01-06-2021 Regional Planning Regular Meeting Packet
Hall County Regional
Planning Commission
Wednesday, January 6, 2021
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:
Norma Hernandez
6:00 PM
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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, January 6, 2021
Regular Meeting
Item A1
Agenda 1-6-21
Staff Contact:
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AGENDA AND NOTICE OF MEETING
Wednesday, January 6, 2021
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 December 2, 2020.
3. Request Time to Speak.
4. Public Hearing Consideration of a Site Specific Redevelopment Plan for Cairo
Business Park Second Subdivision-Cairo
Public hearing concerning an amendment to the redevelopment plan for a blighted area in
Cairo on property located within the Cairo Business Park Second Subdivision. Located
south of One-R Road and west of 130th Road. The request calls for commercial and
industrial development of lots 3-18 of the Cairo Business Park Second Subdivision. (C-
07-2021C)
5. Public Hearing Readoption of the Doniphan Zoning Ordinance – Doniphan Public
Hearing to re-adopt the Village of Doniphan Zoning Ordinance, with proposed changes.
(C-08-2021D)
6. Public Hearing Readoption of the Doniphan Zoning Map – Grand Island Public
Hearing to re-adopt the Village of Doniphan Zoning Map.as produced using the Hall
County Geographic Information System. (C-08-2021D)
7. Public Hearing Change of Zoning-Grand Island Public hearing to consider a change of
zoning from B2 General Business and TA Transitional Agriculture within a GCO Gateway
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Corridor Overlay District to ME Manufacturing Estates within a GCO Gateway Corridor
Overlay District for Lot 1 of Lewis Acres Subdivision located east of U.S. Highway 281 and
south of Wildwood Road in Grand Island. (C-06-2021GI)
8. Public Hearing Change of Zoning-Grand Island Public hearing to consider a change of
zoning from RO Residential Office to R3-Medium Density Residential, R3-SL Medium
Density Residential Small Lot and B2 General Business for property located west of
Independence Avenue and south of Nebraska Highway 2. (C-09-2021GI)
9. Preliminary and Final Plat – Highland North Subdivision- Grand Island- Located west of
Independence Avenue and south of Nebraska Highway 2 in the City of Grand Island.
1. Preliminary Plat 135 lots, 25.1 acres. This property is zoned RO Residential
Office. An application to rezone the property is also being considered.
2. Final Plat 10 lots, 2.647 acres. This property is zoned RO Residential Office.
An application to rezone the property to R3 Medium Density Residential is being
considered.
10. Directors Report
11. Next Meeting February 3, 2021.
12. Adjourn.
PLEASE NOTE: This meeting is open to the public, and a current agenda is on file at the
office of the Regional Planning Commission, located on the second floor of City Hall in
Grand Island, Nebraska.
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Staff Summary January 2021 Page 1
Staff Recommendation Summary
For Regional Planning Commission Meeting
January 6, 2021
4. Public Hearing Consideration of a Site Specific Redevelopment Plan
for Cairo Business Park Second Subdivision-Cairo
Public hearing concerning an amendment to the redevelopment plan for a
blighted area in Cairo on property located within the Cairo Business Park
Second Subdivision. Located south of One-R Road and west of 130th
Road. The request calls for commercial and industrial development of lots
3-18 of the Cairo Business Park Second Subdivision. (C-07-2021C) See
Full Staff Report and Plan (Hearing, Discussion, Action)
5. Public Hearing Readoption of the Doniphan Zoning Ordinance –
Doniphan Public Hearing to re-adopt the Village of Doniphan Zoning
Ordinance, with proposed changes. (C-08-2021D) A readoption of the full
Doniphan Zoning Regulations with changes as requested by the Doniphan
Village Board and recommend by Planning Department Staff. Changes
are included in full report in red. See Full Staff Report (Hearing,
Discussion, Action)
6. Public Hearing Readoption of the Doniphan Zoning Map – Grand
Island Public Hearing to re-adopt the Village of Doniphan Zoning Map.as
produced using the Hall County Geographic Information System. (C-08-
2021D) This incorporates all approved zoning changes since the original
adoption and adjusts boundaries to match lot lines. See Full Staff Report
(Hearing, Discussion, Action)
7. Public Hearing Change of Zoning-Grand Island Public hearing to
consider a change of zoning from B2 General Business and TA
Transitional Agriculture within a GCO Gateway Corridor Overlay District to
ME Manufacturing Estates within a GCO Gateway Corridor Overlay District
for Lot 1 of Lewis Acres Subdivision located east of U.S. Highway 281 and
south of Wildwood Road in Grand Island. (C-06-2021GI) See Full Staff
Report (Hearing, Discussion, Action)
8. Public Hearing Change of Zoning-Grand Island Public hearing to
consider a change of zoning from RO Residential Office to R3-Medium
Density Residential, R3-SL Medium Density Residential Small Lot and B2
General Business for property located west of Independence Avenue and
south of Nebraska Highway 2. (C-09-2021GI) See Full Staff Report
(Hearing, Discussion, Action)
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Staff Summary January 2021 Page 2
9. Preliminary and Final Plat – Highland North Subdivision- Grand
Island- Located west of Independence Avenue and south of Nebraska
Highway 2 in the City of Grand Island.
1. Preliminary Plat 135 lots, 25.1 acres. This property is zoned
RO Residential Office. An application to rezone the property
is also being considered.
2. Final Plat 10 lots, 2.647 acres. This property is zoned RO
Residential Office. An application to rezone the property to
R3 Medium Density Residential is being considered.
Recommendations are subject to rezoning approval. All proposed lots will be
served by city streets (31’ proposed with offsetting driveways), city sewer, city
water and storm sewer. (Discussion, Action)
Next Meeting February 3, 2021.
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Hall County Regional Planning
Commission
Wednesday, January 6, 2021
Regular Meeting
Item E1
Meeting Minutes 12/2/20
Staff Contact:
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THE REGIONAL PLANNING COMMISSION OF HALL COUNTY, GRAND ISLAND,
WOOD RIVER AND THE VILLAGES OF ALDA, CAIRO, AND DONIPHAN,
NEBRASKA
Minutes
for
December 2, 2020
The meeting of the Regional Planning Commission was held Wednesday, December 2, 2020 at
City Hall – Grand Island, Nebraska. Notice of this meeting appeared in the “Grand Island
Independent” on November 21, 2020.
Present: Leslie Ruge Pat O’Neill Darrel Nelson
Jaye Monter Tyler Doane Tony Randone
Hector Rubio Carla Maurer Judd Allan
Leonard Rainforth Greg Robb
Absent: Robin Hendricksen
Other:
Staff: Chad Nabity and Norma Hernandez
Press:
1.Call to order.
Chairman O’Neill called the meeting to order at 6:05 p.m.
O’Neill stated that this was a public meeting subject to the open meetings laws of the
State of Nebraska. He noted that the requirements for an open meeting are posted on
the wall in the room and easily accessible to anyone who may be interested in reading
them.
O’Neill also noted the Planning Commission may vote to go into Closed Session on
any agenda item as allowed by State Law.
The Commission will discuss and may take action on any item listed on this agenda.
The order of items on the agenda may be reorganized by the Chair to facilitate the flow
Grand Island Regular Meeting - 1/6/2021 Page 9 / 191
of the meeting to better accommodate the public.
2. Minutes of the November 4, 2020 meeting.
A motion was made by Rainforth and second by Nelson to approve the minutes
of the November 4, 2020 meeting.
The motion carried with eight members voting in favor (O’Neill, Ruge, Monter,
Rainforth, Robb, Maurer, Doane and Rubio) and three abstaining (Nelson, Allan,
Randone).
3.Request Time to Speak.
The following requested time to speak during discussion:
4.Public Hearing - Consideration of a Site Specific Redevelopment Plan for
CRA Area #2 Fonner View Center 1201 S. Locust – Grand Island –
Concerning an amendment to the redevelopment plan for CRA Area No. 2 for
1201 S. Locust – Fonner View Center – south of Fonner Park Road and east of
Locust Street. The request calls for redevelopment and renovation of the
commercial space at this location. (C-05-2021GI)
O’Neill opened the public hearing.
Nabity stated the requests calls for redevelopment and renovation of the
commercial space located at 1201 S. Locust. Ray O’Connor has purchased the
property and has summited an application for TIF. Mr. O’Connor is proposing
to redevelop and rehabilitate this commercial space. The property is located in
Blighted and Substandard Area 2 and the property is zoned B-2 AC General
Business with an Arterial Commercial Overlay Zone. The intended use is for
commercial retail and office space.
This project is consistent with existing zoning and the future land use plan for
this area within the City of Grand Island.
O’Neill closed the public hearing.
A motion was made by Robb and second by Maurer to approve amendment to the
redevelopment plan for CRA Area No. 2 Fonner View 1201 S. Locust and resolution
2021-01.
The motion was carried with eleven members voting in favor (O’Neill, Ruge, Doane,
Monter, Maurer, Robb, Rubio, Allan, Randone, Nelson and Rainforth) with no
members voting no.
5.Public Hearing – Readoption of the Grand Island Zoning Map – Grand Island -
Public Hearing to re-adopt the City of Grand Island Zoning Map, with proposed
changes as produced using the Hall County Geographic Information System.
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(C-04-2021GI)
O’Neill opened the public hearing.
Nabity explained a proposal to re-adopt the City of Grand Island Zoning map is brought
forward every 18 months or 2 years. The City of Grand Island occasionally re-adopts
the zoning map incorporating all changes since the last re-adoption of the entire map
along with other changes as recommended. Nabity detailed the changes that had been
approved since the last readoption both zoning and annexations as included in the staff
report and described the other changes that staff is recommending as included in the
report.
A motion was made by Ruge and second by Randone to approve to re-adopt the City of
Grand Island Zoning map with proposed changes.
The motion was carried with eleven members voting in favor (O’Neill, Ruge, Doane,
Monter, Maurer, Robb, Rubio, Allan, Randone, Nelson and Rainforth) with no
members voting no.
6.Final Plat – Beckett Subdivision – Grand Island – Located west of Stuhr Road and
north of Stolley Park Road in Hall County Nebraska within the 2 mile ETJ of Grand
Island, Nebraska. (2 lots, 10.011 acres) This property is zoned TA Transitional
Agriculture Zone.
A motion was made by Robb and second by Rainforth to approve Beckett Subdivision
waiving the minimum lot size as there are 2 existing homes on the property and this
will allow them to be split.
The motion was carried with eleven members voting in favor (O’Neill, Ruge, Doane,
Monter, Robb, Rubio, Randone, Allan, Robb, Nelson and Rainforth) with no members
voting no.
7.Director’s Report.
Nabity congratulated Commission Maurer for her election to the Doniphan Village
Board and the commission gave her a round of applause.
Next Meeting January 6, 2021
O’Neill adjourned the meeting at 6:22 p.m.
___________________________________________
Leslie Ruge, Secretary
By Norma Hernandez
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Hall County Regional Planning
Commission
Wednesday, January 6, 2021
Regular Meeting
Item F1
Public Hearing - Redevelopment Plan for Cairo Business Park
Second Subdivision
Staff Contact:
Grand Island Regular Meeting - 1/6/2021 Page 12 / 191
Agenda Item #4
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION:
December 7, 2020
SUBJECT:
Redevelopment plan amendment for property located in a Blighted and Substandard Area
within the Village of Cairo Nebraska. Property included is Lots 3-18 of Cairo Business Park
Second Subdivision in Cairo Hall County, Nebraska. (C-07-2021C)
PROPOSAL:
The Village of Cairo CRA has prepared a redevelopment plan that proposes to authorize the
use of Tax Increment Financing to pay for development costs of property located in the Cairo
Business Park Subdivision for industrial and commercial uses. The property is zoned I-2 Heavy
Industrial proposed use is consistent with the current zoning and future land use of the property.
OVERVIEW:
The purpose of the CRA and the designated blight and substandard area is to provide
incentives for development in underdeveloped areas of the community. It is anticipated that
this property would continue to be used for commercial and industrial. This area has
already been declared blighted and substandard by the CRA, the Hall County Regional
Planning Commission and the Cairo Village Boar.
This project is consistent with the existing zoning and the future land use plan for this
area within the Village of Cairo. This is evident by the fact that the property is zoned I-2
Heavy Industrial. The I-2 zone allows a variety of commercial and industrial uses.
The Regional Planning Commission recommendation is limited to the appropriateness of the
proposed use at this location. The Cairo Comprehensive Plan calls industrial development
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 commercial and industrial
development at this location appears to be supported by the plan.
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RECOMMENDATION:
That the Regional Planning Commission recommends that Village Board approve of the
redevelopment plan amendment as submitted. A resolution is attached for your
consideration.
___________________ Chad Nabity AICP, Planning Director
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Resolution Number 2021-02
HALL COUNTY REGIONAL PLANNING COMMISSION
A RESOLUTION RECOMMENDING APPROVAL OF A REDEVELOPMENT
PLAN AMENDMENT FOR THE VILLAGE OF CAIRO NEBRASKA; AND
APPROVAL OF RELATED ACTIONS
WHEREAS, the Chairman and Board of the Community Redevelopment Authority of the
Village of Cairo, Nebraska (the “Authority”), referred the Redevelopment Plan Amendment for lots
3-18 inclusive of the Cairo Business Park Second Subdivision. 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 Village of Cairo, 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 Village of Cairo, Hall County;
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: January 6, 2021.
HALL COUNTY REGIONAL PLANNING
COMMISSION
ATTEST: By: ___________________________________
Chair
By: ___________________________________
Secretary
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Hall County Regional Planning
Commission
Wednesday, January 6, 2021
Regular Meeting
Item F2
Public Hearing - Re-adoption - Village of Doniphan Zoning map
Staff Contact:
Grand Island Regular Meeting - 1/6/2021 Page 24 / 191
Agenda Item # 6
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING
December 29, 2020
SUBJECT: Concerning the re-adoption of the Village of Doniphan Zoning Map as produced using the Hall County
Geographic Information System as the official zoning map for the Village of Doniphan. (C-08-2021D)
PROPOSAL:
In May of 2005 the Village of Doniphan approved a map produced using the Hall County GIS as the official zoning
map for the Village of Doniphan based on the 2004 Comprehensive Plan for the Village of Doniphan with all
changes to the map as approved through May 2005. This map has been amended with zoning changes and
annexations since that time. As a matter of course, the Village of Doniphan will occasionally re-adopt the zoning
map incorporating all changes since the last re-adoption of the entire map along with other changes as
recommended by staff and the Hall County Regional Planning Commission. This will allow a newly revised and
adopted copy of the map to be printed for official use by the Village Board, staff and the general public. This
hearing is being held for that purpose. This map will also serve to give notice to all parties that the Village of
Doniphan City limits, and 1-mile extraterritorial jurisdiction, is as shown on the map.
BACKGROUND:
ZONING CHANGES
The following chart shows the changes that have been approved by the Regional Planning Commission and the
Doniphan Village Board since May 2005.
ID Change Legal Case
1 TA Zone to I1 Zone A tract of land located in part of the N1/2 SE ¼ Section 5,
Township 9, Range 9 west, of the 6th P.M., in Hall County,
Nebraska.
C-19-
2006D
2 R3 Zone to HC Zone For land proposed for platting as Lot 1 of Back Home
Subdivision, comprising a part of the West Half of the
Southwest Quarter (W1/2SW1/4) of Section 5, Township 9
North, Range 9, West of the 6th P.M., Hall County,
Nebraska
C-06-
2007D
3 TA Zone to I1 Zone Doniphan TWP SE Corner PT E 1/2 SE 1/4 in Hall County,
Nebraska
C-02-
2012D
4 R3 Zone to GC Zone A tract of land comprising of Lot One (1), in Block Three
(3), in the Original Town of Doniphan, Hall County,
Nebraska
C-20-
2013D
5 TA Zone to GC Zone A tract of land in the SE ¼ of the NE ¼ of Section 1,
Township 9 N, Range 10 W, of the 6th P.M., Hall County,
Nebraska.
C-17-
2020D
The changes shown on this chart are represented on the new version of the Village of Doniphan Zoning map. A
map delineating the location of these changes is attached.
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ANNEXATIONS
A total of 2 areas (2.7 Acres) were annexed into the Village of Doniphan between May 2005 and December
2020.This map will not be adopted until the January 2021 Village Board meeting with an effective date of
February 1, 2021
Id Ord Location
1 538 Crane View Second Subdivision
2 545 Part Crane-View Third Subdivision
No changes to the Village of Doniphan Extraterritorial Jurisdiction were made due to these annexations.
The changes shown on this chart are represented on a new version the Village of Doniphan Municipal Boundary
as additions. A map delineating the location of these changes is attached.
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OTHER PROPOSED CHANGES
Zoning Districts are not always changed as incremental changes are made to street alignments and lot layout
within subdivisions. Changes are not always made as annexation occurs. It is appropriate to occasionally
consider changing zoning on properties to more accurately reflect the surrounding area. The Planning staff is
recommending the changes below for adoption as part of the new zoning map.
Staff is suggesting the two changes as follows:
1. Staff is suggesting to rezone the western portion of Lot 1 Part Crane-View Third Subdivision from GC
General Commercial Zone to HC Highway Commercial Zone to eliminate having 2 zoning districts on
one lot, making it consistent across the lot.
The attached Zoning Map shows the new map as it would look if all of the proposed changes are adopted by the
Village of Doniphan Board members. The proposed effective date for this map is Feburary 1, 2021. It is
expected that the Doniphan Village Board will consider approval of the map at their meeting in January 2021.
RECOMMENDATION:
That the Regional Planning Commission recommend that the Doniphan Village Board adopt this map as
presented as the official Zoning Map for the Village of Doniphan.
____________________ Chad Nabity AICP, Planning Director
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Hall County Regional Planning
Commission
Wednesday, January 6, 2021
Regular Meeting
Item F3
Public Hearing - Readoption of Doniphan Zoning Ordinance
Staff Contact:
Grand Island Regular Meeting - 1/6/2021 Page 31 / 191
Agenda Item #4
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION:
December 28, 2020
SUBJECT:
Zoning Regulations Doniphan Nebraska. (C-08-2021D)
PROPOSAL:
The Village of Doniphan has requested that planning department staff and the Regional
Planning Commission review the Doniphan Zoning regulations and make recommendations on
potential changes. Specifically they asked that staff draft language to allow residential uses in
the commercial zoning districts, review the sign regulations and review the allowable square
footage as well as amending the setbacks in the commercial districts. They also requested a
general review of the regulations.
OVERVIEW:
Staff review the specific section of the code requested and did a general review of other
sections. The proposed changes can be found in the attached ordinance. Staff is
suggesting that the Village readopt the zoning regulations as a complete package not just
amending portions of the ordinance. Proposed changes are shown in red. Underline and
italics indicate new language, strike through indicates language to be removed or replaced.
As part of that review some definitions were changed or moved. This includes adding the
group home definitions that were recommended in 2017. All abbreviations for zoning
districts were reviewed for consistency across the document.
Staff is suggesting adding language to the non-conforming uses section to allow the Village
Board to grant an extension or rebuilding of a non-conforming use in certain circumstances.
This provision is in the Grand Island and Hall County regulations.
Minor changes were made to add clarification to the fee schedule section.
Setbacks were compared to the regulation that were in place prior to the adoption of this set
of regulations in December 2003 and reset to those for similar zoning districts. In addition
notes were added where necessary to provide clarification on the setback tables.
Accessory structures were limited to 50% of the allowable coverage for each district.
Section 5.14 a table with all of the Lot and Area Requirements for the districts has been
eliminated from the document to avoid confusion in case a change is made within the district
but not on the table. A similar table for quick reference can be provided with the regulation
without being part of the regulation.
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Density limitations were added to the multifamily dwellings permitted in the R-3 zoning
district.
The General Commercial GC and Downtown Commercial BGC district were amended to
allow residential uses and professional trades including assembly and fabrication accessory
to such uses.
The Sign Schedule was amended to allow more signage in a manner similar to the
regulations in Grand Island.
Article 8 Flood Plain Regulations was updated to the 2017 model ordinance recommend by
the Nebraska Department of Natural Resources and submitted to them for review and
approval. These will meet the latest requirements by the State of Nebraska and FEMA for
compliance with the laws regarding flood plain management and eligibility to participate in
the National Flood Insurance Program.
RECOMMENDATION:
That the Regional Planning Commission recommends that Village Board approve of the
zoning regulations as submitted.
