the parking lot adjacent to such
districts. No fence or screen shall be required between abutting parking lots or adjacent to an alley. The height of
any fence or screen shall be subject to other restrictions provided by the City Code.
(H) Maintenance: The parking and loading facilities required by this section shall be provided and maintained so
long as the use exists which the facilities are designed to serve. Reasonable precautions must be taken by the owners
of particular uses to assure the use of the parking facilities only by the employees or the social or business visitors of
the premises for which the facilities are provided. The facilities must be so designed and maintained as not to
constitute a nuisance at any time and must not be used in such a manner as to constitute a hazard or unreasonable
impediment to traffic.
(I) Reduction of Number of Spaces: Off-street parking or loading facilities shall not be reduced in total extent, after
their provision required hereunder, except upon the approval of the Board of Adjustment, and then only after proof
that the parking or loading spaces are no longer required by reason of a change in use of the premises of which the
facilities are adjunct.
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(J) Requirement for Uses Not Listed: For any use not listed, the Board of Adjustment shall determine the proper
requirement by classifying the proposed use among the uses specified herein so as to assure equal treatment.
(K) Administration and Enforcement: The off-street parking and loading provisions of this section shall be
administered by the zoning official and enforced by the chief building official, who shall also serve in advisory
capacity to the city council on matters relative to any phase of such provisions.
(L) Penalty for Violation: The provisions of parking and loading facilities as required by this section shall be a
continuing obligation of the owner or sponsor of a given building or use so long as the building or use is in existence
and so long as parking and loading facilities are required hereunder in connection therewith, and it shall be unlawful
to discontinue, change, or dispense with such facilities without establishing alternate facilities that meet the
requirements herein. Penalty provisions applicable to this chapter as a whole shall apply to the violations of these
provisions. In addition, at such time as the facilities required hereunder shall fail to continue to be available for the
purpose, the building permit for the structures to which the facilities are adjunct and the use or occupancy permits
issued for the premises shall be canceled and become null and void.
Amended by Ordinance No. 8976, effective 06-08-2005
Amended by Ordinance No. 9151, effective 12-18-2007
Amended by Ordinance No. 9229, effective 09-09-2009
Amended by Ordinance No. 9574, effective 03-15-2016
Grand Island Regular Meeting - 3/14/2018 Page 126 / 131
Hall County Regional Planning
Commission
Wednesday, March 14, 2018
Regular Meeting
Item F7
Text Amendment Grand Island Subdivision Ordinance Section 33-
12
See the memo for the previous item.
Staff Contact:
Grand Island Regular Meeting - 3/14/2018 Page 127 / 131
§33-12. Streets and Alleys
(1) The arrangement of streets shall conform as nearly as possible to the street plan of the General
Development Plan with provisions for the extension of arterial and collector streets. Streets in
the subdivision, normally shall connect with streets already dedicated in adjoining or adjacent subdivisions, and
provisions may be required for future connections to adjoining unsubdivided tracts.
(2) Local streets should be so planned as to discourage through traffic. Cul-de-sacs should normally not
be longer than five hundred feet and shall terminate with right-of-way turn-around having a diameter of not less than
one hundred feet, and an outside curb diameter of not less than eighty feet for residential areas. Cul-de-sacs within
industrial or commercial areas shall have a right-of-way diameter of not less than 120 feet and an outside curb
diameter of not less than 100 feet.
(3) Collector and Arterial streets should be planned with minimal local street and driveway accesses.
Residential subdivisions should be designed with street patterns that provide driveway access from local streets.
(4) Whenever a proposed subdivision is adjacent to or contains a portion of an existing or proposed
federal or state highway, provision in such subdivision shall be made for one of the following methods of
development:
(a) If the highway is either a non-access or controlled access thoroughfare, one of the following two
methods of development shall be required:
(i) A frontage street adjacent and parallel to such thoroughfare shall be provided; or
(ii) Lots shall back or side to such thoroughfare and have access to another street. Lots in
commercial or industrial zoning districts shall have a landscaped area averaging thirty feet in
width, or other approved landscaping, adjacent to such thoroughfare, and outside storage of
unassembled or unfinished materials or products and inoperable equipment or motor vehicles
shall be suitably screened by a sight-obscuring fence, foliage, or other screening material.
Lots in residential zoning districts shall have a sight-obscuring fence, foliage, or other
screening material adjacent to such thoroughfare. The sight-obscuring fence shall not be metal
strips or slats in a chain link fence.