___________________ Chad Nabity AICP, Planning Director
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DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 Readopted January 2021 i
TABLE OF CONTENTS
ARTICLE 1: TITLE AND PURPOSE ................................................................................................................... 1
SECTION 1.01 TITLE ........................................................................................................................................... 1
SECTION 1.02 PURPOSE ...................................................................................................................................... 1
ARTICLE 2: DEFINITIONS .................................................................................................................................. 2
SECTION 2.01 RULES .......................................................................................................................................... 2
SECTION 2.02 DEFINITIONS ................................................................................................................................ 2
ARTICLE 3: DISTRICTS AND OFFICIAL MAP .............................................................................................. 34
SECTION 3.01 DISTRICTS .................................................................................................................................. 34
SECTION 3.02 PROVISION FOR OFFICIAL ZONING MAP ..................................................................................... 34
ARTICLE 4: GENERAL PROVISIONS ............................................................................................................. 35
SECTION 4.01 PLANNING COMMISSION RECOMMENDATIONS ........................................................................... 35
SECTION 4.02 DISTRICT REGULATIONS,RESTRICTIONS,BOUNDARY CREATION .............................................. 35
SECTION 4.03 JURISDICTION ............................................................................................................................. 35
SECTION 4.04 PROVISIONS OF ORDINANCE DECLARED TO BE MINIMUM REQUIREMENTS ................................ 35
SECTION 4.05 ZONING AFFECTS EVERY BUILDING AND USE............................................................................ 35
SECTION 4.06 LOT ............................................................................................................................................ 35
SECTION 4.07 REDUCTIONS IN LOT AREA PROHIBITED .................................................................................... 36
SECTION 4.08 OBSTRUCTIONS TO VISION AT STREET INTERSECTIONS PROHIBITED ......................................... 36
SECTION 4.09 YARD REQUIREMENTS ............................................................................................................... 36
SECTION 4.10 DRAINAGE.................................................................................................................................. 36
SECTION 4.11 PERMITTED OBSTRUCTIONS IN REQUIRED YARDS ..................................................................... 36
SECTION 4.12 ACCESSORY BUILDINGS AND USES ............................................................................................ 37
SECTION 4.13 PERMITTED MODIFICATIONS OF HEIGHT REGULATIONS ............................................................ 37
SECTION 4.14 STRUCTURES INTENDED FOR HUMAN OCCUPANCY.................................................................... 37
SECTION 4.15 NONCONFORMING,GENERAL INTENT ........................................................................................ 38
SECTION 4.16 NONCONFORMING LOTS OF RECORD .......................................................................................... 38
SECTION 4.17 NONCONFORMING STRUCTURES ................................................................................................ 38
SECTION 4.18 NONCONFORMING USES ............................................................................................................. 39
SECTION 4.19 REPAIRS AND MAINTENANCE ..................................................................................................... 39
SECTION 4.20 USES PERMITTED BY CONDITIONAL USE PERMIT NOT NONCONFORMING USES ......................... 40
SECTION 4.21 NONCONFORMING BUILDINGS AND USES; EXTENSION OF NONCONFORMING USES ..................... 40
SECTION 4.22 FEES ........................................................................................................................................... 40
SECTION 4.23 PUBLIC USES .............................................................................................................................. 40
ARTICLE 5: ZONING DISTRICTS .................................................................................................................... 41
SECTION 5.01 DISTRICTS;USE .......................................................................................................................... 41
SECTION 5.02 DISTRICTS;BOUNDARIES ........................................................................................................... 41
SECTION 5.03 RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES ........................................................... 41
SECTION 5.04 ANNEXATION AND CONFORMANCE WITH THE LAND USE PLAN ................................................. 42
SECTION 5.05 AG -AGRICULTURAL DISTRICT ................................................................................................. 43
SECTION 5.06 TA -TRANSITIONAL AGRICULTURE DISTRICT ........................................................................... 45
SECTION 5.07 R-9 -SINGLE-FAMILY RESIDENTIAL DISTRICT........................................................................... 47
SECTION 5.08 R-6 -MULTIPLE-FAMILY RESIDENTIAL DISTRICT ...................................................................... 48
SECTION 5.08 R-3 -MULTIPLE-FAMILY RESIDENTIAL DISTRICT ...................................................................... 50
SECTION 5.09 RM -MOBILE HOME RESIDENTIAL DISTRICT ............................................................................ 52
SECTION 5.09 CBD BGC DOWNTOWN COMMERCIAL DISTRICT....................................................................... 54
SECTION 5.10 GC -GENERAL COMMERCIAL DISTRICT .................................................................................... 56
SECTION 5.11 HC -HIGHWAY COMMERCIAL DISTRICT .................................................................................... 58
SECTION 5.12 I-1 –LIGHT INDUSTRIAL DISTRICT ............................................................................................. 61
SEE SECTION 7.16 OF THE SUPPLEMENTAL REGULATIONS ..................................................................................... 64
SECTION 5.15 PUD PLANNED UNIT DEVELOPMENT .................................................................................... 65
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DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 Readopted January 2021 ii
SECTION 5.14 LOT AND AREA REQUIREMENTS ................................................................................................ 70
ARTICLE 6: CONDITIONAL USE PERMITS .................................................................................................. 71
SECTION 6.01 GENERAL PROVISIONS ............................................................................................................... 71
SECTION 6.02 APPLICATION FOR CONDITIONAL USE PERMITS ......................................................................... 71
SECTION 6.03 PUBLIC HEARING ....................................................................................................................... 71
SECTION 6.04 DECISIONS.................................................................................................................................. 71
SECTION 6.05 STANDARDS ............................................................................................................................... 71
ARTICLE 7: SUPPLEMENTAL REGULATIONS............................................................................................ 73
SECTION 7.01 OFF-STREET AUTOMOBILE STORAGE ......................................................................................... 73
SECTION 7.02 OFF-STREET PARKING:SHARED PARKING REQUIREMENTS ........................................................ 73
SECTION 7.03 SCHEDULE OF MINIMUM OFF-STREET PARKING AND LOADING REQUIREMENTS ....................... 74
SECTION 7.04 OFF-STREET PARKING:PARKING FOR INDIVIDUALS WITH DISABILITIES .................................... 75
SECTION 7.05 OFF-STREET PARKING DESIGN CRITERIA ................................................................................... 76
SECTION 7.06 SIGNS:STANDARD OF MEASUREMENT ...................................................................................... 77
SECTION 7.07 SIGNS:AREA COMPUTATION ..................................................................................................... 77
SECTION 7.08 SIGN SCHEDULE ......................................................................................................................... 78
SECTION 7.09 SIGNS:SPECIAL CONDITIONS .................................................................................................... 78
SECTION 7.10 HOME OCCUPATION STANDARDS ............................................................................................... 79
SECTION 7.12 FENCES ...................................................................................................................................... 96
SECTION 7.13 PERFORMANCE STANDARDS FOR INDUSTRIAL USES .................................................................. 96
SECTION 7.14 LANDSCAPING REQUIREMENTS .................................................................................................. 97
ARTICLE 8: FLOOD PLAIN REGULATIONS ................................................................................................ 104
SECTION 8.01 STATUTORY AUTHORIZATION,FINDINGS OF FACT AND PURPOSES .......................................... 104
SECTION 8.02 GENERAL PROVISIONS ............................................................................................................. 105
SECTION 8.03 ESTABLISHMENT OF ZONING DISTRICTS .................................................................................. 106
SECTION 8.04 FLOOD PLAIN MANAGEMENT ADMINISTRATION ESTABLISHMENT OF ZONING DISTRICTS ....... 106
SECTION 8.05 STANDARDS FOR FLOODPLAIN DEVELOPMENT ........................................................................ 110
SECTION 8.06:NONCONFORMING USE............................................................................................................. 115
SECTION 8.07:AMENDMENTS .......................................................................................................................... 115
SECTION 8.08:DEFINITIONS ............................................................................................................................ 115
ARTICLE 9: ZONING BOARD OF ADJUSTMENT ....................................................................................... 119
SECTION 9.01.ESTABLISHMENT ...................................................................................................................... 119
SECTION 9.02.RULES ...................................................................................................................................... 119
SECTION 9.03.MEETINGS ................................................................................................................................ 119
SECTION 9.04.MINUTES .................................................................................................................................. 119
SECTION 9.05.APPEAL .................................................................................................................................... 119
SECTION 9.06.NOTICE .................................................................................................................................... 119
SECTION 9.07.FEES ......................................................................................................................................... 119
SECTION 9.08.POWERS AND LIMITATIONS ...................................................................................................... 119
SECTION 9.09.ACTION AND VOTE REQUIRED ................................................................................................. 120
SECTION 9.10.APPEALS TO DISTRICT COURT. ................................................................................................. 120
ARTICLE 10: AMENDMENT ............................................................................................................................ 121
SECTION 10.01 AMENDMENTS .......................................................................................................................... 121
SECTION 10.02 PLANNING COMMISSION REVIEW ............................................................................................. 121
SECTION 10.03 BUILDING INSPECTOR .............................................................................................................. 121
SECTION 10.04 ZONING PERMITS ..................................................................................................................... 121
SECTION 10.05 CERTIFICATE OF OCCUPANCY .................................................................................................. 122
SECTION 10.06 PENALTIES ............................................................................................................................... 122
SECTION 10.07 REMEDIES ................................................................................................................................ 122
ARTICLE 11: COMPREHENSIVE PLAN RELATIONSHIP ........................................................................ 123
ARTICLE 12: LEGAL STATUS PROVISIONS .............................................................................................. 123
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DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 Readopted January 2021 iii
SECTION 11.01 SEPARABILITY .......................................................................................................................... 123
SECTION 11.02 PURPOSE OF CATCH HEADS ..................................................................................................... 123
SECTION 11.03 REPEAL OF CONFLICTING ORDINANCES ................................................................................... 123
SECTION 11.04 EFFECTIVE DATE ...................................................................................................................... 123
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ARTICLE 1:TITLE AND PURPOSE
DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 Readopted January 2021 1
ARTICLE 1:TITLE AND PURPOSE
Section 1.01 Title
This Ordinance may be known and may be cited and referred to as the Zoning Ordinance of the Village of
Doniphan, Nebraska.
Section 1.02 Purpose
This ordinance has been made in accordance with the Doniphan Comprehensive Development Plan to promote the
health, safety, and general welfare of the community; to lessen congestion in streets; to secure safety from fire and
other dangers; to provide adequate light and air; to promote the distribution of population, land classifications and
land development to support provisions for adequate transportation, water flows, water supply, drainage, sanitation,
recreation, and other public requirements; to protect property against blight and depreciation; and to secure
economy in governmental expenditures.
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ARTICLE 2:DEFINITIONS
DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 Readopted January 2021 2
ARTICLE 2:DEFINITIONS
Section 2.01 Rules
For the purpose of this ordinance the following rules shall apply:
2.01.01 Words and numbers used singularly shall include the plural. Words and numbers used in the plural shall
include the singular. Words used in the present tense shall include the future.
2.01.02 The word "persons" includes a corporation, members of a partnership or other business organization, a
committee, board, Board, commission, trustee, receiver, agent or other representative.
2.01.03 The word "shall" is mandatory. The word “may” is permissive.
2.01.04 The words "use", "used", "occupy" or "occupied" as applied to any land or building shall be construed to
include the words "intended", "arranged" or "designed" to be used or occupied.
2.01.05 The word "commission" shall refer to the Hall County Regional Planning Commission.
2.01.06 Undefined words or terms not herein defined shall have their ordinary meaning in relation to the context.
Section 2.02 Definitions
2.02.01 ABANDONMENT shall mean to cease or discontinue a use or activity without intent to resume as
distinguished from short term interruptions such as during periods of remodeling, maintenance, or normal
periods of vacation or seasonal closure.
2.02.02 ABUT, ABUTTING shall mean to border on, be contiguous with or have common property or district
lines, including property separated by an alley
2.02.03 ACCESS OR ACCESS WAY shall mean the place, means, or way by which pedestrians and vehicles shall
have safe, adequate and usable ingress and egress to a property or use as required by this Regulation.
2.02.04 ACCESSORY LIVING QUARTERS shall mean living quarters within an accessory building located on
the same premises with the main building, for use by temporary guests of the occupant of the premises,
such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling unit.
2.02.05 ACCESSORY STRUCTURE shall mean a detached subordinate structure or building located on the same
lot with the principal structure, the use of which is incidental and accessory to that of the principal
structure. Customary accessory structures include farm buildings, garages, carports, and storage sheds.
2.02.06 ACCESSORY USE shall mean a use incidental, related, appropriate and clearly subordinate to the main
use of the lot or building, which accessory use does not alter the principal use of the subject lot or affect
other properties in the district.
2.02.07 ACREAGE shall mean any tract or parcel of land in an agricultural district, used for single-family
residential purposes, that does not qualify as a farm or farmstead.
2.02.08 ADJACENT shall mean near, close, or abutting; for example, an Industrial District across the street or
highway from a Residential District shall be considered as "Adjacent".
2.02.09 ADVERTISING STRUCTURE, ON-SITE shall mean any structure used as an outdoor display,
regardless of size or shape, for the purpose of making anything known, the origin or place of sale of which
is on the property with such structure.
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ARTICLE 2:DEFINITIONS
DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 Readopted January 2021 3
2.02.10 ADVERTISING STRUCTURE, OFF-SITE shall mean any structure used as an outdoor display,
regardless of size or shape, for the purpose of making anything known, the origin or place of sale of which
is not on the property with such structure.
2.02.11 AGRICULTURAL BUILDINGS shall mean any building or structure which is necessary or incidental to
the normal conduct of a farming operation, including but not limited to, 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. Residential buildings on a farming operation are subject
to building codes as adapted for residential structures.
2.02.12 AGRICULTURE shall mean the use of land for agricultural purposes, for 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 commercial or industrial development that is non-agricultural or
horticultural.
2.02.13 ALLEY shall mean a minor public service street or public thoroughfare twenty feet (20’) or less in width,
running through a block of lots primarily for vehicular service access to the rear or side of properties
otherwise abutting on another street. Buildings facing an alley shall not be construed as satisfying the
requirements of this regulation related to frontage on a dedicated street.
2.02.14 ALTERATION shall mean any change, addition or modification to the construction or occupancy of an
existing structure.
2.02.15 AMENDMENT shall mean a change in the wording, context, or substance of this Regulation, or an
addition, deletion or change in the district boundaries or classifications upon the Official Zoning Map.
2.02.16 AMUSEMENT ARCADE shall mean a building or a part of a building where five or more pinball
machines, video games, or other similar player-orientated amusement devices are available and are
maintained for use.
2.02.17 ANIMAL HOSPITAL shall mean a place where animals are given medical care and the boarding of
animals is limited to short-term care incidental to the hospital use.
2.02.18 ANIMAL, DOMESTIC (see Household Pet).
2.02.19 ANTENNA shall mean any attached or external system of wires, poles, rods, reflecting disks or similar
devices used for the transmission or reception of electromagnetic waves. (Also, see Satellite Dish
Antenna and Tower.)
2.02.20 ANTIQUE SHOPS shall mean a place offering primarily antiques for sale. An antique for the purpose of
this ordinance shall be a work of art, piece of furniture, decorative object, or the like, belonging to the past,
at least 30 years old.
2.02.21 APARTMENT shall mean a room or a suite of rooms within an apartment house or multiple family
dwelling arranged, intended or designed for a place of residence of a single family or group of individuals
living together as a single housekeeping unit. (Also, see Dwelling Unit.)
2.02.22 APARTMENT HOUSE (see Dwelling, Multiple Family)
2.02.23 APPROPRIATE shall mean fitting the context of the site and the whole community.
2.02.24 APPURTENANCES shall mean the visible, functional objects accessory to and part of buildings.
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ARTICLE 2:DEFINITIONS
DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 Readopted January 2021 4
2.02.25 ARTISAN PRODUCTION SHOP shall mean a building or portion thereof used for the creation of
original handmade works of art or craft items by more than three but less than six artists or artisans, as
either a principal or accessory use.
2.02.26 ARTIST STUDIO shall mean a place designed to be used, or used as, both a dwelling place and a place of
work by an artist, artisan, or craftsperson, including persons engaged in the application, teaching, or
performance of fine arts such as, but not limited to, drawing, vocal or instrumental music, painting,
sculpture, and writing.
2.02.27 AUTOMOBILE WRECKING YARD shall mean any lot, or the use of any portion of a lot, for the
dismantling or wrecking of automobiles, tractors, farm machinery, or other motor vehicles, or for the
storage or keeping for sale of parts and equipment resulting from such dismantling or wrecking.
2.02.28 BAR shall mean any establishment whose principal business is serving alcoholic beverages at retail for
consumption on the premises. (Also, see Nightclub.)
2.02.29 BASE FLOOD shall mean the flood, from whatever source, having a one percent (1%) chance of being
equaled or exceeded in any given year, otherwise referred to as the 100-year flood.
2.02.30 BASE FLOOD ELEVATION shall mean that elevation, expressed in feet above mean sea level, to which
flooding can be expected to occur on a frequency of once in every 100 years, or which is subject to a one
percent (1%) or greater chance of flooding in any given year.
2.02.31 BASEMENT shall mean a building space partly or completely underground.
2.02.32 BEACON shall mean any light with one or more beams directed into the atmosphere or directed at one or
more points not on the same zone lot as the light source; also, any light with one or more beams that rotate
or move.
2.02.33 BED AND BREAKFAST INN shall mean a house, or portion thereof, where short-term lodging rooms
and meals are provided, and the operator of which shall live on the premises.
2.02.34 BEDROOM shall mean a room within a dwelling unit planned and intended for sleeping, separable from
other rooms by a door.
2.02.35 BERM shall mean a raised form of earth to provide screening or to improve the aesthetic character.
2.02.36 BEST INTERESTS OF COMMUNITY shall mean interests of the community at large and not interest of
the immediate neighborhood.
2.02.37 BILLBOARD (see Sign, Billboard).
2.02.38 BLOCK shall mean a parcel of land platted into lots and bounded by public streets or by waterways, right-
of-ways, unplatted land, Village/County boundaries, or adjoining property lines.
2.02.39 BLOCK FRONTAGE shall mean that section of a block fronting on a street between two intersecting
streets or other block boundary.
2.02.40 BOARD see “Village Board”.
2.02.41 BOARD OF ADJUSTMENT shall mean that Board that has been created by the Village and which has
the statutory authority to hear and determine appeals from, interpretations of, and variances to the zoning
regulations.
2.02.42 BOARDING OR ROOMING HOUSE shall mean a building containing a single dwelling unit and
provisions for not more than five (5) guests, where lodging is provided with or without meals for
compensation.
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ARTICLE 2:DEFINITIONS
DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 Readopted January 2021 5
Building Height Measurements
2.02.43 BREW-ON PREMISES STORE shall mean a facility that provides the ingredients and equipment for a
customer to use to brew malt liquor at the store. Brew-on-premises stores do not include the sale of
intoxicating liquor, unless the owner of the brew-on-premises store holds the appropriate liquor license.
2.02.44 BREW PUB shall mean a restaurant or hotel which includes the brewing of beer as an accessory use. The
brewing operation processes water, malt, hops, and yeast into beer or ale by mashing, cooking, and
fermenting. By definition, these establishments produce no more than 10,000 barrels of beer or ale
annually. The area, by definition, used for brewing, including bottling and kegging shall not exceed 25
percent of the total floor area of the commercial space.
2.02.45 BREWERY shall mean an industrial use that brews ales, beers, meads and/or similar beverages on site.
Breweries are classified as a use that manufactures more than 10,000 barrels of beverage (all beverages
combined) annually.
1.BREWERY, CRAFT shall mean a brew pub or a micro brewery.
2.BREWERY, MICRO shall mean a facility for the production and packaging of malt beverages of low
alcoholic content for distribution, retail or wholesale, on or off premises, with a capacity of not more
than 10,000 barrels per year. The development may include other uses such as standard restaurant,
bar, or live entertainment as otherwise permitted in the zoning district.
2.02.46 BROADCAST TOWER shall mean a structure for the transmission or broadcast of radio, television, radar,
or microwaves which exceeds the maximum height permitted in the district in which it is located;
provided, however, that noncommercial radio towers not exceeding fifty feet (50’) in height shall not be
considered broadcast towers.
2.02.47 BUFFER shall mean a strip of land established to protect one type of land use from another incompatible
land use or between a land use and a private or public road. (Also, see Screening.)
2.02.48 BUILDING shall mean any structure built and maintained for the support, shelter or enclosure of persons,
animals, chattels, or property of any kind, but shall not include temporary buildings as defined in
"Structure, Temporary". Trailers, with or without wheels, shall not be considered buildings.
2.02.49 BUILDING AREA shall mean the sum in square feet of the ground areas occupied by all buildings and
structures on a lot.
2.02.50 BUILDING CODE shall mean the various codes of the Village of Doniphan that regulate construction
and requires building, electrical, mechanical, plumbing and other permits to do work regulated by the
International Building Code, and other codes adopted by the Village that pertain to building construction.
2.02.51 BUILDING HEIGHT shall mean the vertical
distance above grade to the highest point of the
coping of a flat roof or to the deck line of a
mansard roof, or to the average height of the
highest gable of a pitched, hipped, or shed roof,
measured from the highest adjoining sidewalk
or ground surface within a five feet (5’)
horizontal distance of the exterior wall of the
building.
2.02.52 BUILDING INSPECTOR shall mean the
Building Inspector designated by the Village of
Doniphan, Nebraska.
2.02.53 BUILDING SETBACK LINE shall mean the
minimum distance, as prescribed by this
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ARTICLE 2:DEFINITIONS
DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 Readopted January 2021 6
regulation, between any property line and the closest point of the building line or face of any building or
structure related thereto.
2.02.54 CAMPGROUND shall mean a parcel of land intended for the temporary occupancy of tents, campers, and
major recreational vehicles for which the primary purpose is recreational, and having open areas that are
natural in character.
2.02.55 CAR WASH shall mean a building or structure or an area of land with machine or hand operated facilities
for the cleaning, washing, polishing, or waxing of motor vehicles.
2.02.56 CARPORT shall mean a permanent roofed structure with not more than two (2) enclosed sides used or
intended to be used for automobile shelter and storage.
2.02.57 CELLAR shall mean a building space having more than one-half (1/2) of its height below the average
adjoining grade lines.
2.02.58 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.
2.02.59 CHANNEL shall mean the geographical area located within either the natural or artificial banks of a
watercourse or drainway.
2.02.60 CHARITABLE shall mean a public or semi-public institutional use of a philanthropic, charitable,
benevolent, religious, or eleemosynary character, but not including sheltering or caring of animals.
2.02.61 CHILD CARE CENTER shall mean an establishment other than a public or parochial school, which
provides day care, play groups, nursery schools or education for nine (9) or more children under age 13, at
any one time, from families other than that of the provider. In addition to these regulations, Child Care
Centers shall meet all requirements of the State of Nebraska.
2.02.62 CHILD CARE HOME shall mean an operation in the provider's place of residence which serves at least
four (4), but not more than eight (8) children at any one time, from families other than that of the provider.
A Family Child Care Home provider may be approved to serve no more than two (2) additional school-age
children during non-school hours. In addition to these regulations, Child Care Homes shall meet all
requirements of the State of Nebraska.
2.02.63 CHURCH, STOREFRONT shall mean a religious facility contained within a store or similar structure not
typically used for religious activities that are now used as a meeting place for a congregation. Structures
adapted for congregations including barns, stores, warehouses, old public buildings, and single-family
dwellings.
2.02.64 CLEAR VIEW ZONE shall mean the area of a corner lot closest to the intersection, which is kept free of
visual impairment to allow full view of both pedestrian and vehicular traffic. (Also, see Sight Triangle.)
2.02.65 CLUB shall mean an association of persons (whether or not incorporated), religious or otherwise, for a
common purpose, but not including groups which are organized primarily to render a service carried on as
a business for profit.
2.02.66 CODE shall mean the Municipal Code of the Village of Doniphan, Nebraska.
2.02.67 COMMERCIAL FEEDLOT (See “Livestock Feeding Operation).
2.02.68 COMMISSION shall mean the Hall County Regional Planning Commission.
2.02.69 COMMON AREA OR PROPERTY shall mean a parcel or parcels of land, together with the
improvements thereon, the use and enjoyment of which are shared by the Owners of the individual
building sites in a Planned Development or condominium development.
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ARTICLE 2:DEFINITIONS
DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 Readopted January 2021 7
2.02.70 COMMUNITY CENTER shall mean a place, structure, or other facility used for and providing religious,
fraternal, social, and/or recreational programs generally open to the public and designed to accommodate
and serve various segments of the community.
2.02.71 COMPATIBILITY shall mean harmony in the appearance of two or more external design features in the
same vicinity.
2.02.72 COMPATIBLE USE shall mean a land use that is suitable with, tolerant of, and has no adverse effects on
existing neighboring uses. Incompatibility may be caused 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.
2.02.73 COMPREHENSIVE PLAN shall mean the Comprehensive Development Plan of Doniphan, Nebraska as
adopted by the Village Board, setting forth policies for the present and foreseeable future community
welfare as a whole and meeting the purposes and requirements set forth in the Neb. Rev. Stat. §19-903
(R.R.S.1997).
2.02.74 CONDITIONAL USE shall mean a use conditionally allowed by the district regulations, that would not be
appropriate generally throughout the zoning district without restrictions, but which, if controlled as to
number, size, area, location, relation to the neighborhood or other minimal protective characteristics would
not be detrimental to the public health, safety, and general welfare.
2.02.75 CONDITIONAL USE PERMIT shall mean a permit issued by the Village Board that authorizes the
recipient to make a conditional use of property in accordance with the provisions of Article 6 and any
additional conditions placed upon, or required by said permit.
2.02.76 CONDOMINIUM shall mean real estate, portions of which are designated for separate ownership and the
remainder of which is designated for common ownership solely by the owners of those portions, pursuant
to the Nebraska Condominium Act, as set forth in Neb. Rev. Stat. §§ 76-825 to 76-894 (R.R.S.1996).
2.02.77 CONFLICTING LAND USE shall mean the use of property which transfers over neighboring property
lines negative economic or environmental effects, including, but not limited to, noise, vibration, odor,
dust, glare, smoke, pollution, and water vapor, or consists of mismatched land uses, density, height, mass,
or layout of adjacent uses, or results in a loss of privacy or unsightly views.
2.02.78 CONGREGATE HOUSING shall mean a residential facility for four or more persons, their spouses, or
surviving spouses, or other inhabitants, providing living and sleeping facilities including meal preparation,
dining areas, laundry services, room cleaning and common recreational, social, and service facilities for
the exclusive use of all residents including resident staff personnel who occupy a room or unit in the
residential facility either on a temporary or permanent basis.
2.02.79 CONSERVATION shall mean the management of natural resources to prevent waste, destruction, or
degradation.
2.02.80 CONSERVATION AREA shall mean an area of environmentally sensitive and valuable lands protected
from any activity that would significantly alter their ecological integrity, balance or character, except in
the case of an overriding public interest, including but not limited to: wetlands, floodways, flood plains,
drainage ways, river or stream banks, and areas of significant biological productivity or uniqueness.
2.02.81 CONSERVATION EASEMENT shall mean an easement granting a right or interest in real property that
is appropriate to retaining land or water areas predominantly in their natural, scenic, open, or wooded
condition and retaining such areas as suitable habitat for fish, plants, or wildlife, or maintaining existing
land uses.
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ARTICLE 2:DEFINITIONS
DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 Readopted January 2021 8
2.02.82 CONSTRUCTION AND DEMOLITION (C&D) WASTE SITE shall mean a disposal site utilized for
solid building materials and other wastes associated with construction projects including, but not limited
to, such materials as wood, concrete, drywall, masonry, roofing, siding, structural metal, wire, insulation,
plastics, styrofoam, twine, baling and strapping materials, empty cans, empty buckets, packaging
materials, and empty containers, which employs a method of disposal in a manner that minimizes
environmental hazards in accordance with state and federal requirements.