(b) If the highway is not a non-access or controlled access thoroughfare, one of the following
methods of development shall be required:
(i) Either method required for a non-access or controlled access thoroughfare may be
applied; or
(ii) Lots may have frontage directly on such thoroughfare, provided, that the minimum
setback for any new building in any zoning district shall be thirty feet, and shall be landscaped
except for approved driveways.
(5) Half streets shall be prohibited except where essential to the reasonable development of the
subdivision in conformity with the other requirements of these regulations, or where it is found to be practicable to
require the dedication of the other half when adjoining property is subdivided.
(6) Under normal conditions streets shall be laid out as to intersect as nearly as possible at right angles,
except where topography or other conditions justify variations. More than four approaches to any intersection shall
be prohibited. Street jogs at intersections with centerline offsets of less than 75 feet should be avoided.
(7) Alleys may be provided in commercial and industrial districts. Alleys shall be avoided in residential
districts except to extend existing alleys to a street.
(8) The right-of-way widths, improvements, and grades for streets and alleys included in any subdivision
shall not be less than the minimum right-of-way and outside curb dimensions or less than the minimum grade for
each classification as shown on the Street Width Matrix attached. street cross sections as recommended by the
Grand Island Public Works Department and approved by the Grand Island City council attached as addendum C-
Approved Street Cross Sections.
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Medians
Location: Medians may be located within streets to be dedicated to the public.
Lane width: A minimum unobstructed lane width of twenty (20.0) feet (improved 21' back of curb to back of curb)
is required between the median curb and the street curb.
Landscaping: Medians within the public right-of-way may be landscaped, maintenance of landscaped medians shall
be the responsibility of a property owners association created at or before filing the final plat. The city will maintain
concrete medians or bricked medians within the public right-of-way.
All streets shall be designed and graded to the full right-of-way widths stated.
(9) Drives, streets, or roadways within condominium, townhouse, or planned unit developments shall
have a minimum right-of-way, improvement, and grade as determined by agreement between the subdivider, public
works director, director of Planning, and approved by the city council.
(10) The horizontal alignment on all streets except in unusual cases shall be as follows:
Radii of Horizontal Curves (Center Line)
Arterial Streets.................................................. 700' minimum
Collector Streets............................................... 300' minimum
Local Streets..................................................... 100' minimum
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Street Width Matrix
Paving WidthZone26'30'32'37'40'41'65'
AG-1 Primary Agricultural Zone
AG-2 Secondary Agricultural Zone
AG-SC Special Agricultural / Conservation Zone
AG-SE Special Agricultural / Events Zone
AG-SI Special Agricultural / Industrial Zone
SRC Special Recreation / Conservation Zone
TA Transitional Agricultural Zone
Subject to Design Review
LLR Large Lot Residential Zone SP -P P ---
R-1 Suburban Residential Zone --P SP -SP*-
R-2 Low Density Residential Zone --P SP -SP*-
R-3 Medium Density Residential Zone --P P -P*-
R-3SL Small Lot Residential Zone P -P P -P*-
R-4 High Density Residential Zone P -P P -P -
RO Residential Office Zone P --SP -SP*-
B-1 Light Business Zone -----SP SP*
B-2 General Business Zone -----SP SP*
AC Arterial Commercial Overlay Zone -----SP SP*
B-3 Heavy Business Zone -----SP SP*
ME Industrial Estates Zone -SP --SP*--
M-1 Light Manufacturing Zone -SP --SP*--
M-2 Heavy Manufacturing Zone -SP --SP*--
M-3 Mixed Use Manufacturing Zone -SP --SP*--
CD Commercial Development Zone
TD Travel Development Zone
RD Residential Development Zone
A Airport Zone
GCO Gateway Corridor Overlay District
M and MD Manufactured Home Overlay Zone
Subject to Design Review
SP Follow standard cross section plan.
P Designed Residential
*Wider street width required by subdivision committee on streets acting
as collectors/arterials
-Street width not allowed in this zoning class.
Note: There may be exceptions in certain
situations.
Designed Residential Development
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Driveway widths restricted on average lot width.
Lot Width Max Driveway Width
100’+ - 71’36' wide
70'-51'24' wide
50’-min 12’ wide 12' wide
Widths don’t include flare per standard driveway detail
Flare must occur on lot on which driveway is
serving
Driveway location must be planned and approved by subdivision committee. This would include staggered
locations to allow for 20’ of clear zone for fire and emergency vehicles while moving down the street.
Off street parking per dwelling must be considered with design.
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