2.02.83 CONVENIENCE STORE shall mean a one-story, retail store containing less than two-thousand (2,000)
square feet of gross floor area that is designed and stocked to sell primarily food, beverages, and other
household supplies to customers who purchase only a relatively few items (in contrast to a "supermarket")
It is dependent on, and is designed to attract and accommodate large volumes of stop-and-go traffic.
2.02.84 CONTIGUOUS shall mean the same as "Abut."
2.02.85 COPY CENTER shall mean a retail establishment that provides duplicating services using photocopying,
blueprint, and offset printing equipment, and may include the collating and binding of booklets and
reports.
2.02.86 CORPORATE LIMITS shall mean all land, structures and open space that has been annexed into the
Village’s jurisdiction. This does not include the extraterritorial jurisdiction of the Village.
2.02.87 COURT shall mean an open, unoccupied space, other than a yard, on the same lot with a building or
buildings and abounded on two (2) or more sides by such building or buildings.
1.COURT, INNER shall mean a court enclosed on all sides by the exterior walls of a building or
buildings.
2.COURT, OUTER shall mean a court enclosed on all but one (1) side by exterior walls of building or
buildings or lot lines on which fences, hedges, or walls are permitted.
2.02.88 CUL-DE-SAC shall mean a short public way, which has only one outlet for vehicular traffic and
terminates in a vehicular turn-around.
2.02.89 CURVE LOT (See “Lot, Curve.”).
2.02.90 DATE OF SUBSTANTIAL COMPLETION shall mean the date certified by the local building/zoning
official when the work, or a designated portion thereof is sufficiently complete, so the owner may occupy
the work or designated portion thereof for the use for which it is intended.
2.02.91 DENSITY shall mean the number of dwelling units per gross acre of land.
2.02.92 DENTENTION BASIN shall mean a facility for the temporary storage of stormwater runoff.
2.02.93 DEVELOPER shall mean any person, corporation, partnership, or entity that is responsible for any
undertaking that requires a building or zoning permit, conditional use permit, subdivision approval, or sign
permit.
2.02.94 DEVELOPMENT shall mean any manmade change to improved or unimproved real estate, including but
not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or
drilling operations for which necessary permits may be required.
2.02.95 DEVELOPMENT CONCEPT PLAN (See Site Plan.).
2.02.96 DEVELOPMENT REVIEW shall mean the review, by the Village, of subdivision plats, site plans,
rezoning requests, or permit review.
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ARTICLE 2:DEFINITIONS
DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 Readopted January 2021 9
2.02.97 DISTRICT OR ZONE shall mean a section or sections of the Zoning Area for which uniform regulations
governing the use of land, the height, use, area, size, and intensity of use of buildings, land, and open
spaces are established.
2.02.98 DOG KENNEL (See Kennel, Commercial; and Kennel, Private).
2.02.99 DOMESTIC ANIMALS (See Household Pet.).
2.02.100 DOWNZONING shall mean a change in zoning classification of land to a less intensive or more
restrictive district, such as from commercial district to residential district or from a multiple family
residential district to single family residential district.
2.02.101 DRAINAGEWAY shall mean any depression two feet or more below the surrounding land serving to
give direction to a current of water less than nine months of the year, having a bed and well-defined
banks; provided, that when there is doubt as to whether a depression is a watercourse or drainway, it
shall be presumed to be a watercourse.
2.02.102 DRIVE-IN FACILITY shall mean an establishment where customers can be served without leaving the
confinement of their vehicle.
2.02.103 DRIVEWAY shall mean any vehicular access to an off-street parking or loading facility.
2.02.104 DUMP shall mean a place used for the disposal, abandonment, discarding by burial, incineration, or by
any other means for any garbage, sewage, trash, refuse, rubble, waste material, offal or dead animals.
Such use shall not involve any industrial or commercial process.
2.02.105 DUPLEX (See Dwelling, Two (2) Family).
2.02.106 DWELLING shall mean any building or portion thereof which is designed and used exclusively for
residential purposes, excluding mobile homes.
1.DWELLING, MANUFACTURED HOME shall mean a factory-built structure which is to be used
as a place for human habitation, which is not constructed or equipped with a permanent hitch or
other device allowing it to be moved other than to a permanent site, which does not have
permanently attached to its body or frame any wheels or axles, and which bears a label certifying
that it was built in compliance with standards promulgated by the United States Department of
Housing and Urban Development.
2.DWELLING, MOBILE HOME shall mean any prefabricated structure, composed of one or more
parts, used for living and sleeping purposes, shipped or moved in essentially a complete condition
and mounted on wheels, skids or rollers, jacks blocks, horses, skirting or a permanent or temporary
foundation or any prefabricated structure which has been or reasonably can be equipped with
wheels or other devices for transporting the structure from place to place, whether by motive power
or other means. The term mobile home shall include trailer home and camp car, but the definition
shall not apply to any vehicle lawfully operated upon fixed rails.
a).Permanently Attached: Attached to real estate in such a way as to require dismantling, cutting
away, unbolting from permanent continuous foundation or structural change in such mobile
home in order to relocate it on another site in accordance to manufacturers recommendations.
b).Permanent Foundation: Base constructed from either poured concrete or laid masonry rock or
brick and placed on a footing located below ground level to a point below the frost line upon
which a building or structure is permanently attached.
3.DWELLING, MODULAR shall mean any dwelling whose construction consists entirely of or the
major portions of its construction consist of a unit or units not fabricated on the final site for the
dwelling unit, which units are movable or portable until placed on a permanent foundation and
connected to utilities, pursuant to the Nebraska Uniform Standards for Modular Housing Units Act,
as set forth in Neb. Rev. Stat. §§ 71-1557 to 71-1568.01 (Cum.Supp.2000). Further, such dwelling
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must also meet or be equivalent to the construction criteria set forth in the Nebraska Uniform
Standards for Modular Housing Units Act. Such dwelling is considered to be a conventional type
single-family dwelling, and those that do not meet the above criteria shall be considered a mobile
home.
4.DWELLING, MULTIPLE FAMILY shall mean a building or buildings designed and used for
occupancy by three (3) or more families, all living independently of each other, and having separate
kitchen and toilet facilities for each family.
5.DWELLING, SEASONAL shall mean a dwelling designed and used as a temporary residence and
occupied less than six months in each year.
6.DWELLING, SINGLE FAMILY shall mean a building having accommodations for or occupied
exclusively by one family, which meets all the following standards:
a).The home shall have no less than nine hundred (900) square feet of floor area, above grade, for
single story construction;
b).The home shall have no less than an eighteen feet (18’) exterior width;
c).The roof shall be pitched with a minimum vertical rise of two and one-half inches (2-1/2”) for
each twelve inches (12”) of horizontal run;
d).The exterior material shall be of a color, material and scale comparable with existing site-built,
single family residences located in Doniphan, NE;
e).The home shall have a non-reflective roof material that is or simulates asphalt or wood
shingles, tile, or rock;
f).The home shall be placed on a continuous permanent foundation and have wheels, axles,
transporting lights, and removable towing apparatus removed, and
g).The home shall meet and maintain the same standards that are uniformly applied to all single-
family dwellings in the zoning district.
h).The home shall have a permanent foundation, to be constructed from either poured concrete or
laid masonry block or brick on a footing to be placed a minimum of forty-two inches (42”)
below the final ground level.
7.DWELLING, SINGLE FAMILY ATTACHED shall mean a portion of a residential building
having accommodations for and occupied exclusively by one family, and which is located on a
separate lot of record apart from the remaining portions of the building. Each such dwelling may be
sold independently of other portions.
8.DWELLING, TOWNHOUSE shall mean a one-family dwelling in a row of at least three (3) such
units in which each unit has its own front and rear access to the outside, no unit is located over
another unit, and each unit is separated from any other unit by one or more vertical wall(s).
9.DWELLING, TWO (2) FAMILY shall mean a building designed or used exclusively for the
occupancy of two (2) families living independently of each other and having separate kitchen and
toilet facilities for each family.
2.02.107 DWELLING UNIT shall mean one or more rooms connected together, constituting a separate,
independent housekeeping establishment for owner occupancy or lease on a weekly, monthly, or longer
basis, and physically separate from any other rooms or dwelling units which may be in the same
structure, and containing independent cooking, toilet and sleeping facilities.
2.02.108 EASEMENT shall mean a grant made by a property owner to the use of land by the public, a
corporation, or persons, for specific purposes, such as access to another property or the construction of
utilities, drainage ways or roadways.
2.02.109 EDUCATIONAL INSTITUTION shall mean a public or nonprofit institution or facility which conducts
regular academic instruction at preschool, kindergarten, elementary, secondary, and collegiate levels,
including graduate schools, universities, junior colleges, trade schools, nonprofit research institutions
and religious institutions. Such institutions must either: (1) Offer general academic instruction
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equivalent to the standards established by the State Board of Education; or (2) Confer degrees as a
college or university or undergraduate or graduate standing; or (3) Conduct research; or (4) Give
religious instruction. Private schools, academies, or institutes incorporated or otherwise, which operate
for a profit, and commercial or private trade schools are not included in this definition.
2.02.110 EFFECTIVE DATE shall mean the date that this chapter shall have been adopted, a mended, or the
date land areas became subject to the regulations contained in this chapter as a result of such adoption or
amendment.
2.02.111 ENCROACHMENT shall mean an obstruction or illegal or unauthorized intrusion into a delineated
floodway, right-of-way, or adjacent property.
2.02.112 ENLARGEMENT shall mean the expansion of a building, structure, or use in volume, size, area,
height, length, width, depth, capacity, ground coverage, or in number.
2.02.113 ERECTED shall mean constructed upon or moved onto a site.
2.02.114 EXPRESSWAY shall mean a street or road that provides fast and efficient movement of large volumes
of vehicular traffic between areas and does not provide direct access to property.
2.02.115 EXTRATERRITORIAL JURISDICTION shall mean the area beyond the corporate limits of the
Village, in which the State has granted the Village the power to exercise zoning jurisdiction and
building regulations.
2.02.116 FAÇADE shall mean the exterior wall of a building exposed to public view from the building’s exterior.
2.02.117 FACTORY shall mean a structure or plant within which something is made or manufactured from raw
or partly wrought materials into forms suitable for use.
2.02.118 FAMILY shall mean a household head and one or more persons related to the head by blood, marriage
or adoption living together in a single dwelling unit.shall mean a household head and one or more
persons related to the head by blood, marriage, adoption, guardianship or duly authorized custodial
relationship living together in a single dwelling, or no more than 5 unrelated persons living together in
a single dwelling.
2.02.119 FARM an area containing at least twenty (20) acres or more which is used for growing or storage of the
usual farm products such as vegetables, fruit, and grain, 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.
2.02.120 FARMSTEAD shall mean a tract of land of not less than 2 acres and not more than twenty (20) acres
upon which a farm dwelling and other out-buildings and barns and is used for single-family residential
purposes.
2.02.121 FENCE shall mean a structure serving as an enclosure, barrier or boundary above ground.
1.FENCE, OPEN shall mean a fence, including gates, which has twenty-five percent (25%) or more
of the surface area in open spaces, which affords direct views through the fence.
2.FENCE, SOLID shall mean any fence, which does not qualify as an open fence.
2.02.124 FLOOD shall mean a general and temporary condition of partial or complete inundation of normally dry
land areas from: (1) The overflow of inland or tidal waters, or (2) The unusual and rapid accumulation
of runoff of surface waters from any sources.
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2.02.125 FLOOD PLAIN shall mean any land area susceptible to being inundated by water from any source.
2.02.126 FLOOD PROOFING shall mean any combination of structural and non-structural additions, changes,
or adjustments to structures, which reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures and their contents.
2.02.127 FLOODWAY shall mean the channel of a watercourse and the adjacent land areas that must be reserved
in order to discharge the base flood without cumulatively increasing the water surface elevation more
than a designated height.
2.02.128 FLOOR AREA shall mean the square feet of floor space within the outside line of the walls, including
the total of all space on all floors of the building. Floor area shall not include porches, garages, or
spaces in a basement, cellar, or attic.
2.02.129 FOOD SALES shall mean establishments or places of business primarily engaged in the retail sale of
food or household products for home consumption. Typical uses include groceries, delicatessens, meat
markets, retail bakeries, and candy shops.
1.FOOD SALES, LIMITED shall mean food sales establishments occupying ten-thousand (10,000)
square feet or less of space.
2.FOOD SALES, GENERAL shall mean food sales establishments occupying more than 10,000
square feet of space. Typically a supermarket.
2.02.130 FRONTAGE shall mean that portion of a parcel of property that abuts a dedicated public street or
highway.
2.02.131 GARAGE, PRIVATE shall mean a detached accessory building or a portion of a main building,
including carports, on the same lot as a dwelling, used to house vehicles of the occupants of the
dwelling.
2.02.132 GARAGE, PUBLIC shall mean any garage other than a private garage.
2.02.133 GARAGE, REPAIR shall mean a building designed and used for the storage, care, repair, or refinishing
of motor vehicles including both minor and major mechanical overhauling, paint, and body work.
(Also, see Service Station.).
2.02.134 GARBAGE shall mean any waste food material of an animal or vegetable nature, including that, which
may be used, for the fattening of livestock.
2.02.135 GRADE shall mean the average of the finished ground level at the center of all walls of a building. In
the case of walls that are parallel to and within five feet of a sidewalk, the ground level shall be
measured at the sidewalk.
2.02.136 GREENHOUSE shall mean a building or premises used for growing plants, preparing floral
arrangements for off-site delivery to customers, cold storage of flowers or dry storage of materials used
for agricultural or horticultural purposes.
2.02.137 GREENWAY shall mean a parcel or parcels of land, together with the improvements thereon, dedicated
as an easement for access and/or recreation; usually a strip of land set-aside for a walkway, bicycle trail,
bridle path, or other similar access-way.
2.02.138 GROUND COVER shall mean plant material used in landscaping which remains less than twelve inches
(12”) in height at maturity.
2.02.139 GROUND WATER shall mean water occurring beneath the surface of the ground that fills available
openings in the rock or soil materials such that they may be considered saturated.
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2.02.140 GROUP CARE HOME shall mean a home which is operated under the auspices of an organization
which is responsible for providing social services, administration, direction, and control for the home
which is designed to provide twenty-four hour care for individuals in a residential setting. Reserved
2.02.141 GROUP HOME FOR THE HANDICAPPED shall mean a dwelling with resident staff shared by four
or more handicapped persons who live together as a single housekeeping unit and in a long term, family-
like environment in which staff persons provide care, education, and participation in community
activities for the residents with the primary goal of enabling the residents to live as independently as
possible in order to reach their maximum potential. As used herein, the term "handicapped" shall mean
having: (1) A physical or mental impairment that substantially limits one or more of such person's
major life activities so that such person is incapable of living independently; or (2) A record of having
such an impairment.
GROUP HOME shall include both Group Care Home and Group Home for the Disabled. Group
homes shall be classified by size as follows:
Group Home (Small) shall mean a home designed to accommodate no more than 5 persons and
shall be allowed in all zoning districts that permit single family dwelling units in the same manner as
other dwelling units.
Group Home (Medium) shall mean a facility designed to house between 6 and 16 persons and
shall be permitted in the same manner as other multifamily dwellings in zoning district that permit
multifamily or institutional dwellings.
Group Home (Large) shall mean a facility designed to house more than 16 persons and shall be
permitted in in the same manner as other multifamily dwellings in zoning district that permit
multifamily or institutional dwellings.
2.02.142 GROUP HOUSING shall mean two or more separate buildings on a lot, each containing one or more
dwelling units.
2.02.143 GUEST ROOM shall mean a room which is designed to be occupied by one (1) or more guests for
sleeping purposes, having no kitchen facilities, not including dormitories.
2.02.144 HALF-STORY shall mean a story under a sloped roof which has the intersection of the roof line and
exterior wall face not more than three feet (3’) above the floor of such story.
2.02.145 HALFWAY HOUSE shall mean a licensed home for individuals on release from more restrictive
custodial confinement or initially placed in lieu of such more restrictive custodial confinement, living
together as a single housekeeping unit, wherein supervision, rehabilitation and counseling are provided
to mainstream residents back into society, enabling them to live independently.
2.02.146 HARD SURFACE shall mean any impervious surface, such as concrete or asphalt, or other semi-
impervious surface, such as rock or gravel.
2.02.147 HAZARDOUS WASTE shall mean any discarded material, refuse, or waste products, in solid,
semisolid, liquid, or gaseous form, that cannot be disposed of through routine waste management
techniques because they pose a present or potential threat to human health, or to other living organisms,
because of their biological, chemical, or physical properties.
2.02.148 HEALTH CLUB shall mean a privately owned facility operated for profit, such as gymnasiums, athletic
clubs, health clubs, recreational clubs, reducing salons, and weight control establishments.
2.02.149 HEDGE shall mean a plant or series of plants, shrubs or other landscape material, so arranged as to
form a physical barrier or enclosure.
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2.02.150 HOME IMPROVEMENT CENTER shall mean a facility of more than thirty-thousand (30,000) square
feet of gross floor area, engaged in retail sale of various basic hardware lines, such as tools, builders’
hardware, paint and glass, housewares and household appliances, garden supplies, and cutlery.
2.02.151 HOME OCCUPATION shall mean a business or occupation carried on within a residential dwelling or
accessory building by members of the family occupying the dwelling and up to two (2) other employees
that do not reside within the dwelling, provided, however, that the residential character of the dwelling
or accessory building is maintained and the occupation is conducted in such a manner as not to give an
outward appearance nor manifest any characteristic of a business in the ordinary meaning of the term or
constitute a nuisance to neighboring residents. See Section 7.10 for Home Occupation standards.
2.02.152 HOMEOWNERS ASSOCIATION shall mean a private, nonprofit corporation or association of
homeowners of properties in a fixed area, established for the purpose of owning, operating, and
maintaining various common properties and facilities.
2.02.153 HOTEL shall mean a building or portion thereof, or a group of buildings, offering transient lodging
accommodations on a daily rate to the general public and providing services associated with restaurants,
meeting rooms, and recreational facilities. The word "hotel" includes motel, inn, automobile court,
motor inn, motor lodge, motor court, tourist court, and motor hotel.
2.02.154 HOUSEHOLD PET shall mean an animal that is customarily kept for personal use or enjoyment within
the home. Household pet shall include but not be limited to domestic dogs, domestic cats, domestic
tropical birds, fish, and rodents.
2.02.155 IMPERVIOUS SURFACE shall mean a surface that has been compacted or covered with a layer of
material making the surface highly resistant to infiltration by water, such as compacted sand, rock,
gravel, or clay and conventionally surfaced streets, roots, sidewalks, parking lots, and driveways.
2.02.156 INCIDENTAL USE shall mean a use, which is subordinate to the main use of a premise.
2.02.157 INDUSTRY shall mean the manufacture, fabrication, processing, reduction or destruction of any article,
substance or commodity, or any other treatment thereof in such a manner as to change the form,
character, or appearance thereof, including storage elevators, truck storage yards, warehouses, wholesale
storage and other similar types of enterprise.
2.02.158 INFILL DEVELOPMENT shall mean the construction of a building or structure on a vacant parcel
located in a predominantly built up area.h
2.02.159 INFILL SITE shall mean any vacant lot, parcel or tract of land within developed areas of the Village,
where at least 80 percent of the land within a 300-foot radius of the site has been developed, and where
water, sewer, streets, schools, and fire protection have already been constructed or are provided.
2.02.160 INOPERABLE MOTOR VEHICLE shall mean any motor vehicle which: (1) Does not have a current
state license plate; or, (2) Which may or may not have a current state license plate, but is disassembled
or wrecked in part or in whole, or is unable to move under its own power, or is not equipped as required
by Nebraska State Law for operation upon streets or highways. A vehicle that is wholly or partially
dismantled shall not be considered inoperable when said vehicle is inside a completely enclosed
building.
2.02.161 INTENSITY shall mean the degree to which land is used referring to the levels of concentration or
activity in uses ranging from uses of low intensity being agricultural and residential to uses of highest
intensity being heavy industrial uses. High intensity uses are normally uses that generate concentrations
of vehicular traffic and daytime population and are less compatible with lower intensive uses.
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2.02.162 INTENT AND PURPOSE shall mean that the Commission and Board by the adoption of this
Regulation, have made a finding that the health, safety, and welfare of the Community will be served by
the creation of the District and by the regulations prescribed therein.
2.02.163 JUNK shall be any worn-out, cast-off, old, or discarded articles of scrap, copper, brass, iron, steel, rope,
rags, batteries, paper, trash, rubber, debris, waste, dismantled or wrecked automobiles, or parts thereof,
and other old or scrap ferrous or nonferrous material.
2.02.164 JUNK YARD shall mean any lot, land parcel, building, or structure or part thereof for storage,
collection, purchase, sale, salvage, or disposal of machinery, farm machinery, and including motor
vehicles, parts and equipment resulting from dismantling or wrecking, or keeping of junk, including
scrap metals or other scrap materials, with no burning permitted. For motor vehicles, see "Automobile
Wrecking Yard".
2.02.165 KENNEL, BOARDING, or TRAINING shall mean any lot or premises on which four (4) or more dogs
or cats or any combination thereof, at least four (4) months of age, are boarded, bred, or trained for a
fee.
2.02.166 KENNEL, COMMERCIAL shall mean an establishment where four (4) or more dogs or cats, or any
combination thereof, other household pets, or non-farm/non-domestic animals at least four (4) months of
age are groomed, bred, boarded, trained, or sold as a business.
2.02.167 KENNEL, PRIVATE shall mean any premises used for the keeping of less than four (4) dogs, cats, or a
combination thereof, or other non-farm/non-domestic animals by the owner/occupant or occupant of the
premises for the purpose of show, hunting, or as pets. The dogs and cats shall belong to the
owner/occupant or occupant and their keeping shall be accessory to the main use of the premises.
2.02.168 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.
2.02.169 LANDFILL shall mean a disposal site employing a method of disposing solid wastes in a manner that
minimizes environmental hazards in accordance with state and federal requirements.
2.02.170 LANDSCAPE shall mean plant materials, topography, and other natural physical elements combined in
relation to one another and to man-made structures.
2.02.171 LANDSCAPING shall include the original planting of suitable vegetation in conformity with the
requirements of this Regulation and the continued maintenance thereof.
2.02.172 LARGE BOX RETAIL shall mean a singular retail or wholesale user that occupies no less than 30,000
square feet of gross floor area. These uses typically include membership wholesale clubs, emphasizing
in large bulk sales, discount stores, pharmacies, grocery stores, especially warehouse-style point-of-sale
concepts and department stores.
2.02.173 LAUNDROMAT shall mean an establishment that provides home-type washing, drying, and/or ironing
facilities for customers on the premises.
2.02.174 LIFE CARE FACILITY shall mean a facility for the transitional residency of the elderly and/or
disabled persons, progressing from independent living to congregate apartment living where residents
share common meals and culminating in full health and continuing care nursing home facility. (Also,
see Congregate Housing).
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Lot Configurations
2.02.175 LIMITS OF GRADING shall mean the outermost edge of the area in which the existing topography is
to be altered by cutting and/or filling.
2.02.176 LIVESTOCK FEEDING OPERATION (LFO) shall mean the feeding, farrowing, holding, or raising
of beef cattle, dairy cattle, horses, swine, sheep, poultry, or other livestock, in a confined area (buildings,
lots, or pens) which is not used for the growing of crops or vegetation but does not include the holding
of cattle in calving operations for less than ninety (90) days per year, and where the number of animals
so maintained exceeds twenty (20) Animal Units as defined below. The confined area of the LFO shall
include the pens, corrals, sheds, buildings, feed storage areas, waste disposal ponds and related facilities.
Such facilities shall be constructed and operated in conformance with applicable county, state, and
federal regulations. Two (2) or more LFOs under common ownership are deemed to be a single LFO if
they are adjacent (within 1,320 feet) to each other or if they utilize a common area or system for the
disposal of livestock wastes. Animal Units (a.u.) are defined as follows:
One a.u. = One-half (0.5) Horses;
One a.u. = Seven-tenths (0.7) Mature Dairy Cattle;
One a.u. = One (1) Slaughter, Feeder Cattle;
One a.u. = Two (2) Sows with litters;
One a.u. = Two and one-half (2.5) Swine (55 pounds or greater);
One a.u. = Five (5) Ducks,
One a.u. = Ten (10) Sheep;
One a.u. = Twenty-five (25) Weaned Pigs (Less than 55 pounds);
One a.u. = Fifty (50) Turkeys;
One a.u. = One-hundred (100) Chickens.
2.02.177 LOADING SPACE shall mean an off-street space or berth on the same lot with a main building, or
contiguous to a group of buildings, for the temporary parking of commercial vehicles while loading or
unloading, and which abuts a street, alley, or other appropriate means of ingress and egress.
2.02.178 LOT shall mean a parcel or tract of land
which is or may be occupied by a use herein
permitted, together with yards, and other
open spaces herein required, that has
frontage upon a street, and is a part of a
recorded subdivision plat or has been
recorded prior to the adoption of the
Regulation, or a parcel of real property
delineated on an approved record of survey,
lot-split or sub-parceling map as filed in the
office of the County Recorder and abutting
at least one (1) public street or right-of-way,
two (2) thoroughfare easements, or one (1)
private road.
1.LOT AREA shall mean the total area,
on a horizontal plane, within the lot
lines of a lot.
2.LOT, CORNER shall mean a lot located at the intersection of two (2) or more streets at an angle of
not more than one hundred thirty-five (135) degrees. If the angle is greater than one hundred thirty-
five (135) degrees, the lot shall be considered an "Interior Lot". The setbacks for a front yard shall
be met on all abutting streets.
3.LOT, DOUBLE FRONTAGE, or THROUGH shall mean a lot having a frontage on two non-
intersecting streets as distinguished from a corner lot.
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4.LOT, FLAG shall mean an interior lot, the majority of which has frontage and access provided by
means of a narrow corridor.
5.LOT, INTERIOR shall mean a lot other than a corner lot.
6.LOT, NONCONFORMING shall mean a lot having less area or dimension than that required in the
district in which it is located and which was lawfully created prior to the zoning thereof whereby
the larger area or dimension requirements were established, or any lot, other than one shown on a
plat recorded in the office of the County Registrar of Deeds, which does not abut a public road or
public road right-of-way and which was lawfully created prior to the effective date of this
Regulation.
7.LOT OF RECORD shall mean a lot or parcel of land, the deed to which has been recorded in the
records of the County Registrar of Deeds at the time of the passage of a regulation establishing the
zoning district in which the lot is located.
2.02.179 LOT COVERAGE shall mean the portion of a lot or building site which is occupied by any building or
structure, excepting paved areas, walks and swimming pools, regardless of whether said building or
structure is intended for human occupancy or not.
2.02.180 LOT DEPTH shall mean the horizontal distance between the front and rear lot lines measured in the
mean direction of the side lot lines.
2.02.181 LOT FRONTAGE shall mean the side of a lot abutting on a legally accessible street right-of-way other
than an alley or an improved county road. For the purposes of this definition, on corner lots, all sides of
a lot adjacent to streets or roads shall be considered frontage.
2.02.182 LOT LINE shall mean the property line bounding a lot.
1.LOT LINE, FRONT shall mean the property line abutting a street.
2.LOT LINE, REAR shall mean a lot line not abutting a street which is opposite and most distant
from the front lot line.
3.LOT LINE, SIDE shall mean any lot line not a front lot line or rear lot line.
2.02.183 LOT WIDTH shall mean the average horizontal distance between the side lot line, measured at right
angles to the lot depth at a point midway between the front and rear lot lines.
2.02.184 MANUFACTURED HOME (See Dwelling, Manufactured Home)
2.02.185 MANUFACTURED or MOBILE HOME PARK shall mean a parcel of land under single ownership
that has been planned and improved for the placement of manufactured or mobile housing used or to be
used for dwelling purposes and where manufactured or mobile home spaces are not offered for sale or
sold. The terms "manufactured home park" or “mobile home park” do not include sales lots on which
new or used manufactured or mobile homes are parked for the purposes of storage, inspection, or sale.
2.02.186 MANUFACTURED or MOBILE HOME SUBDIVISION shall mean a parcel of land that has been
subdivided and used or intended to be used for the purpose of selling lots for occupancy by
manufactured or mobile homes.
2.02.187 MANUFACTURING shall mean uses primarily engaged in the mechanical or chemical transformation
of materials or substances into new products. These uses are usually described as plants, factories, or
mills and characteristically use power driven machines and materials handling equipment. Uses
engaged in assembling component parts of manufactured products are also considered manufacturing if
the new product is neither a structure nor other fixed improvement. Also included is the blending of
material such as lubricating oils, plastics, resins, or liquors. Manufacturing production is usually carried
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DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 Readopted January 2021 18
on for the wholesale market, for interplant transfer, or to order for industrial users, rather than for direct
sale to the domestic consumer.
2.02.188 MECHANICAL EQUIPMENT shall mean equipment, devices, and accessories, the use of which
relates to water supply, drainage, heating, ventilating, air conditioning, and similar purposes.
2.02.189 MINI-STORAGE OR MINI-WAREHOUSE (see Self-Service Storage Facility.)
2.02.190 MISCELLANEOUS STRUCTURES shall mean structures, other than buildings, visible from public
ways. Examples are memorials, stagings, antennas, water tanks and towers, sheds, shelters, fences, and
walls, kennels, and transformers.
2.02.191 MIXED USE shall mean properties where various uses, such as office, commercial, institutional, and
residential are combined in a single building or on a single site in an integrated development project
with significant functional interrelationships and a coherent physical design.
2.02.192 MOBILE HOME (See Dwelling, Mobile Home)
2.02.193 MOBILE HOME PARK (See Manufactured or Mobile Home Park.)
2.02.194 MOBILE HOME SUBDIVISION (See Manufactured or Mobile Home Subdivision.).
2.02.195 MOTEL (See Hotel.).
2.02.196 MOTOR VEHICLE shall mean every self-propelled land vehicle, not operated upon rails, except self-
propelled wheel chairs.
2.02.197 NIGHTCLUB shall mean a commercial establishment dispensing beverages for consumption on the
premises and in which dancing is permitted or entertainment is provided. (Also, see Bar.)
2.02.198 NON-COMMUNITY WATER SUPPLY SYSTEM shall mean any public water supply system that is
not a community water supply system.
2.02.199 NON-CONFORMING BUILDING shall mean a building or portion thereof which was lawful when
established but which does not conform to subsequently established zoning or zoning regulations.
2.02.200 NON-CONFORMING USE shall mean a use that was lawful when established but which does not
conform to subsequently established zoning or zoning regulations.
2.02.201 NON-FARM BUILDINGS shall mean 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.
2.02.202 NUISANCE shall mean anything that interferes with the use or enjoyment of property, endangers
personal health or safety, or is offensive to the senses such as noise, dust, odor, smoke, gas, pollution,
congestion, lighting, and litter.
2.02.203 NURSERY shall mean the use of a premises for the propagation, cultivation, and growth of trees,
shrubs, plants, vines, and the like from seed or stock, and the sale thereof, and including the sale of
trees, shrubs, plants, vines, and the like purchased elsewhere and transplanted into the soil of the
premises. In connection with the sale of plants, such fungicides, insecticides, chemicals, peat moss,
humus, mulches, and fertilizers as are intended to be used in preserving the life and health of the plants
may be sold.
2.02.204 NURSING HOMES or CONVALESCENT HOMES shall mean an institution or agency licensed by
the State for the reception, board, care, or treatment of three (3) or more unrelated individuals, but not
including facilities for the care and treatment of mental illness, alcoholism, or narcotics addiction.
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DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 Readopted January 2021 19
2.02.205 OFFICE shall mean a building or a portion of a building wherein services are performed involving,
primarily, administrative, professional, or clerical operations.
2.02.206 OFFICIAL ZONING DISTRICT MAP shall mean a map delineating the boundaries of zoning districts
which, along with the zoning text, is officially adopted by the Doniphan Village Board.
2.02.207 OFF-STREET PARKING AREA shall mean all off street areas and spaces designed, used, required, or
intended to be used for parking, including driveways or access ways in and to such areas.
2.02.208 OPEN LOT shall mean a pen or similar concentrated area, 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.
2.02.209 OPEN SPACE shall mean a parcel or parcels of land, together with the improvements thereon,
primarily set aside for recreational use and enjoyment, exclusive of land areas used for streets, alleys,
roads, driveways, parking areas, structures, and buildings.
2.02.210 OPEN SPACE, COMMON shall mean a separate and distinct area set aside as open space within or
related to a development, and not on individually owned lots or dedicated for public use, but which is
designed and intended for the common use or enjoyment of the residents of the development. Rights-of-
way, private streets, driveways, parking lots or other surfaces designed or intended for vehicular use or
required yards shall not be included as common open space.
2.02.211 OUTDOOR ADVERTISING (see "Advertising Structure" and "Sign").
2.02.212 OVERLAY DISTRICT shall mean a district in which additional requirements are imposed upon a use,
in conjunction with the underlying zoning district. The original zoning district designation does not
change.
2.02.213 OWNER shall mean one or more persons, including corporations, who have title to the property,
building or structure in question.
2.02.214 PAINTBALL COURSE shall mean a commercial recreational park containing obstacle courses for the
purpose of staging paintball battles. Said facility generally collects a fee, either as membership or on a
visit by visit basis, that allows individuals to participate in paintball activities.
2.02.215 PARCEL shall mean a lot or a contiguous group of lots in single ownership or under single control,
which may be considered as a unit for purposes of development.
2.02.216 PARK shall mean any public or private land available for recreational, educational, cultural, or aesthetic
use.
2.02.217 PARKING AREA, PRIVATE shall mean an area, other than a street, used for the parking of automotive
vehicles capable of moving under their own power and restricted from general public use.
2.02.218 PARKING AREA, PUBLIC shall mean an area, other than a private parking area or street used for the
parking of vehicles capable of moving under their own power, either free or for remuneration.
2.02.219 PARKING SPACE, AUTOMOBILE shall mean an area, other than a street or alley, reserved for the
parking of an automobile, such space having a dimension not less than nine (9) feet by twenty (20) feet,
plus such additional area as is necessary to afford adequate ingress and egress.
2.02.220 PARKWAY shall mean an arterial highway with full or partial control of access, and located within a
park or ribbon of park like development.
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ARTICLE 2:DEFINITIONS
DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 Readopted January 2021 20
2.02.221 PERFORMANCE GUARANTEE shall mean a financial guarantee to ensure that all improvements,
facilities, or work required by this chapter will be completed in compliance with these regulations as
well as with approved plans and specifications of a development.
2.02.222 PERMANENT FOUNDATION shall mean a base constructed from either poured concrete or laid
masonry rock, block or brick and placed on a footing located below ground level to a point below the
frost line upon which a building or structure is permanently attached. Such foundation may be
continuous, or an engineered pier system.
2.02.223 PERMANENT TREE PROTECTION DEVICES shall be structural measures, such as retaining walls
or aeration devices that are designed to protect the tree and its root systems throughout its lifetime.
2.02.224 PERMANENTLY ATTACHED shall mean attached to real estate in such a way as to require
dismantling, cutting away, unbolting from permanent foundation or structural change in such structure
in order to relocate it to another site.
2.02.225 PERSON shall mean an individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, Village, County, special district or any other
group or combination acting as an entity, except that it shall not include Doniphan, Nebraska.
2.02.226 PLANNED DEVELOPMENT shall mean a development designed to provide for an unusual or
different arrangement of residential, business, or industrial uses in accordance with an approved
development plan.
2.02.227 PLANNING COMMISSION shall mean the Hall County Regional Planning Commission.
2.02.228 PLANT MATERIALS shall mean trees, shrubs, vines, ground covers, grass, perennials, annuals, and
bulbs and other such vegetation.
2.02.229 PLAT shall mean a map showing the location, boundaries, and legal description of individual properties.
2.02.230 POLICY shall mean a statement or document of the Village, such as the comprehensive plan, that forms
the basis for enacting legislation or making decisions.
2.02.231 PREMISES shall mean a tract of land, consisting of one lot or irregular tract, or more than one lot or
irregular tract, provided such lots or tracts are under common ownership, contiguous, and used as a
single tract. A building or land within a prescribed area.
2.02.232 PRINCIPAL STRUCTURE shall mean the main building or structure on a lot, within which the main
or primary use of the lot or premises is located.
2.02.233 PROMOTIONAL DEVICE shall mean any sign intended to be displayed either with or without a
frame, with or without characters, letters, illustrations, or other material, on a fabric of any kind.
National flags, flags of political subdivisions, or symbolic flags of any institutions or business shall be
considered a promotional device for the purpose of this definition. Banners, pennants, inflatable
characters, streamers, or fringe-type ribbons or piping shall be considered as a promotional device.
2.02.234 PROTECTED ZONE shall mean all lands that fall outside the buildable areas of a parcel, all areas of a
parcel required to remain in open space, and/or all areas required as landscaping strips according to the
provisions of the Zoning Regulation.
2.02.235 PUBLIC UTILITY shall mean any business which furnishes the general public telephone service,
telegraph service, electricity, natural gas, water and sewer, or any other business so affecting the public
interest as to be subject to the supervision or regulation by an agency of the state or federal government.
2.02.236 PUBLIC WATER SUPPLY shall mean a water supply system designed to provide public piped water
fit for human consumption, if such system has at least fifteen (15) service connections or regularly
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ARTICLE 2:DEFINITIONS
DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 Readopted January 2021 21
serves at least twenty-five (25) individuals. This definition shall include: (1) Any collection, treatment,
storage, or distribution facilities under the control of the operator of such system and used primarily in
connection with such system; and (2) Any collection or pretreatment storage facilities not under such
control which are used primarily in the connection with such system.
2.02.237 RAILROAD shall mean the land use including the right-of-way (R. O. W.) abutting railroad properties
occupied by uses pertinent to the railroad operation and maintenance, but not including properties
owned by the railroad and leased for use by others.
2.02.238 RECREATIONAL FACILITY shall mean facilities for the use by the public for passive and active
recreation including tennis, handball, racquetball, basketball, track and field, jogging, baseball, soccer,
skating, swimming, or golf. This shall include country clubs and athletic clubs, but not facilities
accessory to a private residence used only by the owner and guests, nor arenas or stadiums used
primarily for spectators to watch athletic events. In addition, recreational facilities shall mean museums,
amphitheaters, race tracks (including all motor powered vehicles) and wildlife conservation areas (used
for public viewing), and theme parks.
2.02.239 RECREATIONAL VEHICLE (RV) shall mean a vehicular unit less than forty feet (40’) in overall
length, eight feet (8’) in width, or twelve feet (12’) in overall height, primarily designed as a temporary
living quarters for recreational camping or travel use having either its own power or designed to be
mounted on or drawn by a motor vehicle. Recreational vehicle includes travel trailer, park trailer,
camping trailer, truck camper, motor home, and van conversion, as defined by Neb. Rev. Stat. §71-4603
(Cum. Supp. 2002).
2.02.240 RECREATIONAL VEHICLE (RV) PARK shall mean a tract of land upon which two or more
recreational vehicle sites are located, established, or maintained for occupancy by recreational vehicles
of the general public for recreation or vacation purposes by campers, vacationers, or travelers.
2.02.241 RESIDENCE shall mean a building used, designed, or intended to be used as a home or dwelling place
for one (1) or more families.
2.02.242 RESTAURANT shall mean a public eating establishment operated for profit at which the primary
function is the preparation and serving of food primarily to persons seated within the building.
1.RESTAURANT, DRIVE-IN shall mean a restaurant establishment that has the facilities to serve
prepared food and/or beverages to customers seated within motor vehicles for consumption either
on or off the premises.
2.RESTAURANT, ENTERTAINMENT shall mean a restaurant establishment where food and drink
are prepared, served, and consumed, within a building or structure that integrally includes electronic
and mechanical games of skill, simulation, and virtual reality, play areas, video arcades or similar
uses, billiards, and other forms of amusement.
3.RESTAURANT, FAST FOOD shall mean a restaurant establishment whose principal business is
the sale of food and/or beverages in ready-to-consume individual servings, for consumption either
within the establishment, for carryout, or drive-in; and where food and/or beverages are usually
served in paper, plastic, or other disposable containers.
2.02.243 RETAIL TRADE shall mean uses primarily engaged in selling merchandise for personal or household
consumption and rendering services incidental to the sale of goods. Uses engaged in retail trade sell
merchandise to the general public or to households for personal consumption.
2.02.244 RETENTION BASIN shall mean a pond, pool, or basin used for the storage of stormwater runoff
without an outlet to a larger drainage system.
2.02.245 REVERSE SPOT ZONING shall mean an arbitrary zoning or rezoning of a small tract of land that is
not consistent with the comprehensive land use plan and that uniquely burdens an individual owner
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ARTICLE 2:DEFINITIONS
DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 Readopted January 2021 22
largely to secure some public benefit. Reverse spot zoning usually results from downzoning a tract of
land to a less intensive use classification than that imposed on nearby properties.
2.02.246 REZONING shall mean an amendment to or change in the zoning regulations either to the text or map
or both.
2.02.247 REZONING, PIECEMEAL shall mean the zoning reclassification of individual lots resulting in
uncertainty in the future compatible development of the area.
2.02.248 RIGHT-OF-WAY shall mean an area or strip of land, publicly owned, on which an irrevocable right of
passage has been dedicated, recorded, or otherwise legally established for the use of vehicles or
pedestrians or both.
2.02.249 ROAD, PRIVATE shall mean a way, other than driveways, not dedicated to the public, open to
vehicular ingress and egress established for the benefit of certain, adjacent properties. (Also, see Right-
of-Way and Street.)
2.02.250 ROAD, PUBLIC shall mean all public rights-of-way reserved or dedicated for street or road traffic.
(Also, see Right-of-Way and Street.)
2.02.251 ROOM shall mean an unsubdivided portion of the interior of a dwelling unit, excluding bathroom,
kitchen, closets, hallways, and service porches.
2.02.252 SATELLITE DISH ANTENNA shall mean a round, parabolic antenna incorporating a reflective
surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, or cone and used
to transmit and/or receive radio or electromagnetic waves.
2.02.253 SCHOOL, DAY, PRE-, or NURSERY shall mean a school or center for children under school age,
whether licensed as a day care center or not. Such shall be approved by the Nebraska State Fire
Marshall as being in conformance with safety provisions pursuant to the National Fire Protection
Association, Pamphlet 101, known as the Life Safety Code and shall be approved by the Nebraska
Department of Health and Welfare as meeting their health and welfare standards.
2.02.254 SCREENING shall mean a structure of planting that conceals from view from public ways the area
behind such structure or planting.
2.02.255 SELECTIVE CLEARING shall be the careful and planned removal or trees, shrubs, and plants using
specific standards and protection measures.
2.02.256 SELF-SERVICE STATION shall mean an establishment where motor fuels are stored and dispensed
into the fuel tanks of motor vehicles by persons other than the service station attendant and may include
facilities available for the sale of other retail products.
2.02.257 SELF-SERVICE STORAGE FACILITY shall mean a building or group of buildings containing
individual, compartmentalized, and controlled access stalls or lockers for storage.
2.02.258 SEPARATE OWNERSHIP shall mean ownership of a parcel of land by a person who does not own
any of the land abutting such parcel.
2.02.259 SEPTIC SITE shall mean the area bounded by the dimensions required for the proper location of the
septic tank system.
2.02.260 SERVICE STATION shall mean buildings and premises where the primary use is the supply and
dispensing at retail of motor fuels, lubricants, batteries, tires, and motor vehicle accessories and where
light maintenance activities such as engine tune-ups, lubrications, and washing may be conducted, but
not including heavy maintenance and repair such as engine overhauls, painting, and body repair.
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ARTICLE 2:DEFINITIONS
DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 Readopted January 2021 23
2.02.261 SETBACK LINE MEASUREMENT shall mean the shortest perpendicular distance between any
property line and the nearest point on the face of any wall of the building, at grade level.
2.02.262 SETBACK, FRONT YARD shall mean the distance which defines the depth of the required front yard.
Said setback shall be measured to a line parallel with the right-of-way line or highway setback line when
one has been established.
2.02.263 SETBACK, REAR YARD OR SIDE YARD shall mean the distance which defines the width or depth of
the required rear or side yard. Said setback shall be measured to a line parallel with the property line,
removed therefrom by the perpendicular distance prescribed for the yard in the district.
2.02.264 SHOPPING CENTER shall mean a group of commercial establishments planned, constructed, and
managed as a total entity with customer and employee parking provided on-site, provisions for goods
delivery that is separated from customer access, aesthetic considerations, and protection from the
elements.
2.02.265 SHOPPING CENTER, COMMERCIAL STRIP shall mean a commercial development, usually one
store deep, that fronts on a major street for a distance of one Village block or more. Includes individual
buildings on their own lots, with or without on-site parking and small linear shopping centers with
shallow on-site parking in front of the stores.
2.02.266 SHRUB shall mean a multi-stemmed woody plant other than a tree.
2.02.267 SIDEWALK CAFE shall mean an area adjacent to a street level eating or drinking establishment
located adjacent to the public pedestrian walkway and used exclusively for dining, drinking, and
pedestrian circulation. The area may be separated from the public sidewalk by railings, fencing, or
landscaping or a combination thereof.
2.02.268 SIGHT TRIANGLE is an area at a street intersection
in which nothing shall be erected, placed, planted, or
allowed to grow in such a manner as to materially
impede vision between a height of two and one-half
feet (2 ½’) and ten feet (10’) above the grades of the
bottom of the curb of the intersecting streets, measured
from the point of intersection of the centerline of the
streets, sixty feet (60’) in each direction along the
centerline of the streets. At the intersection of major or
arterial streets, the sixty feet (60’) distance shall be
increased to ninety feet (90’) for each arterial leg of the
intersection.
2.02.269 SIGN shall mean and include any outdoor sign,
display, declaration, device, figure, drawing, illustration, message, placard, poster, billboard, insignia, or
other things which are designed, intended, or used for direction, information, identification, or to
advertise, to inform, or to promote any business, product activity, service, or any interest, except the
following:
a).A name plate or sign designating location, direction, information, or identification, providing the
surface area or face of such sign does not exceed ten (10) square feet.
b).Signs less than twenty-five (25) square feet in surface area advertising activities conducted on the
premise, products grown, made, or produced on the premise.
c).Signs less than fifty (50) square feet in area and less than 25 feet in height that are of a public or
quasi-public nature, or other official notices that are authorized by the State of Nebraska, Village of
Doniphan, or a Federal Government Agency, as well as any directional, informational, or other
official signs or notices authorized by law.
Sight Triangle - Arterial
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ARTICLE 2:DEFINITIONS
DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 Readopted January 2021 24
Sign, Architectural Canopy, Awning or Canopy
Sign, Banner
1.SIGN, ADVERTISING shall mean a sign which directs attention to any product, activity, or
service; provided, however, that such sign shall not be related or make reference to the primary use,
business activity, or service conducted on the premises.
2.SIGN, ANIMATED shall mean any sign that uses movement or change of lighting to depict action
or create a special effect or scene.
3.SIGN, ANNOUNCEMENT shall mean a small
announcement or professional signs, not over six (6)
square feet in area, except that an announcement
sign or bulletin board not over 18 square feet in
area, set back at least 20 feet from any highway,
street, road, or roadway easement may be erected in
connection with any of the permitted principal uses
of a nonresidential nature.
4.SIGN, ARCHITECTURAL CANOPY shall mean
an enclosed, illuminated or non-illuminated
structure attached to the wall of a building with the
face of the sign approximately parallel to the wall,
with the sign's area integrated into its surface.
5.SIGN AREA shall mean the entire area including the background of a sign on which copy can be
placed but not including the minimal supporting framework or bracing. The area of individually
painted letter signs, individual letter signs or directly or indirectly illuminated individual letter
signs, shall be calculated on the basis of the smallest geometric figure that will enclose the entire
copy area of the sign. Any such calculation shall include the areas between the letters and lines, as
well as the areas of any devices, illuminated or non-illuminated.
6.SIGN, AWNING OR CANOPY shall mean any
sign that is a part of or attached to an awning,
canopy, or other fabric, plastic, or structural
protective cover over a door, entrance, window,
or outdoor service area. A marquee is not a
canopy.
7.SIGN, BANNER shall mean any sign of
lightweight; fabric or similar material that is
permanently mounted to a pole or building by a
permanent frame at one or more edges. National
flags, state or municipal flags, or official flag of
any institution or business shall not be
considered banners.
8.SIGN, BILLBOARD shall mean a sign that identifies or communicates a commercial or
noncommercial message related to an activity conducted, a service rendered, or a commodity sold
at a location other than where the sign is located.
9.SIGN, BUILDING shall mean any sign supported by, painted on or otherwise attached to any
building or structure.
10.SIGN, BUILDING MARKER shall mean any sign indicating the name of a building and date and
incidental information about its construction, which sign is cut into a masonry surface or made of
bronze or other permanent material.
11.SIGN, CHANGEABLE COPY shall mean a sign or portion thereof with characters, letters, or
illustrations that can be changed or rearranged without, altering the face or the surface of the sign. A
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ARTICLE 2:DEFINITIONS
DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 Readopted January 2021 25
Sign, Billboard and Off-Premises
sign on which the message changes more than eight times per day shall be considered an animated
sign and not a changeable copy sign for purposes of this ordinance. A sign on which the only copy
changes is an electronic or mechanical indication of time or temperature shall be considered a “time
and temperature” portion of a sign and not a changeable copy sign for purposes of this ordinance.
12.SIGN, CLOSED shall mean a sign in which more than fifty percent (50%) of the entire area is solid
or tightly closed or covered.
13.SIGN, COMMERCIAL MESSAGE shall mean any sign wording, logo, or other representation
that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or
other commercial activity.
14.SIGN, DESTINATION shall mean a sign used to inform and direct the public to important public
places and buildings, landmarks, and historical sites in the most simple, direct, and concise manner
possible.
15.SIGN, ELECTRONIC MESSAGE BOARD shall mean a sign that uses changing lights to form a
sign message or messages wherein the sequence of messages and the rate of change is electronically
programmed and can be modified by electronic processes.
16.SIGN, FLASHING shall mean a sign, which, by method or manner of illumination, flashes on or
off, winks, or blinks with varying light intensity, shows motion, or creates the illusion of being on
or off.
17.SIGN, FREESTANDING shall mean any sign supported by uprights or braces placed on or in the
ground, which is used principally for advertising or identification purposes and is not supported by
any building.
18.SIGN, GROUND shall mean a sign mounted directly to the ground with a maximum height not to
exceed six feet (6’).
19.SIGN, ILLUMINATED shall mean a sign illuminated in any manner by an artificial light source.
20.SIGN, INCIDENTAL shall mean a sign, generally informational, that has a purpose secondary to
the use of the zone lot on which it is located, such as “no parking,” “entrance,” “loading only,”
“telephone,” and other similar directives. No sign with a commercial message legible from a
position off the zone lot on which the sign is located shall be considered incidental.
21.SIGN, MARQUEE shall mean any permanent roof-like structure projecting beyond a building or
extending along and projecting beyond the wall of the building, generally designed and constructed
to provide protection from the weather.
22.SIGN, NAMEPLATE shall mean a sign not exceeding two (2) square feet for each dwelling.
23.SIGN, NON-CONFORMING shall mean any sign that does not conform to the requirements of
this ordinance.
24.SIGN, OBSOLETE shall mean a sign that advertises a business no longer in existence or a product
no longer offered for sale and has advertised such business or product for a period of six (6) months
after the termination of the existence of such business
or the termination of sale of the product advertised.
25.SIGN, OFF-PREMISES shall mean a sign including
the supporting sign structure which directs the
attention of the general public to a business, service,
or activity not usually conducted, or a product not
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ARTICLE 2:DEFINITIONS
DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 Readopted January 2021 26
Sign, Subdivision
Sign, Projecting
offered or sold, upon the premises where such sign is located.
26.SIGN, ON-PREMISE shall mean a sign, display, or device-advertising activities conducted on the
property on which such sign is located.
27.SIGN, OPEN shall mean a sign attached to or hung from a marquee, canopy, or other covered
structure, projecting from and supported by the building and extending beyond the building wall,
building line, or street lot line.
28.SIGN, PENNANT shall mean any lightweight plastic, fabric, or other material, whether or not
containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed
to move in the wind.
29.SIGN, POLE shall mean a sign that is mounted on a freestanding pole or other support so that the
bottom edge of the sign face is six feet (6’) or more above grade.
30.SIGN, PORTABLE shall mean a sign, usually of a temporary nature, not securely anchored to the
ground or to a building or structure and which obtains some or all of its structural stability with
respect to wind or other normally applied forces by means of its geometry or character. Examples
are: menu and sandwich board signs, balloons used as signs, umbrellas used for advertising, and
signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said
vehicle is used in the normal day-to-day operations of the business.
31.SIGN, PROJECTING shall mean a projecting sign attached to a building
in such a manner that its leading edge extends more than eight inches (8”)
beyond the surface of such building or wall.
32.SIGN, REAL ESTATE shall mean a temporary sign that identifies
property or properties that are for sale or lease.
33.SIGN, ROOF shall mean a sign identifying the name of a business,
enterprise, or the product sold on the premises and erected on and over the
roof of a building and extending vertically above the highest portion of
the roof.
34.SIGN, ROOF (INTEGRAL) shall mean any sign erected or constructed
as an integral or essentially integral part of a normal roof structure of any
design, such that no part of the sign extends vertically above the highest
portion of the roof and such that no part of the sign is separated from the
rest of the roof by a space of more than six inches (6’).
35.SIGN, SETBACK shall mean the horizontal distance from the property
line to the nearest projection of the existing or proposed sign.
36.SIGN, SUBDIVISION identification shall mean a sign erected on a subdivision identification lot
that identifies the platted subdivision where the sign is located.
37.SIGN, SURFACE shall mean the entire area of a
sign.
38.SIGN, SUSPENDED shall mean a sign that is
suspended from the underside of a horizontal
plane surface and is supported by such surface.
39.SIGN, TEMPORARY shall mean a sign
constructed of cloth, fabric, or other material with
or without a structural frame intended for a limited
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ARTICLE 2:DEFINITIONS
DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 Readopted January 2021 27
Sign, Wall
period of display, including displays for holidays or public demonstrations. Temporary signs shall
include portable signs as defined in this section.
40.SIGN, WALL shall mean any sign attached parallel to,
but within eight inches of, a wall, painted on the wall
surface of, or erected and confined within the limits of an
outside wall of any building or structure, which is
supported by such wall or building, and which displays
only one sign surface.
41.SIGN, WINDOW shall mean any sign, pictures, symbol,
or combination thereof, designed to communicate
information about an activity, business, commodity,
event, sale, or service, that is placed inside a window or
upon the window panes or glass and is visible from the
exterior of the window.
2.02.270 SIMILAR USE shall mean the use of land, buildings, or
structures of like kind or general nature with other uses within a zoning district as related to bulk,
intensity of use, traffic generation and congestion, function, public services requirements, aesthetics or
other similarities.
2.02.271 SITE BREAK shall mean a structural or landscape device used to interrupt long vistas and create visual
interest in a site development.
2.02.272 SITE PLAN shall mean a plan, prepared to scale, showing accurately and with complete dimensioning,
the boundaries of a site and the location of all buildings, structures, uses, drives, parking, drainage,
landscape features, and other principal site development improvements for a specific parcel of land.
2.02.273 SKATE, IN-LINE shall mean a boot-type device, which is placed on an individual’s feet. In-line skates
contain wheels on the bottom of the boot, which are attached in linear fashion.
2.02.274 SKATE PARK shall mean a recreational facility containing skateboard ramps and other obstacle courses
and devices for the use with skateboards and in-line skates.
2.02.275 SKATEBOARD shall mean a foot board mounted upon four or more wheels and is usually propelled by
the user who sometimes stands, sits, kneels, or lays upon the device while it is in motion.
2.02.276 SKATEBOARD HALF PIPE shall mean an outdoor structure that is shaped into a half circle or oval,
that is designed and principally intended to permit persons on skateboards to move continuously from
one side to the other.
2.02.277 SKATEBOARD RAMP shall mean an outdoor structure with an upward inclined surface, essentially
one of the sides of a pipe, which are designed and principally intended to permit persons on skateboards
to move from horizontal to vertical and back to horizontal.
2.02.278 SLUDGE shall mean solids removed from sewage during wastewater treatment and then disposed of by
incineration, dumping, burial, or land application.
2.02.279 SOLID WASTE shall mean waste materials consisting of garbage, trash, refuse, rubble, sewage, offal,
dead animals, or paunch manure.
2.02.280 SPOT ZONING shall mean an arbitrary zoning or rezoning of a small tract of land that is not consistent
with the comprehensive land use plan and primarily promotes the private interest of the owner rather
than the general welfare. Spot zoning usually results from an upzoning to a more intensive use
classification.
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2.02.281 STANDARD SEWAGE SYSTEM shall mean a sewage treatment system employing a building sewer,
septic tank, and a standard soil absorption system.
2.02.282 STOCKPILING shall mean the accumulation or manure in mounds, piles, or other exposed and non-
engineered site locations for storage or holding purposes for a period of not more than one (1) year.
2.02.283 STORAGE shall mean the keeping, in a roofed or unroofed area, of any goods, junk, material,
merchandise, or vehicles on the same tract or premises for more than thirty (30) days.
2.02.284 STORM DRAIN shall mean a conduit that carries natural storm and surface water drainage but not
sewage and industrial wastes, other than unpolluted cooling water.
2.02.285 STORMWATER DETENTION shall mean any storm drainage technique that retards or detains runoff,
such as a detention or retention basin, parking lot storage, rooftop storage, porous pavement, dry wells,
or any combination thereof.
2.02.286 STORMWATER MANAGEMENT shall mean the collecting, conveyance, channeling, holding,
retaining, detaining, infiltrating, diverting, treating, or filtering of surface water, or groundwater, and/or
runoff, together with applicable managerial (non-structural) measures.
2.02.287 STORMWATER RETENTION AREA shall mean an area designed by a licensed professional engineer
and approved by the Village to retain water to control the flow of stormwater.
2.02.288 STORMWATER RUNOFF shall mean surplus surface water generated by rainfall that does not seep
into the earth but flows over land to flowing or stagnant bodies of water.
2.02.289 STORY shall mean a space in a building between the surface of any floor and the surface of the floor
above, or if there is not floor above, then the space between such floor and the ceiling or roof above.
2.02.290 STREET shall mean a public thoroughfare or right-of-way dedicated, deeded, or condemned for use as
such, other than an alley, which affords the principal means of access to abutting property including
avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare except as
excluded in this Regulation.
1.STREET, ARTERIAL shall mean a street designed with the primary function of efficient
movement of through traffic between and around areas of a Village, Village, or county with
controlled access to abutting property.
2.STREET, COLLECTOR shall mean a street or highway, which is intended to carry traffic from
minor Street to major streets. Collector streets are usually the principal entrance streets to
residential developments and the streets for circulation within the development.
3.STREET, CURVILINEAR shall mean local streets that deviate from straight alignment and change
direction without sharp corners or bends.
4.STREET, FRONTAGE ACCESS shall mean a street parallel and adjacent to a major street,
major inter-regional highway, or major collection road and primarily for service to the abutting
properties, and being separated from the major street by a dividing strip
5.STREET, LOCAL shall mean a street designed for local traffic that provides direct access to
abutting residential, commercial, or industrial properties.
6.STREET, LOOPED shall mean a continuous local street without intersecting streets and having its
two (2) outlets connected to the same street.
7.STREET, MAJOR shall mean a street or highway used primarily for fast or high volume traffic,
including expressways, freeways, boulevards, and arterial streets.
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ARTICLE 2:DEFINITIONS
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8.STREET, PRIVATE shall mean an open, unoccupied space, other than a street or alley dedicated to
the public, but permanently established as the principal means of vehicular access to abutting
properties. The term "private street" includes the term "place".
9.STREET, SIDE shall mean that street bounding a corner or reversed corner lot and which extends
in the same general direction as the line determining the depth of the lot.
2.02.291 STREET CENTERLINE shall mean the centerline of a street right-of-way as established by official
surveys.
2.02.292 STREET FRONTAGE shall mean the distance for which a lot line of a zone lot adjoins a public street,
from one lot line intersecting said street to the furthest distant lot line intersecting the same street.
2.02.293 STREET, FRONTAGE ACCESS shall mean a street parallel and adjacent to a major street, major inter-
regional highway, or major collection road and primarily for service to the abutting properties, and
being separated from the major street by a dividing strip Reserved
2.02.294 STREET HARDWARE shall mean man-made objects other than buildings that are part of the
streetscape. Examples are: lamp posts, utility poles, traffic signs, benches, litter containers, planting
containers, letter boxes, fire hydrants.
2.02.295 STREET LINE shall mean a dividing line between a lot, tract, or parcel of land and the contiguous
street.
2.02.296 STREETSCAPE shall mean the scene as may be observed along a public street or way composed of
natural and man-made components, including buildings, paving, plantings, street hardware, and
miscellaneous structures.
2.02.297 STRUCTURE shall mean anything constructed or built, any edifice or building of any kind, or any
piece of work artificially built up or composed of parts joined together in some definite manner, which
requires location on the ground or is attached to something having a location on the ground, including
swimming and wading pools and covered patios, excepting outdoor areas such as paved areas, walks,
tennis courts, and similar recreation areas.
2.02.298 STRUCTURE, TEMPORARY shall mean a structure without any foundation or footings and that is
removed when the designated time period, activity, or use for which the structure was erected has
ceased.
2.02.299 STRUCTURAL ALTERATION shall mean any change in the support members of a building, such as in
a bearing wall, column, beam or girder, floor or ceiling joists, roof rafters, roof diaphragms, foundations,
piles, or retaining walls or similar components.
2.02.300 SUBDIVISION shall mean the division of a lot, tract, or parcel of land into two or more lots, parcels,
plats, or sites, or other divisions of land for the purpose of sale, lease, offer, or development, whether
immediate or future, provided the smallest lot created by the division is less than ten (10) acres in size.
2.02.301 SURFACE WATERS shall mean all waters within the jurisdiction of this state, including all streams,
lakes, ponds, impounding reservoirs, marshes, wetlands, watercourses, waterways, springs, canal
systems, drainage systems, and all other bodies or accumulations of water, natural or artificial, public or
private, situated wholly or partly within or bordering upon the state.
2.02.302 TANNING STUDIO shall mean any business that uses artificial lighting systems to produce a tan on an
individual’s body. These facilities may be either a stand-alone business or as an accessory use in spas,
gymnasiums, athletic clubs, health clubs, and styling salons. This use is not included with any type of
adult establishment.
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ARTICLE 2:DEFINITIONS
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2.02.303 TATTOO PARLOR/BODY PIERCING STUDIO shall mean an establishment whose principal
business activity is the practice of tattooing and/or piercing the body of paying customers.
2.02.304 TAVERN (see Bar.)
2.02.305 TEMPORARY USE shall mean a use intended for limited duration to be located in a zoning district not
permitting such use.
2.02.306 THEATER shall mean a building or structure used for dramatic, operatic, motion pictures, or other
performance, for admission to which entrance money is received and no audience participation or meal
service.
2.02.307 TOWER shall mean a structure situated on a site that is intended for transmitting or receiving television,
radio, or telephone communications. (Also, see Antenna.)
2.02.308 TRACT shall mean a lot or contiguous group of lots in single ownership or under single control, usually
considered a unit for purposes of development.
2.02.309 TRAILER, AUTOMOBILE shall mean a vehicle without motive power, designed and constructed to
travel on the public thoroughfares and to be used for human habitation or for carrying property,
including a trailer coach.
2.02.310 TRUCK REPAIR shall mean the repair, including major mechanical and body work, straightening of
body parts, painting, welding, or other work that may include noise, glare, fumes, smoke, or other
characteristics to an extent greater than normally found in gasoline service stations, of trucks having a
hauling capacity of over one (1) ton and buses but excluding pickups and other vehicles designed for the
transport of under eight (8) passengers.
2.02.311 TRUCK WASH shall mean a facility for washing semi-tractor trailers, buses, and commercial fleets.
2.02.312 UPZONING shall mean a change in zoning classification of land to a more intensive or less restrictive
district such as from residential district to commercial district or from a single family residential district
to a multiple family residential district.
2.02.313 USE shall mean the purpose or activity for which land or buildings are designed, arranged, or intended
or for which land or buildings are occupied or maintained.
1.USE, BEST shall mean the recommended use or uses of land confined in an adopted
comprehensive plan. Such use represents the best use of public facilities, and promotes health,
safety and general welfare.
2.USE, HIGHEST shall mean an appraisal or real estate market concept that identifies the use of a
specific tract of land that is most likely to produce the greatest net return on investment.
3.USE, PERMITTED shall mean any land use allowed without condition within a zoning district.
4.USE, PRINCIPAL shall mean the main use of land or structure, as distinguished from an accessory
use. (Also, see Building, Principal.)
5.USE, PROHIBITED shall mean any use of land, other than nonconforming, which is not listed as a
permitted use or conditional use within a zoning district.
2.02.314 USED MATERIALS YARD shall mean any lot or a portion of any lot used for the storage of used
materials. This shall not include "Junk Yards" or "Automobile Wrecking Yards".
2.02.315 UTILITARIAN STRUCTURE shall mean a structure or enclosure relating to mechanical or electrical
services to a building or development.
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ARTICLE 2:DEFINITIONS
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2.02.316 UTILITY EASEMENT shall mean the same as "Easement".
2.02.317 UTILITY HARDWARE shall mean devices such as poles, crossarms, transformers and vaults, gas
pressure regulating assemblies, hydrants, and buffalo boxes that are used for water, gas, oil, sewer, and
electrical services to a building or a project.
2.02.318 UTILITIES, OVERHEAD or UNDERGROUND, "LOCAL DISTRIBUTION SYSTEM” shall mean
the local service distribution circuit or lines and related appurtenances served from a substation, town
border station, reservoir, or terminal facility which is served from a main supply line, main transmission
line, or main feeder line as may be applicable to electric, communications, gas, fuel, petroleum,
fertilizer, or other chemical utilities. Local electric distribution systems shall be limited to include all
lines and appurtenances carrying a primary voltage of less than 161 KV from an electric transformer
substation to the consumer. The local telephone distribution system shall be limited to include the local
exchange lines, the local toll lines, and the local communications equipment facilities structure.
2.02.319 UTILITIES, OVERHEAD OR UNDERGROUND (TRANSMISSION LINE, SUPPLY LINE,
WHOLESALE CARRIER OR TRUNK LINE, MAIN FEEDER LINE), or other applicable
designation shall mean the main supply or feeder line serving a local distribution system of utilities, and
shall include but is not limited to pumping stations, substations, regulating stations, generator facilities,
reservoirs, tank farms, processing facilities, terminal facilities, towers, and relay stations, and treatment
plants.
2.02.320 UTILITY SERVICE shall mean any device, including wire, pipe, and conduit, which carries gas, water,
electricity, oil and communications into a building or development.
2.02.321 VARIANCE shall mean a relief from or variation of the provisions of this chapter, other than use
regulations, as applied to a specific piece of property, as distinct from rezoning.
2.02.322 VEGETATION shall mean all plant life; however, for purposes of this Zoning Regulation it shall be
restricted to mean trees, shrubs, and vines.
2.02.323 VEHICLE shall mean every device in, upon, or by which any person or property is or may be
transported or drawn upon a highway, excepting devices moved solely by human power or used
exclusively upon stationary rails or tracks. (Also, see Motor Vehicle).
2.02.324 VILLAGE shall mean the Village of Doniphan, Nebraska.
2.02.325 VILLAGE BOARD shall mean the Village Board of Doniphan, Nebraska
2.02.326 VISUAL OBSTRUCTION shall mean any fence, hedge, tree, shrub, wall or structure exceeding two (2)
feet in height, measured from the crown of intersecting or intercepting streets, alleys or driveways,
which limit the visibility of persons in motor vehicles on said streets, alleys, or driveways. This does
not include trees kept trimmed of branches below a minimum height of eight (8) feet.
2.02.327 WAREHOUSE shall mean a building used primarily for the storage of goods and materials.
2.02.328 WAREHOUSE AND DISTRIBUTION shall mean a use engaged in storage, wholesale, and
distribution of manufactured products, supplies, and equipment.
2.02.329 WASTEWATER LAGOON (See Lagoon.)
2.02.330 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 2:DEFINITIONS
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2.02.331 WETLAND shall mean an area that is inundated or saturated by surface water or ground water at a
frequency and duration sufficient to support, and that, under normal circumstances, does support, a
prevalence of vegetation typically adapted for life in saturated soiled conditions, commonly known as
hydrophytic vegetation.
2.02.332 WHOLESALE ESTABLISHMENT shall mean an establishment for the on-premises sales of goods
primarily to customers engaged in the business of reselling the goods.
2.02.333 WHOLESALE TRADE shall mean a use primarily engaged in selling merchandise to retailers; to
industrial, commercial, institutional, farm or professional business users; or to other wholesalers; or
acting as agents or brokers in buying merchandise for or selling merchandise to such persons or
companies. The principal types of establishments included are: Merchant wholesalers; sales branches
and sales offices (but not retail stores) maintained by manufacturing enterprises apart from their plants
for the purpose of marketing their products; agents, merchandise or commodity brokers, and
commission merchants; petroleum bulk storage, assemblers, buyers, and associations engaged in
cooperative marketing of farm products. The chief functions of uses in wholesale trade are selling
goods to trading establishments, or to industrial, commercial, institutional, farm and professional; and
bringing buyer and seller together. In additional to selling, functions frequently performed by wholesale
establishments include maintaining inventories of goods; extending credit; physically assembling,
sorting and grading goods in large lots, breaking bulk and redistribution in smaller lots; delivery;
refrigeration; and various types of promotion such as advertising and label designing.
2.02.334 YARD shall mean any open space on the same lot with a building or a dwelling group, which open space
is unoccupied and unobstructed from the ground upward to the sky, except for building projections or
for accessory buildings or structures permitted by this Regulation. (see diagram on next page).
1.YARD, FRONT shall mean a space between the front yard setback line and the front lot line or
highway setback line, and extending the full width of the lot.
2.YARD, REAR shall mean a space between the rear yard setback line and the rear lot line, extending
the full width of the lot.
3.YARD, SIDE shall mean a space extending from the front yard, or from the front lot line where no
front yard is required by this Regulation, to the rear yard, or rear lot line, between a side lot line and
the side yard setback line.
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ARTICLE 2:DEFINITIONS
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Typical Yard Scenarios
2.02.335 ZONING ADMINISTRATOR shall mean the person or persons authorized and empowered by the
Village to administer and enforce the requirements of this chapter.
2.02.336 ZONING DISTRICT shall mean the same as "District".
2.02.337 ZONING DISTRICT, CHANGE OF shall mean the legislative act of removing one (1) or more parcels
of land from one (1) zoning district and placing them in another zoning district on the zone map of the
Village.
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ARTICLE 3:DISTRICTS AND OFFICIAL MAP
DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 Readopted January 2021 34
ARTICLE 3:DISTRICTS AND OFFICIAL MAP
Section 3.01 Districts
In order to regulate and restrict the height, location, size and type of buildings, structures and uses allowed on land
in the Village and the area within one mile of the corporate boundaries, the Village is hereby divided into districts.
Section 3.02 Provision for Official Zoning Map
3.02.01 The Village is hereby divided into districts, as shown on the Official Zoning Map, which, together with
all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this
Ordinance. The Official Zoning Map shall be identified by the signature of the Village Board
Chairperson, attested by the Village Clerk, and bearing the seal of the Village under the following
words: "This is to certify that this is the Official Zoning Map referred to in Section *** of Ordinance
No. ***(**) of the Village of Doniphan, Nebraska", together with the date of the adoption of this
Ordinance.
If, in accordance with the provisions of this Ordinance, changes are made in the district boundaries or
other matter portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning
Map promptly after the amendment has been approved by the Village Board.
3.02.02 In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret
because of the nature or number of changes and additions, the Village Board may by ordinance adopt a
new Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or
omissions in the prior Official Zoning Map, but no such correction shall have the effect of amending the
original Official Zoning Map or any subsequent amendment thereof. The new Official Zoning Map
shall be identified by the signature of the Village Board Chairperson attested by the Village Clerk and
bearing the seal of the Village under the following words: "This is to certify that this Official Zoning
Map supersedes and replaces the Official Zoning Map adopted *** (Ordinance No. *** (**) of the
Village of Doniphan, Nebraska."
Unless the prior Official Zoning Map has been lost, or has been totally destroyed, the prior map or any
significant parts thereof remaining shall be preserved, together with all available records pertaining to its
adoption or amendment.
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ARTICLE 4:GENERAL PROVISIONS
DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 Readopted January 2021 35
ARTICLE 4:GENERAL PROVISIONS
Section 4.01 Planning Commission Recommendations
Pursuant to Neb. Rev. Stat. §19-901 (R.R.S.1997), it shall be the purpose of the Planning Commission to
recommend the boundaries of the various original districts and appropriate regulations to be enforced therein.
The Commission shall make a preliminary report and hold public hearings thereon before submitting its final
report, and the Village Board shall not hold its public hearings or take action until it has received the final report of
the Commission.
Section 4.02 District Regulations, Restrictions, Boundary Creation
No such regulation, restriction, or boundary shall become effective until after a public hearing in relation thereto, at
which parties in interest and citizens shall have an opportunity to be heard. Notice of the time and place of such
hearings shall be given by publication thereof in a paper of general circulation in the Village at least one (1) time
ten (10) days prior to such hearing.
Section 4.03 Jurisdiction
The provisions of this Ordinance shall apply within the corporate limits of the Village of Doniphan, Nebraska, and
within the territory beyond said corporate limits as now or hereafter fixed, for a distance of one (1) mile, as
established on the map entitled "The Official Zoning Map of the Village of Doniphan, Nebraska", and as may be
amended by subsequent annexation.
Section 4.04 Provisions of Ordinance Declared to be Minimum Requirements
In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements,
adopted for the promotion of the public health, safety, morals, or general welfare. Whenever the provisions of this
Ordinance require a lower height of building or lesser size of yards, courts or other spaces, or require a lower height
of building or lesser number of stories, or require a greater percentage of lot to be left unoccupied, or impose other
higher standards than are required in any other ordinance, the provisions of this Ordinance shall govern. Wherever
the provisions of any other ordinance requires a greater width or size of yards, courts, or other open spaces, or
requires a lower height of building or a lesser number of stories, or require a greater percentage of lot to be left
unoccupied, or impose other higher standards than are required by the provisions of this Ordinance, the provisions
of such ordinance shall govern.
Section 4.05 Zoning Affects Every Building and Use
No building or land shall hereafter be reused and no building or part thereof shall be erected, moved or altered
unless for a use expressly permitted by and in conformity with the regulations herein specified for the district in
which it is located, except that any structure damaged or destroyed may be restored if such structure does not
involve a non-conforming use.
Section 4.06 Lot
4.06.01 Every building hereafter erected, reconstructed, converted, moved or structurally altered shall be located
on a lot or lot of record and in no case shall there be more than one (1) principal building on a lot unless
otherwise provided.
4.06.02 The total percentage of allowable lot coverage shall be addressed in each district. Such percentage shall
exclude driveways, sidewalks, and paved patios, but shall specifically include decks.
4.06.03 More than one principal building of a single permitted use may be located upon a lot or tract in the
following instances if recommended by the Planning Commission and approved by the Village Board.
1.Institutional buildings
2.Public or semi-public buildings
3.Multiple-family dwellings
4.Commercial or industrial buildings
5.Home for the aged
6.Agricultural buildings
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ARTICLE 4:GENERAL PROVISIONS
DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 Readopted January 2021 36
Section 4.07 Reductions in Lot Area Prohibited
No lot, even though it may consist of one (1) or more adjacent lots of record, shall be reduced in area so that yards,
lot area per family, lot width, building area, or other requirements of this Ordinance are not maintained. This
section shall not apply when a portion of a lot is acquired for a public purpose.
Section 4.08 Obstructions to Vision at Street Intersections Prohibited
A corner lot, within the area formed by the center line of streets at a distance of sixty feet (60’) from their
intersections, there shall be no obstruction to vision between a height of two and one-half feet (2-1/2’) and a height
of ten feet (10’) above the grades of the bottom of the curb of the intersecting streets, measured from the point of
intersection of the centerline of the streets. At the intersection of major or arterial streets, the sixty feet (60’)
distance shall be increased to ninety feet (90’) for each arterial leg of the intersection. The requirements of this
section shall not be deemed to prohibit any necessary retaining wall.
Section 4.09 Yard Requirements
4.09.01 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.
4.09.02 All accessory buildings that are attached to principal buildings (e.g., attached garages) shall comply with
the yard requirements of the principal building, unless otherwise specified.
4.09.03 The Village Board may permit a variation in front yard setbacks to allow new or relocated structures to
conform to the average existing setback provided that 1.) more than thirty percent (30%) of the frontage
on one side of a street between intersecting streets is occupied by structures on the effective date of this
Ordinance, and 2.) a minority of such structures have observed or conformed to an average setback line.
4.09.04 Any side or rear yard in a residential district which is adjacent to any existing industrial use shall be no
less than twenty-five feet (25’) and shall contain landscaping and planting suitable to provide effective
screening pursuant to Section 7.16.04.
4.09.05 Any yard for an industrial use which is adjacent to any residential use or district shall be increased to
forty feet (40’) and shall contain landscaping and planting suitable to provide effective screening
pursuant to Section 7.16.04. Included in the increased yard, a solid or semi-solid fence or wall at least
six feet (6’), but not more than eight feet (8’) high shall be provided adjacent to an adjoining residential
district unless the adjacent residential district and industrial district are separated by a street right-of-
way. The owner or owners of the property in the Industrial District shall maintain said fence or wall in
good condition. Said fencing shall be constructed of commercially available fencing.
Section 4.10 Drainage
No building, structure, or use shall be erected on any land, and no change shall be made in the existing contours of
any land, including any change in the course, width, or elevation of any natural or other drainage channel, that will
obstruct, interfere with, or substantially change the drainage from such land to the detriment of neighboring lands.
Anyone desiring to build or otherwise change the existing drainage situation shall be responsible for providing to
the Village or their designated agent that such changes will not be a detriment to the neighboring lands.
Section 4.11 Permitted Obstructions in Required Yards The following shall not be considered to be obstructions when located in the required yards:
4.11.01 All Yards: Steps and accessibility ramps used for wheelchair and other assisting devices which are forty-eight inches (48”) or less above grade which are necessary for access to a permitted building or for access to a lot from a street or alley; eaves and roof overhangs projecting thirty-six inches (36”) or less;
chimneys projecting twenty-four inches (24”) or less into the yard; recreational and laundry-drying equipment; approved freestanding signs; arbors and trellises; flag poles; window unit air conditioners projecting not more than eighteen inches (18”) into the required yard; and fences or walls subject to
applicable height restrictions are permitted in all yards.
4.11.02 Front Yards: Bay windows projecting thirty-six inches (36”) or less into the yard are permitted.
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ARTICLE 4:GENERAL PROVISIONS
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4.11.03 Rear and Side Yards: Open off-street parking spaces or outside elements of central air conditioning systems.
4.11.04 Double Frontage Lots: The required front yard shall be provided on each street.
4.11.05 Building Groupings: For the purpose of the side yard regulation a group of business or industrial
buildings separated by a common party wall shall be considered as one (1) building occupying one (1) lot.
Section 4.12 Accessory Buildings and Uses
4.12.01 No accessory building shall be constructed upon a lot prior to beginning construction of the principal
building. No accessory building shall be used for more than six (6) months unless the main building on
the lot is also being used or unless the main building is under construction; however, in no event shall
such building be used as a dwelling unless a certificate of occupancy has been issued for such use.
4.12.02 No detached accessory building or structure shall exceed the maximum permitted height of the principal
building or structure.
4.12.03 No accessory building shall be erected in or encroach upon the required side yard on a corner lot or the
front yard of a double frontage lot.
4.12.04 Detached accessory buildings or structures shall be located no closer to any other accessory or principal
building than fifteen feet (15’). Detached accessory buildings or structures within 15’ of a principal
structure shall conform to the standard setbacks of the principal structure.
4.12.05 Garages and outbuildings in Residential Districts for storage uses and other structures customary and
appurtenant to the permitted uses and detached accessory garages shall be constructed of materials
customarily used in residential construction, including colored metal siding and roofing.
4.12.06 Regulation of accessory uses shall be as follows:
1.Except as herein provided, no accessory building shall project beyond a required yard line along
any street.
2.Service station pumps and pump island may occupy the required yards, provided, however, that
they are not less than fifteen feet (15’) from street lines.
3.Storage of an unlicensed boat, boat trailer, camp trailer, or other vehicle shall not be permitted in
any required yard, unless provided in Section 7.13.
Section 4.13 Permitted Modifications of Height Regulations
4.13.01 The height limitations of this Ordinance shall not apply to:
Belfries Public Monuments Tanks
Chimneys Ornamental Towers and Spires Smoke Stacks
Church Spires Broadcast Towers less than 75’ in height Flag Poles
Conveyors Air-Pollution Prevention Devices Silos
Cooling Towers Stage Towers or Scenery Lots Fire Towers
Elevator Bulkheads Water Towers and Standpipes
4.13.02 When permitted in a district, public or semi-public service buildings, hospitals, institutions, or schools
may be erected to a height not exceeding seventy-five feet (75’) when each required yard line is
increased by at least one foot (1’) for each one foot (1’) of additional building height above the height
regulations for the district in which the building is located.
Section 4.14 Structures Intended for Human Occupancy
4.14.01 All permanent and temporary structures intended for human occupancy shall be required to obtain a
zoning permit and certificate of occupancy prior to use.
4.14.02 All permanent and temporary structures intended for human occupancy shall be placed upon a
permanent foundation.
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4.14.03 No basement or cellar shall be occupied for residential purposes until the remainder of the building has
been substantially completed.
Section 4.15 Nonconforming, General Intent
It is the intent of this ordinance to permit lawful non-conformities to continue until they are removed, but not
encourage their survival. Such uses are declared by this ordinance to be incompatible with permitted uses in the
districts involved. It is further the intent of this ordinance that non-conformities shall not be enlarged upon,
expanded or extended nor be used as grounds for adding other structures or uses prohibited elsewhere in the same
district except as may be authorized in this title.
Section 4.16 Nonconforming Lots of Record
In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other
provision of this ordinance, a single-family dwelling and customary accessory buildings may be erected on any
single lot of record at the effective date of adoption or amendment of this ordinance. This provision shall apply
even though such lot fails to meet the requirements for area or width, or both that are generally applicable in the
district provided that the yard dimensions and other requirements not involving area or width, or both, of the lot
shall conform to the regulations for the district in which such lot is located; that such lot has been owned separately
and individually from adjoining tracts of land at a time when the creation of a lot of such size and width at such
location would have been lawful; and has remained in separate and individual ownership from adjoining lots or
tracts of land continuously during the entire period in which this or previous ordinance would have prohibited
creation of such lot. Variance of area, width and yard requirements shall be obtained only through action of the
board of adjustment.
Section 4.17 Nonconforming Structures
4.17.01 Authority to Continue: Any structure which is devoted to a use which is permitted in the zoning district
in which it is located, but which is located on a lot which does not comply with the applicable lot size
requirements and/or the applicable bulk regulations, may be continued, so long as it remains otherwise
lawful, subject to the restrictions of this section.
4.17.02 Enlargement, Repair, Alterations: Any such structure described in Section 4.17.01 may be enlarged,
extended, maintained, repaired or remodeled, provided, however, that no such enlargement, extension,
maintenance, repair or remodel shall either create any additional nonconformity or increase the degree
of existing nonconformity of all or any part of such structure.
1. A nonconforming structure may be allowed by conditional use permit to be enlarged or extended
where the degree of nonconformity is increased provided due consideration is given to the
following criteria:
a).No zoning permit shall be issued for an existing nonconforming structure where the proposed
expansion (including any other such expansion) exceeds fifty percent (50%) of the square
footage of the floor area on the main floor of the original structure. In any Residential district,
such structure shall not be enlarged or extended such that it becomes larger than the dwelling.
b).Such conditional use may only be allowed to continue an existing nonconformity and shall not
allow for the creation of new nonconformities. Furthermore, the permit shall not be allowed
for multiple nonconformities or to increase the degree of nonconformity of the requested
conditional use. The degree of nonconformity shall mean that the request shall not further
reduce a setback or height requirement or encroach into an area designated as a sight triangle.
c).The consideration of the affects of such conditional use on adjacent property, traffic, and the
environment shall be considered.
d).The Doniphan Transportation Plan and one- and six-year plan shall be considered.
e).The density of land uses within the existing zoning district and that of adjacent properties shall
be considered.
f).The degree of hardship upon the applicant which would be caused by failure to grant such a
permit shall also be considered.
4.17.03 Damage or Destruction: In the event that any structure described in Section 4.17.01 is damaged or
destroyed, by any means, to the extent of more than fifty percent (50%) of its structural value, such
structure shall not be restored unless it shall thereafter conform to the regulations for the zoning district
in which it is located; provided that structures located on a lot that does not comply with the applicable
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DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 Readopted January 2021 39
lot size requirements in Section 4.17, shall not have a side yard of less than five feet (5’). When a
structure is damaged to the extent of less than fifty percent (50%) of its structural value, no repairs or
restoration shall be made unless a building permit is obtained and restoration is actually begun within
one year after the date of such partial destruction and is diligently pursued to completion.
4.17.04 Moving: No structure shall be moved in whole or in part for any distance whatever, to any other
location on the same or any other lot unless the entire structure shall thereafter conform to the
regulations of the zoning district in which it is located after being moved.
Section 4.18 Nonconforming Uses
4.18.01 Nonconforming Uses of Land: Where at the effective date of adoption or amendment of this ordinance,
lawful use of land exists that is made no longer permissible under the terms of this ordinance as enacted
or amended, such use may be continued so long as it remains otherwise lawful, subject to the following
provisions:
1.No such non-conforming use shall be enlarged or increased, nor extended to occupy a greater area
of land than was occupied at the effective date of adoption or amendment or this ordinance;
2.No such nonconforming use shall be moved in whole or in part to any other portion of the lot or
parcel occupied by such use at the effective date of adoption or amendment of this ordinance.
3.If any such nonconforming use of land ceases for any reason for a period of more than twelve (12)
months, any subsequent use of such land shall conform to the regulations specified by this
ordinance for the district in which such land is located.
4.18.02 Nonconforming Uses of Structures: If a lawful use of a structure, or of structure and premises in
combination, exists at the effective date of adoption or amendment of this ordinance, that would not be
allowed in the district under the terms of this ordinance, the lawful use may be continued so long as it
remains otherwise lawful subject to the following provisions:
1.No existing structure devoted to a use not permitted by this ordinance in the district in which it is
located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except
in changing the use of the structure to use permitted in the district in which it is located;
2.Any nonconforming use may be extended throughout any parts of a building which were manifestly
arranged or designed for such use at the time of adoption or amendment of this ordinance but no
such use shall be extended to occupy any land outside such building;
3.If no structural alterations are made, any nonconforming use of a structure or structures and
premises may be changed to another nonconforming use provided that the board of adjustment
either by general rule or by making findings in the specific case, shall find that the proposed use is
equally appropriate or more appropriate to the district than the existing nonconforming use. In
permitting such change, the board of adjustment may require appropriate conditions and safeguard
in accord with the provisions of this ordinance;
4.Any structure, or structure and land in combination, in any or on which a nonconforming use is
superseded by a permitted use, shall thereafter conform to the regulations for the district in which
such structure is located and the nonconforming use may not thereafter be resumed;
5.When a nonconforming use of a structure or structure and premises in combination is discontinued
or abandoned for twelve (12) months, the structure or structure and premises in combination shall
not thereafter be used except in conformance with the regulations of the district in which it is
located;
6.Where nonconforming use status is applied to a structure and premises in combination, removal or
destruction of the structure shall eliminate the nonconforming status of the land.
Section 4.19 Repairs and Maintenance
4.19.01 On any building devoted in whole or in part to any nonconforming use, work may be done in any period
of twelve (12) consecutive months on ordinary repairs or on repair or replacement of non-bearing walls,
fixtures, wiring or plumbing provided that the cubic content of the building as it existed at the time of
passage of amendment of this ordinance shall not be increased.
4.19.02 Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of
any building or part thereof declared to be unsafe by any official charged with protecting the public
safety, upon order of such official.
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Section 4.20 Uses Permitted by Conditional Use Permit not Nonconforming Uses
Any use for which a conditional use permit is issued according to the provisions of this ordinance shall not be
deemed a nonconforming use, but shall without further action be deemed a conforming use in such district.
Section 4.21 Nonconforming Buildings and Uses; Extension of Nonconforming Uses
The Village Board may, when it deems proper, permit repairs, alterations, extensions, expansions, and the
remodeling or rebuilding of such structures or extensions or expansions of a land use in all cases where a refusal
to do so would bring hardship to the owner or occupants and in all cases where justice requires the granting of the
same. The Village Board may attach appropriate conditions to the granting of any such relief. Whenever a use
district shall be hereafter changed, any then existing nonconforming use in such changed district may be continued
or changed to a use permitted in that zoning district, provided, all other regulations governing the new use are
complied with.
Section 4.22 Fees
All fees for any zoning or subdivision related action shall be required prior to the issuance or investigation of any
said permit request. Fees shall be set forth in the Regional Planning Commission Master Fee Schedule and Village
Fee Schedule, with payments made to the appropriate City, County, or Village Clerk. Fees may be due to both the
Regional Planning Commission/Hall County and the Village.
Section 4.23 Public Uses
In the case of a public use proposed in any district within the zoning jurisdiction of the Village of Doniphan, where
such use is determined by the Zoning Administrator to be a benefit to the public health, safety, and general welfare
of the community, such use shall be allowed in any district whether or not such use conforms to the zoning
requirements of that district, including lot area, lot size, setbacks, height limitations and lot coverage.
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ARTICLE 5:ZONING DISTRICTS
DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 Readopted January 2021 41
ARTICLE 5:ZONING DISTRICTS
5.01 Districts; Uses
5.02 Districts; Boundaries
5.03 District Boundaries; Interpretation
5.04 Districts; Classification upon Annexation and Conformance with Land Use Plan
5.05 District (AG); Agricultural
5.06 District (TA); Transitional Agriculture
5.07 District (R-9); Single-Family Residential
5.08 District (R-6); Multiple-Family Residential
5.09 District (R-3); Multiple-Family Residential
5.10 District (RM MH): Mobile Home Residential
5.11 District (BGC CBD) Downtown Commercial
5.12 District (GC); General Commercial
5.13 District (HC): Highway Commercial
5.14 District (I-1); Light Industrial
5.15 District (I-2) Heavy Industrial
5.16 District (PUD) Planned Unit Development
Section 5.01 Districts; Use
For the purpose of this Chapter, the Municipality is hereby divided into eight (8) districts, designated as follows:
(AG) Agricultural
(TA) Transitional Agriculture
(R-9) Single-Family Residential
(R-6) Multiple-Family Residential
(R-3) Multiple-Family Residential
(RM MH) Mobile Home Residential
(BGC CBD) Downtown Commercial
(GC) General Commercial
(HC) Highway Commercial
(I-1) Light Industrial
(I-2) Heavy Industrial
(PUD) Planned Unit Development
Section 5.02 Districts; Boundaries
The boundaries of the districts are hereby established as shown on the maps entitled "Official Zoning Map of the
Village of Doniphan, Nebraska." Said maps and all explanatory matter thereon accompany and are hereby made a
part of this Chapter as if fully written herein. The Official Zoning District Map shall be identified by the signature
of the Chair of the Village Board, and attested by the Village Clerk. No changes shall be made on the Zoning
District Map except as may be required by amendments to this Chapter. Such changes shall be promptly indicated
on the Zoning District Map with the Ordinance number, nature of change, and date of change noted on the map.
Neb. Rev. Stat. §19-904 (R.R.S.1997).
Section 5.03 Rules for Interpretation of District Boundaries
Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules
shall apply:
5.03.01 Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be
construed to follow such center lines;
5.03.02 Boundaries indicated as approximately following platted lot lines shall be construed as following such
lot lines;
5.03.03 Boundaries indicated as approximately following Village limits shall be construed as following such
Village limits;
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DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 Readopted January 2021 42
5.03.04 Boundaries indicated as following railroad lines shall be construed to be midway between the main
tracks;
5.03.05 Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in the
event of change in the shore line shall be construed as moving with the actual shore line; boundaries
indicated as approximately following the center lines of streams, rivers, canals, lakes, or other bodies of
water shall be construed to follow such center lines;
5.03.06 Boundaries indicated as parallel to or extensions of features indicated in subsections 5.03.01 through
5.03.05 above shall be so construed. Distances not specifically indicated on the Official Zoning Map
shall be determined by the scale of the map;
5.03.07 Where physical or cultural features existing on the ground are at variance with those shown on the
Official Zoning Map, or in other circumstances not covered by subsections 5.03.01 through 5.03.06
above, the Board of Zoning Adjustment shall interpret the district boundaries;
5.03.08 Where a district boundary line divides a lot which was in single ownership at the time of passage of this
Ordinance, The Board of Zoning Adjustment may permit the extension of the regulations for either
portion of the lot, not to exceed fifty feet (50’) beyond the district line, into the remaining portion of the
lot.
Section 5.04 Annexation and Conformance with the Land Use Plan
Areas annexed into the corporate limits of Doniphan shall be zoned to conform to the Land Use Plan.
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ARTICLE 5:ZONING DISTRICTS
DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 Readopted January 2021 43
Section 5.05 AG - Agricultural District
5.05.01 Intent:The (AG) Agricultural District is established for the purpose of preserving agricultural resources
that are compatible with adjacent urban growth. It is not intended for commercial feedlot operations for
livestock or poultry. Because the areas are not in the identified growth areas for the community, the
district is designed to limit urban sprawl.
5.05.02 Permitted Uses:
1.Farming, pasturing, truck gardening, and orchards, including a maximum of five hundred (500)
animal units within the densities established in Section 5.05.06.
2.Single Family Residential dwellings, provided the following conditions are met:
A.Property owners with a tract of 80 acres or more may sell one small tract per 80 acres for such
single family dwellings provided that such sale has not not previously been exercised on the
large tract, and/or
B.Owners of an existing ranch or farm dwelling that is ten years old or more may sell a small
tract containing such dwelling
3.Home Occupations, pursuant to Home occupation standards in Section 7.10.
4.Public parks and recreation areas, playgrounds and conservation areas including flood control
facilities and natural wildlife habitats and preserves.
5.Railroads, not including switching, terminal facilities or freight yards.
6.Public overhead and underground local distribution utilities.
7.Churches.
8.Public services such as police, fire, and emergency facilities.
9.Publicly owned and operated buildings and facilities such as community centers, auditoriums,
libraries or museums.
10.Roadside stands offering the sale of agriculture products produced on the premises.
11.Livestock Feeding Operations, provided that such operations have no more than five hundred (500)
animal units within the densities established in Section 5.05.06.
12.Commercial greenhouses.
5.05.03 Permitted Conditional Uses:
1.Commercial auction yards and barns.
2.Feed mills.
3.Mining and extraction of natural resources.
4.Agricultural storage facilities for equipment and grain, excluding packing and rendering facilities.
5.Educational institutions, including public and private primary schools, secondary schools including
universities, colleges, vocational schools, and business schools.
6.Hospitals, nursing and convalescent homes.
7.Broadcast towers, pursuant to Section 7.11.
8.Cemeteries provided all structures are located one hundred feet (100’) from all property lines.
9.Water supply and storage, wastewater treatment, sewage and solid waste disposal facilities.
10.Private recreation areas and facilities including country clubs, golf courses (but not miniature golf),
and swimming pools.
11.Veterinarians’ offices and hospitals, and boarding kennels.
12.Wind energy systems on tracts of more than ten (10) acres, pursuant to Section 7.15.
13.Public campgrounds.
14.RV Parks
15.Commercial Kennels, stables, and riding clubs.
16.Storage and distribution of anhydrous ammonia, fuel, fertilizer, and other chemicals.
5.05.04 Permitted Accessory Uses:
1.Farm dwellings for use by the owner, tenants, and employees.
2.Buildings and uses customarily incidental to the permitted and conditional uses.
3.Temporary buildings incidental to construction work where such buildings or structures are
removed upon completion of work.
4.Signs pursuant to Sections 7.06 through 7.09.
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ARTICLE 5:ZONING DISTRICTS
DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 Readopted January 2021 44
5.Parking pursuant to Sections 7.01 through 7.05.
6.Private swimming pool, tennis court and other similar facilities in conjunction with a residence.
5.05.05 Height and Lot Requirements: The height and minimum lot requirements shall be as follows:
Use Lot Area Lot Width Front Yard Side Yard Rear Yard Max. Height Max.
Coverage
Residential Dwelling (private well and/or private septic)20 acres 100 35 15 25 35 feet 40%
Residential Dwelling (public water and public sewer)20 acres 100 35 15 25 35 feet 40%
Other Permitted Uses 20 acres 100 35 15 25 -40%
Broadcast Towers (Also see Section 7.11)10,000 sq.ft.100 35 15 25 -40%
Other Permitted & Conditional Uses 3 acres 100 35 15 25 35 feet****40%
Accessory Buildings --35 15 25 --
* Maximum height of 35” for structures intended for human occupancy
5.05.06 Other Applicable Provisions:
1.The amount of land necessary for the raising of animals shall be computed as follows: One (1) acre
shall be required for the first animal unit (a.u.), and each animal unit (a.u.) thereafter shall require
one-half (0.5) acres.
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Section 5.06 TA - Transitional Agriculture District
5.06.01 Intent: The (TA) Transitional Agriculture District is intended to permit the continuation of productive
agricultural uses adjacent to the corporate limits of the Village of Doniphan, while also accommodating
single-family residential and compatible uses.
5.06.02 Permitted Uses:
1.Farming, pasturing, truck gardening, and orchards, including the sale of products raised on the
premises, including the raising of animals for organizations such as 4-H, FFA, or similar
organizations, provided that the limits established in Section 5.06.06 are not exceeded.
2.Single family dwellings for use by the owners and their families, tenants, and employees, provided
the following conditions are met:
A. Property owners with a tract of 80 acres or more may sell one small tract per 80 acres for such
single family dwellings provided that such sale has not not previously been exercised on the
large tract, and/or
B. Owners of an existing ranch or farm dwelling that is ten years old or more may sell a small
tract containing such dwelling
3.Child Care Home.
4.Home Occupations, pursuant to Home Occupation standards in Section 7.10.
5.Public service facilities.
6.Public parks and recreation areas, playgrounds and conservation areas including flood control
facilities and natural wildlife habitats and preserves.
7.Roadside stands offering the sale of agriculture products produced on the premises
8.Commercial Greenhouses
5.06.03 Permitted Conditional Uses:
1.Public utility main transmission lines including substations, distribution centers, regulator stations,
pumping stations, treatment facilities, storage, equipment buildings, garages, towers, or similar
public service uses.
2.Private recreation areas and facilities including country clubs, golf courses (but not miniature golf),
and swimming pools
3.Livestock Feeding Operations, provided that such operations have no more than five hundred (500)
animal units
4.Mining and extraction of natural resources.
5.Agricultural storage facilities for equipment and grain, excluding packing and rendering facilities.
6.Educational institutions, including public and private primary schools, secondary schools including
universities, colleges, vocational schools, and business schools.
7.Hospitals, nursing and convalescent homes.
8.Broadcast towers, pursuant to Section 7.11.
9.Cemeteries, provided all structures are located one hundred feet (100’) from all property lines.
10.Water supply and storage, wastewater treatment, sewage and solid waste disposal facilities.
11.Private recreation areas and facilities including country clubs, golf courses (but not miniature golf),
and swimming pools.
12.Veterinarians’ offices and hospitals, and boarding kennels.
13.Wind energy systems on tracts of more than ten (10) acres, pursuant to Section 7.15.
14.Public campgrounds.
15.RV Parks.
16.Commercial Kennels, stables, and riding clubs.
17.Storage and distribution of anhydrous ammonia, fuel, fertilizer, and other chemicals.
18.Livestock waste control facilities; if such facilities are required to bring in existing livestock
feeding operation (LFO) into compliance with State of Federal regulations pertaining to livestock
waster regulations and if such facilities are located further from the corporate boundaries of the
Village of Doniphan and further from established residential subdivisions of five or more houses on
ten acres or less then alternative locations. Such approval by conditional use permit for the
construction of livestock waste control facilities shall have no impact on the status of LFO as an
existing nonconforming use and shall be considered a separate use of such property, as long as any
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ARTICLE 5:ZONING DISTRICTS
DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 Readopted January 2021 46
future approval of said conditional use permit is conditioned upon (1) said livestock waste control
facility shall only be allowed to accept livestock waste from the subject LFO needing to comply
with State or Federal livestock waste regulations, (2) the subject LFO, needing to comply with State
or Federal livestock waster regulations, shall not be allowed to increase its then current permitted or
grand fathered livestock numbers, at that specific facility location, (3) the permit shall be null and
void if the existing LFO expands in size or number of animals, (4) this livestock waste control
facility and the associated LFO shall operate within the bounds of State and Federal regulations, (5)
the proposed Livestock Waste Control Facilities be reviewed and approved by the Nebraska
Department of Environmental Quality, and the Livestock Waste Control Facilities be maintained in
operating condition by the owners of the LFO.
Amended by Ordinance No. 457, effective August 18, 2008
5.06.04 Accessory Uses:
1.Buildings and uses customarily incidental to the permitted uses.
2.Private swimming pool, tennis court, and other recreational facilities in conjunction with a
residence.
3.Parking for permitted uses pursuant to Sections 7.01 through 7.05.
4.Signs pursuant to Sections 7.06 through 7.09.
5.Temporary buildings incidental to construction work where such building or structures are removed
upon completion of work.
6.Landscaping pursuant to Section 7.14.
5.06.05 Height and Lot Requirements: The height and minimum lot requirements shall be as follows:
Single Family Dwelling 20,000 sq.ft.100 35 feet 20 feet 35 feet 35 feet 40%
Other Permitted Uses 20 acres 100 35 feet 20 feet 35 feet 35 feet*40%
Permitted Conditional Uses 20 acres 100 35 feet 20 feet 35 feet 35 feet*40%
Accessory Buildings --2 or 5 feet 35 feet 2 10 feet 35 feet 35 feet 20%
* 35 feet for all structures intended for human occupancy
5.06.06 Other Applicable Provisions:
1.The amount of land necessary for the raising of animals shall be computed as follows: One (1) acre
shall be required for the first animal unit (a.u.), and each animal unit (a.u.) thereafter shall require
one-half (0.5) acres.
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DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 Readopted January 2021 47
Section 5.07 R-9 - Single-Family Residential District
5.07.01 Intent: The (R-9) Single-Family Residential District is intended to permit residential developments that
accommodate single-family residential and compatible uses. The primary structure in the R-9 district
shall be residential in nature, and shall be the largest structure on a particular lot.
5.07.02 Permitted Uses:
1.Single family residential
2.Public services
3.Publicly owned park and recreation areas
5.07.03 Permitted Conditional Uses:
1.Child Care Center.
2.Funeral homes and mortuaries
3.Public and private recreation areas as, country clubs, golf courses, lakes, common areas and
swimming pools.
4.Hospitals, sanitariums, rest homes, nursing homes, elderly or retirement housing, convalescent
homes, other similar institutions, or philanthropic institutions.
5.Public utility main transmission lines including substations, distribution centers, regulator stations,
pumping stations, treatment facilities, storage, equipment buildings, garages, towers, or similar
public service uses.
6.Private recreation areas and facilities including country clubs, golf courses (but not miniature golf),
and swimming pools
7.Hospitals, nursing and convalescent homes.
8.Cemeteries, provided all structures are located one hundred feet (100’) from all property lines.
9.Water supply and storage, wastewater treatment, sewage and solid waste disposal facilities.
10.RV Parks.
5.07.04 Accessory Uses:
1.Buildings and uses customarily incidental to the permitted uses.
2.Private swimming pool, tennis court, and other recreational facilities in conjunction with a
residence.
3.Parking for permitted uses pursuant to Sections 7.01 through 7.05.
4.Signs pursuant to Sections 7.06 through 7.09.
5.Temporary buildings incidental to construction work where such building or structures are removed
upon completion of work.
6.Landscaping pursuant to Section 7.14.
5.07.05 Height and Lot Requirements: The height and minimum lot requirements shall be as follows:
Use Lot Area Lot Width Front Yard Side Yard Rear Yard Max. Height Max.
Coverage
Single Family Dwelling (detached)9,000 sq.ft.75'25 feet*****10 feet*25 feet 35 feet 30%**
Other Permitted Uses 2 acres 75'25 feet 20 feet 25 feet 35 feet 30%**
Other Permitted Conditional Uses 2 acres 75'25 feet 20 feet 25 feet 35 feet 30%**
Accessory Buildings --25 feet 2 or 5 feet****5 feet***20 feet 10%**
* 8 feet if developed prior to the adoption of the original zoning ordinance.
** Provided the total lot coverage for all buildings shall not exceed thirty percent (30%).
*** The rear yard setback for an accessory building or garage having vehicular access from an alley shall be twenty-five feet (25’).
**** Side yard setback for accessory buildings shall be 2 foot for lots with a width of less than 100 feet and 5 foot for lots with a width of
more than 100 feet.
***** 12.5’ for side yards located on a street side of a corner
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Section 5.08 R-6 - Multiple-Family Residential District
5.08.01 Intent: The (R-6) Multiple-Family Residential District is intended to permit an increased density of
residential development to include two-family and multi-family units, as well as other compatible uses.
The primary structure in the R-6 district shall be residential in nature.
5.08.02 Permitted Uses:
1.Single family dwellings.
2.Two-family dwellings.
3.Child Care Home.
4.Home Occupations, pursuant to Home Occupation standards in Section 7.10.
5.Educational institutions, including public and private primary schools, secondary schools including
universities, colleges, vocational schools, and business schools.
6.Churches, temples, seminaries, and convents including residences for teachers and pastors.
7.Funeral homes and mortuaries.
8.Publicly owned and operated parks, playgrounds, fire stations, community centers, and libraries.
9.Public service facilities.
10.Public parks and recreation areas, playgrounds and conservation areas including flood control
facilities and natural wildlife habitats and preserves, fire stations, community centers, and libraries
5.08.03 Permitted Conditional Uses:
1. Private recreation areas and facilities including country clubs, golf courses (but not miniature golf),
and swimming pools
2.Lodging and boarding houses.
3.Public utility main transmission lines including substations, distribution centers, regulator stations,
pumping, treatment facilities, storage, equipment buildings, garages, towers, or similar public
service uses.
4.Child Care Center.
5.Bed and Breakfast establishments.
6.Broadcast towers, pursuant to Section 7.11.Cemeteries, provided all structures are located one
hundred feet (100’) from all property lines.
7.Water supply and storage, wastewater treatment, sewage and solid waste disposal facilities.
8.Multiple Family Dwellings, not to exceed a density of 125 units/acre.
9.RV Parks
5.08.04 Accessory Uses:
1.Buildings and uses customarily incidental to the permitted uses.
2.Temporary buildings incidental to construction work where such buildings or structures are
removed upon completion of work.
3.Signs pursuant to Sections 7.06 through 7.09.
4.Parking pursuant to Sections 7.01 through 7.05.
5.Private swimming pool, tennis court, and other recreational facilities in conjunction with a
residence.
6.Landscaping pursuant to Section 7.14.
5.08.05 Height and Lot Requirements: The height and minimum lot requirements shall be follows:
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DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 Readopted January 2021 49
Use Lot Area Lot Width Front Yard* Side Yard* Rear Yard* Max. Height Max.
Coverage
Single-family Dwelling 6,000 sq.ft.60'25'7'*25'35'40%***
Single-family Dwelling Attached**6,000 sq.ft.60'25'7'*25'35'40%***
Two-family Dwelling 6,000 sq.ft.60'25'7'*25'35'40%***
Multi-family Dwelling 6,000 sq.ft.60'25'7'*25'35'40%***
Other Permitted Uses 6,000 sq.ft.60'25'7'*25'35'40%***
Permitted Conditional Uses 6,000 sq.ft.60'25'7'*25'35'40%***
Accessory Buildings --25'2 or 5'****2 or 5'****20'1520%***
* 1512.5’ for side yards located on a street side of a corner
** The side or rear yard setback for an accessory building or garage having vehicular access from an alley shall be twenty-five feet (25’).
*** Provided the total lot coverage for all buildings shall not exceed forty percent (40%).
**** Side yard setback for accessory buildings shall be 2 foot for lots with a width of less than 100 feet and 5 foot for lots with a width of
more than 100 feet.
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Section 5.08 R-3 - Multiple-Family Residential District
5.08.01 Intent: The (R-3) Multiple-Family Residential District is intended to permit an increased density of
residential development to include two-family and multi-family units, as well as other compatible uses.
The primary structure in the R-3 district shall be residential in nature, and shall be the largest structure
on a particular lot.
5.08.02 Permitted Uses:
1.Single family dwellings.
2.Two-family dwellings.
3.Multiple Family Dwellings not to exceed 30 units per acre
4.Apartments which are located on the upper floor of a structure
5.Child Care Home.
6.Home Occupations, pursuant to Home Occupation standards in Section 7.10.
7.Educational institutions, including public and private primary schools, secondary schools including
universities, colleges, vocational schools, and business schools.
8.Churches, temples, seminaries, and convents including residences for teachers and pastors.
9.Funeral homes and mortuaries.
10.Publicly owned and operated, fire stations, community centers, libraries, and similar facilities.
11.Public service facilities.
12.Public parks and recreation areas, playgrounds and conservation areas including flood control
facilities and natural wildlife habitats and preserves.
13.Business and professional services including: attorneys, banks, insurance, real estate, offices, postal
stations, printing, credit services, security brokers, dealers and exchange, title abstracting, savings
and loans, finance services and investment services
14.Bed and Breakfast establishments
15.Child Care Center.
5.08.03 Permitted Conditional Uses:
1.Private recreation areas and facilities including country clubs, golf courses (but not miniature golf),
and swimming pools
2.Lodging and boarding houses.
3.Public utility main transmission lines including substations, distribution centers, regulator stations,
pumping, treatment facilities, storage, equipment buildings, garages, towers, or similar public
service uses.
4.Broadcast towers, pursuant to Section 7.11.
5.Cemeteries, provided all structures are located one hundred feet (100’) from all property lines.
6.Water supply and storage, wastewater treatment, sewage and solid waste disposal facilities.
5.08.04 Accessory Uses:
1.Buildings and uses customarily incidental to the permitted uses.
2.Temporary buildings incidental to construction work where such buildings or structures are
removed upon completion of work.
3.Signs pursuant to Sections 7.06 through 7.09.
4.Parking pursuant to Sections 7.01 through 7.05.
5.Private swimming pool, tennis court, and other recreational facilities in conjunction with a
residence.
6.Landscaping pursuant to Section 7.14.
5.08.05 Height and Lot Requirements: The height and minimum lot requirements shall be follows:
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DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 Readopted January 2021 51
Use Lot Area Lot Width Front Yard* Side Yard* Rear Yard* Max. Height Max.
Coverage
Single-family Dwelling 6,000 sq.ft.60'25'5'*10'75'80%***
Single-family Dwelling Attached**3,000 sq.ft.60 30'25'5'*10'75'80%***
Two-family Dwelling 3,000 sq.ft.60 30'25'5'*10'75'80%***
Multi-family Dwelling 3,000 sq.ft.60 30'25'5'*10'75'80%***
Other Permitted Uses 3 6 ,000 sq.ft.60'25'5'*10'75'80%***
Permitted Conditional Uses 3 6 ,000 sq.ft.60'25'5'*10'75'80%***
Accessory Buildings ---2 or 5'*2 or 5'**35'25 40 %***
*1512.5’ for side yards located on a street side of a corner
** The side or rear yard setback for an accessory building or garage having vehicular access from an alley shall be twenty-five feet (25’).
*** Provided the total lot coverage for all buildings shall not exceed forty percent (40%).
**** Side yard setback for accessory buildings shall be 2 foot for lots with a width of less than 100 feet and 5 foot for lots with a width of
more than 100 feet.
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DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 Readopted January 2021 52
Section 5.09 RM - Mobile Home Residential District
5.09.01 Intent: The (RM) Residential Mobile Home District is intended to provide for mobile home
developments on leased or owned property in areas where a mobile home park or subdivision is
appropriate, and where such development is recognized as being in the best interests of the Village. The
RM District is a floating zone district. Although the specific conditions within this district are
predetermined, the location of a proposed district must be carefully reviewed to assure that the following
conditions are met.
5.09.02 Permitted Uses:
1.Single family dwellings.
2.Mobile or Manufactured home dwellings.
3.Home Occupations pursuant to Home Occupation standards in Section 7.10.
4.Public parks, playgrounds and recreational facilities.
5.Cemeteries, not including mausoleums.
6.Churches and other places of worship.
7.Publicly owned and operated, fire stations, community centers, libraries, and similar facilities.
8.Public service facilities.
9.Public parks and recreation areas, playgrounds and conservation areas including flood control
facilities and natural wildlife habitats and preserves.
10.Educational institutions, including public and private primary schools, secondary schools including
universities, colleges, vocational schools, and business schools
5.09.03 Permitted Conditional Uses:
1.Child Care Centers.
2.Elderly Day Care Centers.
3.Public utility main transmission lines including substations, distributions centers, regulator
stations, pumping, treatment facilities, storage, equipment buildings, garages, towers, or similar
public service uses.
5.09.04 Accessory Uses:
1.Buildings and uses customarily incidental to the permitted uses.
2.Signs pursuant to Sections 7.06 through 7.09.
3.Parking pursuant to Sections 7.01 through 7.05.
4.Landscaping pursuant to Section 7.14.
5.09.05 Lot and Height Requirements:
1.A mobile home development shall have a lot area of not less than two (2) acres. No mobile homes
or other structures shall be located less than twenty-five feet (25’) from the road centerline when
contiguous to or having frontage to a Village Street or State Highway. The setback on all other
court property lines shall be ten feet (10’). These areas shall be landscaped. The minimum lot
depth in a mobile home court shall be two hundred feet (200’).
2.Each lot provided for occupancy of a single mobile home dwelling shall have an area of not less
than four thousand (4,000) square feet, excluding road right-of-way, and a width of not less than
forty feet (40’). Each individual lot shall have:
a).Side yard setback shall not be less than five feet (5’), except that on corner lots, the setback
for all buildings shall be a minimum of twenty-five feet (25’) on the side abutting a
street/road.
b).Front yard setback shall not be less than twenty-five feet (25’).
c).Rear yard of not less than twenty-five feet (25’).
3.There shall be a minimum livable floor area of five hundred (500) square feet in each mobile
home.
4.Height of buildings shall be:
a).Maximum height for principal uses shall be thirty-five feet (35’).
b).Maximum height for accessory uses shall be ten feet (10’).
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5.Each lot shall have access to a hard surfaced drive not less than twenty-four feet (24’) in width,
excluding parking.
6.Community water and community sewage disposal facilities shall be provided with
connections to each lot, in accordance with design standards for the Village. The water supply
shall be sufficient for domestic use and for fire protection.
7.Service buildings including adequate laundry and drying facilities. Common toilet facilities for
mobile homes which do not have these facilities within each unit may be provided.
8.Not less than ten percent (10%) of the total court area shall be designated, used, and maintained
for park, playground and recreational purposes.
9.Each mobile home dwelling shall be provided with a paved patio or equivalent, other than
parking spaces, of not less than one-hundred and fifty (150) square feet.
5.09.06 Plan Requirements:
A complete plan of the mobile home development shall be submitted showing:
1.A development plan and grading plan of the court.
2.The area and dimensions of the tract of land.
3.The number, location, and size of all mobile home spaces.
4.The area and dimensions of the park, playground and recreation areas.
5.The location and width of roadways, street names, and walkways.
6.The location of service buildings and any other proposed structures.
7.The location of water and sewer lines and sewage disposal facilities.
8.Plans and specifications of all buildings and other improvements constructed or to be
constructed within the mobile home court.
5.09.07 Use Limitations: All lots must be platted in accordance with the Subdivision Regulations of the
Village of Doniphan.
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DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 Readopted January 2021 54
Section 5.09 CBD BGC Downtown Commercial District
5.09.01 Intent: The Downtown Commercial District is intended to establish standards that will foster, maintain
and revitalize the downtown commercial area, and help it remain distinct from other commercial areas
located within Doniphan.
5.09.02 Permitted Uses:
1.Business services including: attorneys, banks, insurance, real estate offices, postal stations, credit
services, security brokers, dealers and exchange, title abstracting, finance services and investment
services.
2.Museums, art galleries, and other public or semi-public cultural facilities.
3.Retail business or service establishment supplying commodities or performing services, such as,
or in compatibility with and including the following:
A.Book store,
B.Brew-on premises store
C.Dry cleaning and laundry pickup
D.Floral shop
E.Gift and curio shop
F.Jewelry store
G.Restaurants, cafes and fast food establishment
H.Travel agencies
I.Video store,
J.Food Sales
K.Commercial Trades including (Plumbers, HV/HC, Electricians, Carpenters)
4.Meeting Halls
5.Community centers
6.Public services
7.Funeral Homes
8.Carpet, Furniture, and Appliance Sales
9.Congregate housing
10.Medical offices
11.General offices
12.Tavern and cocktail lounge
13.Brew Pubs
14.Day care center
15.Churches and temples
16.Department Stores
17.Retail trade centers
18.Educational institutions under the supervision and administration of a public agency
19.Multiple FamilyDwelling Units, provided it adheres to the following:
A.All dwelling units shall be on the upper floors
B.Parking shall be provided to the rear of the building
C.Entrances shall be articulated through the use of architectural detailing, and shall be
separate from other uses within the same structure
5.09.03 Permitted Conditional Uses:
1.Automobile display, sales, service, and repair.
2.Micro breweries when in conjunction with a restaurant
3.Coffee Kiosks
4.Automated Teller Machines when not within the interior of a primary use
5.Convenience store with limited fuel sales.
6.Health Clubs and tanning salon, not including uses defined in Adult Establishment
7.Health Recreation Facilities, not including uses defined in Adult Establishment
8.Public and private higher educational institutions such as trade schools, colleges, and seminaries.
9.Single Family Residential
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DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 Readopted January 2021 55
5.09.05 Permitted Accessory Uses
1.Buildings and uses customarily incidental to the permitted uses.
2.Parking as permitted in Section 7.05 through 7.09.
3.Signs allowed in Section 7.01 through 7.04.
4.Landscaping as required by Section 7.17 Fabrication and assembly associated with a permitted
retail or wholesale use.
5.09.06 Height and Lot Requirements:
1. The height and minimum lot requirements shall be as follows:
Uses Lot Area
(SF)
Lot
Width
Front
Yard
Side
Yard
Rear
Yard
Max.
Height
Max. Lot
Coverage**
Permitted Uses - - - -10’ 60’ 100%
Permitted Conditional Uses - - - -10’ 60’ 100%
Accessory Uses - - - - 2 or 5’* 15’ 150%
* Side yard setback for accessory buildings shall be 2 foot for lots with a width of less than 100 feet and 5 foot for lots with a width of
more than 100 feet.
** While maintaining minimum setbacks
5.09.07 Use Limitations:
1. When adjacent to residentially zoned land, no parking, drives or signs shall be within fifteen (15)
feet of such district. Furthermore, permanent screening shall be provided in this area in order to
minimize impacts on residentially zoned property, as per Section 7.14.04.
2. Exterior lighting fixtures shall be shaded so that no direct light is cast upon any residential
property and so that no glare is visible to any traffic on any public street.
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DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 Readopted January 2021 56
Section 5.10 GC - General Commercial District
5.10.01 Intent: The (GC) General Commercial District is intended to provide for commercial development
within the corporate limits of Doniphan, with a specific focus to support the existing downtown area of
Doniphan, as well as benefit the retail trade, business, cultural, and social activities of the entire
community.
5.10.02 Permitted Uses:
1.Business and professional services including: attorneys, banks, insurance, real estate, offices, postal
stations, printing, credit services, security brokers, dealers and exchange, title abstracting, savings
and loans, finance services and investment services.
2.Dance studio,.
3.Meeting hall,.
4.Retail business or service establishment supplying commodities or performing services at a small
scale, such as, or in compatibility with and including the following:
a).Appliance store.
b).Antique stores and secondhand shops.
c).Automobile parts supply store, not including repair or service facilities.
d).Barber and Beauty shop.
e).Bookstore.
f).Clothing and tailoring shops.
g).Computer store.
h).Drug stores and prescription shops.
i).Floral shop and commercial greenhouses.
j).Furniture store or showroom.
k).Gift and curio shop.
l).Grocery store and bakeries.
m).Hardware store.
n).Hobby, craft, toy store.
o).Indoor amusement and entertainment establishment, including bowling alleys and movie
theaters.
p).Medical and dental clinics.
q).Newsstands.
r).Photography studio.
s).Picture framing shop.
t).Restaurants and cafes, not including fast food and drive-thru restaurants.
u).Self-service laundry facilities.
v).Tanning salon.
w).Telephone exchange and telephone answering services.
x).Variety store.
y).Video store.
z).Dwelling units not to exceed 9 units per acre if any are located on the ground floor or 20 units
per acre if all units are located above the ground floor.
aa).Commercial Trades including (Plumbers, HV/HC, Electricians, Carpenters)
5.10.03 Permitted Conditional Uses:
1.Agricultural implement sales and service shops.
2.Automobile parking lot.
3.Automobile sales, service, and repair facilities, including tire sales and installation.
4.Bar, tavern, and cocktail lounge.
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DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 Readopted January 2021 57
5.Business or professional school.
6.Car wash.
7.Churches, temples, seminaries, and convents including residences for teachers and pastors.
8.Convenience store with limited fuel sales.
9.Dance club.
10.Dry cleaners and establishments (not over two-thousand (2,000) square feet in floor area) with one
dry cleaning unit having a capacity not to exceed thirty-five (35) pounds per cycle using
nonflammable or non-explosive solvents.
11.Exercise and fitness facility.
12.Fast food and drive-thru restaurants
13.Frozen food locker.
14.Garden supply and retail garden center.
15.Gas station.
16.Liquor store.
17.Lumber yard, home improvement center.
18.Outdoor amusement and entertainment establishment, including miniature golf, but not including
outdoor movie theaters.
19.Public overhead and underground local distribution utilities.
20.Self-storage units.
21.Social club and fraternal organizations.
22.Veterinarians’ offices and hospitals, and boarding kennels, provided that no structure or building
used to house horses or other animals is located closer than one-hundred feet (100’) to any
residential use.
5.10.04 Accessory Uses:
1.Buildings and uses customarily incidental to the permitted uses.
2.Parking pursuant to Sections 7.01 through 7.05.
3.Signs pursuant to Sections 7.06 through 7.09.
4.Temporary buildings and uses incidental to construction work, which will be removed upon
completion or abandonment of the construction, work.
5.Landscaping pursuant to Section 7.14.
6.Fabrication and assembly associated with a permitted retail or wholesale use.
5.10.05 Height and Lot Requirements: The height and minimum lot requirements shall be as follows:
Uses Lot Area
(SF)
Lot
Width
Front
Yard
Side Yard Rear
Yard
Max.
Height
Max. Lot
Coverage**
Permitted Uses -5,000 60 30 0 30 0 30 10’45’* 60%
Permitted Conditional Uses 5000- 60 30 0 30 0 30 10’’ 60’ 60%
Accessory Uses - - - 2 or 5’**- 2 or 5’** 20’ 1530%
* The maximum height of any use shall be decreased to thirty-five feet (35’) when located within one-hundred feet (100’) of any
residential district.
** Side yard setback for accessory buildings shall be 2 foot for lots with a width of less than 100 feet and 5 foot for lots with a width of
more than 100 feet.
5.10.06 Use Limitations:
1.When adjacent to any residential district, no parking, drives or signs shall be allowed in the required
front yard within fifteen feet (15’) of such residential district.
2.No outdoor storage, except the display of merchandise for sale to the public, shall be permitted.
3.Exterior lighting fixtures shall be shaded so that no direct light is cast upon any residential property
and so that no glare is visible to any traffic on any public street.
4.All developments larger than five (5) acres shall be developed as a Planned Unit Development
(PUD).
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ARTICLE 5:ZONING DISTRICTS
DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 Readopted January 2021 58
Section 5.11 HC - Highway Commercial District
5.11.01 Intent: The (HC) Highway Commercial District is intended to establish standards that will foster and
maintain a specific area of commercial development that will benefit the entire community and enhance
the highway corridor approaching Doniphan. This district is further intended to be utilized for uses
other than those allowed in the GC General Commercial District. This district shall be developed in
such a way that it does not hinder or impede the development of the downtown area.
5.11.02 Permitted Uses:
1. Business services including: attorneys, banks, insurance, real estate offices, postal stations, credit
services, security brokers, dealers and exchange, title abstracting, finance services and investment
services;
2. Child care center.
3. Dance studio,
4. Meeting hall,
5. Museum, art gallery.
6. Retail business or service establishment supplying commodities or performing services, such as,
or in compatibility with and including the following:
A.Apparel shop
B.Appliance store
C.Antique store
D.Automobile parts and supply store
E.Bakery shop (retail)
F.Barber and Beauty shop
G.Bicycle shop
H.Book store,
I.Brew-on premises store
J.Camera store
K.Communication services
L.Computer store
M.Confectionery
N.Dairy products sales
O.Drug store
P.Dry cleaning and laundry pickup
Q.Exercise, fitness and tanning spa,
R.Food Sales (Limited)
S.Food Sales (General)
T.Floral shop
U.Mortuary
V.Furniture store or showroom
W.Gift and curio shop
X.Gunsmith
Y.Hardware store
Z.Hobby, craft, toy store
AA.Jewelry store
BB.Liquor store
CC.Locksmith
DD.Meat market, retail
EE.Music retail store
FF.Newsstands,
GG.Paint store
HH.Pet shop
II.Photographer
JJ.Picture framing shop
KK.Reservation center
LL.Restaurants, cafes and fast food establishments
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DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 Readopted January 2021 59
MM.Second hand stores
NN.Shoe store
OO.Sporting goods
PP.Stamp and coin stores
QQ.Tailors and dressmakers
RR.Tanning salon
SS.Travel agencies
TT.Video store,
UU.Social club and fraternal organizations,
VV.Telephone exchange
WW.Telephone answering service
XX.Automobile, motorcycle, and truck sales and services
YY.Public overhead and underground local distribution utilities.
ZZ.Convenience store with limited fuel sales
AAA.Retail trade enter, provided that areas larger than 5 acres are established as a Planned
Unit Development.
BBB.Shopping center, provided that all shopping centers larger than 5 acres are established as
a Planned Unit Development
CCC.Theater, indoor,
DDD.Retail building material sales; provided that the following minimum standards are
present:
A.All lumber shall be enclosed with the primary structure.
B.All year round landscaping materials shall be enclosed within the primary
structure.
5.11.03 Permitted Conditional Uses:
1.Agriculture implement sales and services.
2.Commercial Recreation Center.
3.Construction equipment rental and sales.
4.Electric and telephone substations.
5.Lumber and building materials sales yard.
6.Mobile Home and Trailer sales and rentals.
7.Outdoor amusement establishments (amusement parks, permanent carnival and kiddie-parks,
miniature golf, driving ranges).
8.RV parks.
9.Service Stations.
10.Recreational establishments.
11.Department Store
12.Variety store, not including uses defined in Adult Establishment
13.Amusement arcades.
14.Brew Pubs
15.Coffee Kiosks
16.Micro breweries when in conjunction with a restaurant.
17.Automated Teller Machines when not within the interior of a primary use
18.Theater, indoor, not including uses defined in Adult Establishment.
19.Bowling center.
20.Commercial greenhouse.
21.Mail order services.
22.Pinball or video games business.
23.Tavern and cocktail lounge, not including uses defined in Adult Establishment
24.Totally enclosed, automated and conveyor-style car washes.
25.Garden supply and retail garden center.
26.Outdoor storage that is ancillary to a primary use.
27.Pet Health Services, provided the following:
A.Said use is totally enclosed within a building
B.Said services shall be provided for dogs, cats, birds, fish, and similar small animals
customarily used as household pets
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DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 Readopted January 2021 60
C.Typical uses include animal veterinary clinics with overnight boarding, only if medically
necessary, not exceeding 48 hours
D.Grooming shall only be associated with a medical appointment
E.This excludes uses for livestock and other large animals and uses for general grooming,
dog bathing and clipping salons.
31. Outdoor storage, subject to the following requirements:
A.A landscape buffer shall be provided with a minimum of five shrubs and two trees shall be
provided for every 150 square feet of storage area
B.Exterior lighting fixtures shall be shaded so that no direct light is cast upon any residential
property and so that no glare is visible to any traffic on any public street
5.11.04 Permitted Accessory Uses:
1.Buildings and uses customarily incidental to the permitted uses.
2.Parking pursuant to Sections 7.01 through 7.05.
3.Signs pursuant to Sections 7.06 through 7.09.
4.Temporary buildings and uses incidental to construction work that shall be removed upon
completion or abandonment of the construction work.
5.Landscaping pursuant to Section 7.14.
6.Fabrication and assembly associated with a permitted retail or wholesale use.
5.11.05 Height and Lot Requirements: The height and minimum lot requirements shall be as follows:
Use Lot Area Lot Width Front Yard Side Yard Rear Yard Max. Height Max. Lot
Coverage
Permitted Use 10,000 sq.ft.100 feet 30 feet *20 feet 45 feet**40%
Permitted Conditional Use 10,000 sq.ft.100 feet 30 feet *20 feet 45 feet**40%
Accessory Buildings ---*5 feet 45 feet**20%
* None, except any side yard adjacent to any agriculture or residential district shall conform to the agriculture or residential yard setback
requirement for the adjacent agriculture or residential yard.
** The maximum height of any use shall be decreased to thirty-five feet (35’) when located within one-hundred feet (100’) of any
residential district.
5.11.06 Use Limitations:
1.When adjacent to residentially zoned land, no parking, drives or signs shall be allowed in the
required front yard within fifteen feet (15’) of such district.
2.No outdoor storage, except the display of merchandise for sale to the public, shall be permitted.
3.Exterior lighting fixtures shall be shaded so that no direct light is cast upon any residential property
and so that no glare is visible to any traffic on any public street.
4.All developments shall include access roads and an interior circulation system when directed by the
Planning Commission.
5.All developments in excess of five (5) acres shall be established as a Planned Unit Development
(PUD)
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DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 Readopted January 2021 61
Section 5.12 I-1 – Light Industrial District
5.12.01 Intent: It is the intent of the Light Industrial District Regulations to provide standards for area suitable
for some limited industrial, wholesaling and storage activities, to preserve land for the expansion of the
basic economic activities, to free these areas from intrusion by incompatible land uses, that these areas
should be served with adequate transportation facilities, and that user of this land conduct activities that
create low to moderate hazards to adjacent properties.
5.12.02 Permitted Uses:
1.Assembly, fabrication and processing of products inside an enclosed building, except hazardous or
combustible materials.
2.Manufacture and assembly of electrical and electronic appliances.
3.Manufacturing, compounding, processing, packaging, or treatment of articles or merchandise from
previously prepared materials.
4.Manufacture of light sheet metal products including heating and ventilation equipment.
5.Public local distribution and main transmission utilities.
6.Warehouses and wholesale businesses.
7.Building materials yards with enclosed and screened storage areas.
8.Highway maintenance yards or buildings.
9.Self storage units.
10.Publicly owned and operated facilities such as fire stations, community center, and similar facilities.
11.Educational institutions such as universities, colleges, vocational schools, and business schools that
provide educational opportunities of an industrial nature
5.12.03 Permitted Conditional Uses:
1.Broadcast towers, pursuant to Section 7.11.
2.Overhead and underground utility main transmission lines including but not limited to power,
telephone, gas, fuel, or fertilizer lines, substations, terminal facilities, and reservoirs.
3.Grain Storage.
4.Construction and heavy equipment sales and service.
5.Farm implement sales and service.
6.Truck terminal and dock facilities to include truck washing.
7.Auto body repair and shops.
8.Perimeter security fencing above six feet (6’) in height.
9.Auction Sales.
10.Caretaker’s or Watchman’s quarters, provided such uses are less then 600 sq. ft.
5.12.04 Accessory Uses:
1.Buildings and uses customarily incidental to the permitted uses.
2.Parking pursuant to Sections 7.01 through 7.05.
3.Signs pursuant to Sections 7.06 through 7.09.
4.Temporary buildings and uses incidental to construction work, which will be removed upon
completion or abandonment of the construction, work.
5.Landscaping pursuant to Section 7.14.
5.12.05 Height and Lot Requirements: The height and minimum lot requirements shall be as follows:
Use Lot Area Lot Width Front Yard Side Yard Rear Yard Max. Height Max. Lot
Coverage
Permitted Uses 20,000 sq.ft.80'50'10'*20'50'50%
Permitted Conditional Uses 20,000 sq.ft.80'50'10'*20'50'50%
Accessory Uses -----50'30%
* The setback for side yards on the street side of a corner lot shall be increased to fifteen feet (15’).
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5.12.06 Use Limitations:
1.When adjacent to any residential district, no parking, drives or signs shall be allowed in the required
front yard within fifteen feet (15’) of such residential district.
2.When adjacent to any residential district, new construction shall provide a six foot (6’) high
permanent screen in order to minimize impacts on residentially zoned property, pursuant to Section
7.14.02(2), unless there is a street or road that separates new construction from a residential district.
3.Exterior lighting fixtures shall be shaded so that no direct light is cast upon any residential property
and so that no glare is visible to any traffic on any public street.
4.All developments shall include access roads and an interior circulation system.
5.All developments greater than five (5) acres shall be developed as a Planned Unit Development.
5.12.07 Performance Standards: See Section 7.13 of the Supplemental Regulations.
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DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 Readopted January 2021 63
Section 5.14 I-2 Heavy Industrial District.
5.12.01 Intent: It is the intent of the Heavy Industrial District Regulations to provide standards for area suitable
for some limited industrial, wholesaling and storage activities, to preserve land for the expansion of the
basic economic activities, to free these areas from intrusion by incompatible land uses, that these areas
should be served with adequate transportation facilities, and that user of this land conduct activities that
create low to moderate hazards to adjacent properties.
5.12.02 Permitted Uses:
1.Assembly, fabrication and processing of products inside an enclosed building, except hazardous
or combustible materials.
2.Laboratories.
3.Manufacture and assembly of electrical and electronic appliances.
4.Manufacturing, compounding, processing, packaging, or treatment of articles or merchandise
from previously prepared materials.
5.Manufacture of light sheet metal products including heating and ventilation equipment.
6.Printing and publishing business.
7.Stone and monument works.
8.Public local distribution and main transmission utilities.
9.Warehouses and wholesale businesses.
10.Building materials yards with enclosed and screened storage areas.
11.Highway maintenance yards or buildings.
12.Bottling Works
13.Dairy products processing
14.Laboratory
15.Veterinarian or animal hospitals
16.Ice Plant
17.Laundry and dry cleaning plant
18.Manufacturing, compounding, processing, packaging or treatment of articles or merchandising
from previously prepared materials such as bone, cloth, aluminum, cork, fiber, leather, glass,
plastic, paper, stones, tin, rubber, and paint
19.Millwork, woodwork
20.Storage and sales of farm, agricultural, or chemical products
21.Tire retreading and recapping
22.Processing of food products
23.Public services
24.General and Medical offices
25.Parks and recreation
26.Equipment rental, sales, and repair
27.Construction and contractor storage yard, sales, and repair
28.Self service mini storage
29.Dry cleaning services
30.Vehicle storage, short and long term
31.Ancillary parking
32.Warehousing
33.Railroads
34.Truck and transportation terminals
35.Construction batch plants that are temporary in nature
5.12.03 Permitted Conditional Uses
1.Fertilizer transmission lines.
2.Utility substations, terminal facilities, and reservoirs.
3.Radio, television and communication towers and transmitters, as per Section 7.11
4.Auction Sales
5.Construction and heavy equipment sales and service
6.Farm implement sales and service
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DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 Readopted January 2021 64
7.Research facilities
8.Truck terminal and dock facilities to include truck washing
9.Auto body repair
10.Auto Salvage
11.Central mixing plant for concrete, asphalt, or paving material
12.Scrap and salvage yard
13.Storage of bulk petroleum products
14.Storage or processing of non-hazardous material
15.Airports, Heliports, and similar aeronautical facilities
5.12.04 Permitted Accessory Uses
1.Buildings and uses customarily incidental to the permitted uses.
2.Parking as permitted in Section 7.05 through 7.09.
3.Signs allowed in Section 7.01 through 7.04.
4.Temporary buildings and uses incidental to construction work which will be removed upon
completion or abandonment of the construction work.
5.Live-in quarters used by live-in watchman or custodians during periods of construction, provided
no such structure shall be greater than 600 sq. ft.
6.Landscaping as required by Section 7.17
5.12.05 Height and Lot Requirements: The height and minimum lot requirements shall be as follows:
Max. Lot Coverage Lot Area
(SF)
Lot
Width
Front
Yard
Side
Yard
Rear
Yard
Max.
Height
Max. Lot
Coverage Permitted Uses 25,000 100’ 50’1 25’20’ - 80%
Permitted Conditional Uses 25,000 100’ 50’1 25’20’ - 80%
Accessory Uses - - - 2 or 5’ 2 or 5” 30’ 15%
1 50' front yard setback required only when no parking is present in the front yard. If parking is located in the front yard then
front yard setback is a minimum of seventy (75) feet.
5.12.06 Use Limitations:
1.When adjacent to any residential district, no parking, drives or signs shall be allowed in the required
front yard within fifteen feet (15’) of such residential district.
2.When adjacent to any residential district, new construction shall provide a six foot (6’) high
permanent screen in order to minimize impacts on residentially zoned property, pursuant to Section
7.14.02(2), unless there is a street or road that separates new construction from a residential district.
3.Exterior lighting fixtures shall be shaded so that no direct light is cast upon any residential property
and so that no glare is visible to any traffic on any public street.
4.All developments shall include access roads and an interior circulation system.
5.All developments greater than five (5) acres shall be developed as a Planned Unit Development.
5.12.07 Performance Standards:
See Section 7.16 of the Supplemental Regulations
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ARTICLE 5:ZONING DISTRICTS
DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 Readopted January 2021 65
Section 5.15 PUD PLANNED UNIT DEVELOPMENT
5.15.01 Intent
The purpose of the Planned Unit Development regulations is to encourage flexibility in the design and
development of land in order to promote its most appropriate use in an attractive and pleasant manner, to
facilitate the adequate and economical provision of street, utilities and other improvements, and to
preserve the natural and scenic qualities of open area.
5.15.02 Qualifying Requirements
In order to qualify for treatment under these Planned Unit Development regulations, a tract or parcel of
land proposed for a Planned Unit Development application must be either in one ownership or filed jointly
by the owners of all property included. For the purposes of this section, the holder of a written option to
purchase land shall for purposes of such application be deemed to be an owner of such land.
The planning commission, in its minutes, shall set forth its reasons for recommendation of approval or
denial of the application for a PUD District, along with specific evidence and facts showing that the
proposal meets or does not meet the following conditions.
A)Said planned unit development shall be in general conformity with the provisions of the Doniphan
Comprehensive Plan.
B)Said planned unit development shall not have a substantially adverse effect on the development of the
neighboring area.
C)The minimum size allowed for a PUD District shall be as follows:
1.Residential, three acres
2.Commercial, three (5) acres;
3.Industrial, three (5) acres;
4.Height, bulk, and setback requirements may be varied so as to promote an efficient and creative
PUD District.
5.15.03 Coordination With Any Subdivision Regulations Which May Be Enacted
It is the intent of this Ordinance that subdivision review under any subdivision regulation which may be
enacted and in effect be carried out simultaneously with the review of a Planned Unit Development under
this Zoning Ordinance. The plans required under SECTION ### must be submitted in a form which will
satisfy the requirements of the subdivision regulations for the preliminary and final plans required under
those regulations, as determined by the official charged with the administration of the subdivision
regulations.
Both this Ordinance and any other subdivision regulations which may be in effect may both contain
regulations which apply to such matters in the design of a Planned Unit Development as streets and open
spaces. In any Planned Unit Development for which the provisions of the two ordinances may be in
conflict, the regulations of the subdivision regulations shall govern.
5.15.04 Planned Unit Developments Permitted in Certain Districts
A Planned Unit Development may be located in any residential, commercial, or industrial zoning district;
EXCEPT for the MH Mobile Home Residential District.
5.15.04.01 Uses Permitted in Planned Unit Developments
The following uses and structures may be permitted, either individually or in
combination, in a Planned Unit Development:
1.Single-family, two-family and multiple-family dwelling units;
2.Trade, professional and service uses;
3.Automotive vehicle service stations (except the provision of transient lodging
facilities for teamsters);
4.Educational services;
5.Cultural, entertainment and recreational uses;
6.Golf courses and country clubs;
7.Play fields and athletic fields;
8.Utility substations;
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ARTICLE 5:ZONING DISTRICTS
DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 Readopted January 2021 66
9.On-site signs;
10.Field crops, horticulture, grass or grazing lands or natural habitat.
11.Light manufacturing and other uses which may be permitted by the covenants of the
Planned Unit Development to such an extent that the Village of Doniphan will be
able to control and monitor such usage by means of conditional use permits required
for these specific types of usage.
5.15.05 Preliminary Development Plan
An applicant shall make application for the approval of a Planned Unit Development in the same manner
as an amendment to the Official Zoning Map and include a preliminary development plan.
5.15.05.01 Required Information
A preliminary development plan must show enough of the area surrounding the proposed
Planned Unit Development to demonstrate the relationship of the Planned Unit Development
to adjoining uses, both existing and proposed, and also include all the following information:
a)A map showing street systems, lot lines and lot design. Street width and surfacing
shall be shown on said map. Private streets shall be identified as private.
b)A generalized plan showing the proposed system for the drainage of surface and
storm water. Relevant floodway and floodway fringe delineation and elevation
shall be shown if applicable.
c)A generalized plan showing the proposed system for the collection and disposal of
sewage.
d)A generalized plan showing the proposed water supply and distribution system.
e)Areas proposed to be conveyed, dedicated or reserved for parks, parkways,
playgrounds, school sites, public buildings, and similar public and semi-public uses
or other permanent open space uses
f)A plot plan identifying significant environmental feature including but not limited
to: lakes, ponds, streams, ridges, scenic views, natural prairie or other grasslands,
trees of with a diameter of more than 2 inches, clumps or 5 or more trees and/or
bushes. Tree species shall be identified by common name.
g)A plot plan for each building site and common open area, showing the maximum
building envelope and indicating the landscaping areas around buildings and
structures.
h)Elevation and perspective drawings of all proposed structures and improvements
except single-family or two family dwellings and their accessory buildings. The
drawings need not be the result of final architectural decisions and need not be in
detail.
i)A development schedule indicating
1)the approximate date when construction of the project can be expected to
begin;
2)the stages in which the project will be built and the approximate date when
construction of each stage can be expected to begin;
3)the anticipated rate of development;
4)the approximate dates the development of each of the stages in the
development will be completed; and
5)the area and location of common open spaces that will be provided at each
stage.
j)Agreements, provisions or covenants which govern the use, maintenance and continued
protection of the Planned Unit Development and any of its common open areas and
private streets or utilities.
k)The following plans and diagrams, insofar as the Planning Commission finds that the
Planning Unit Development creates special problems of traffic, parking, landscaping or
economic feasibility.
1)An off-street parking and loading space plan.
2)A circulation diagram indicating the proposed movement of vehicles, goods
and pedestrians within the Planned Development, and to and from existing
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ARTICLE 5:ZONING DISTRICTS
DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 Readopted January 2021 67
thoroughfares, any special engineering features and traffic regulation devices
needed to facilitate or insure the safety of this circulation pattern must be
shown.
3)A landscaping and tree planting plan.
4)An economic feasibility report or market analysis.
5.15.05.02 Approval of Preliminary Development Plan
Within 60 days after the submission of the application for a Planned Unit Development to the
Planning Commission, the Planning Commission shall forward said application containing a
preliminary development plan and written statement to the Village Board together with its
own written report recommending that the preliminary development plan be disapproved,
approved or approved with modifications, and giving the reasons therefore.
The Village Board shall hold a public hearing on the preliminary plan within 60 days after
receipt of the Planning Commission’s report. At least ten days notice of the time and place
of such hearing shall be published in a newspaper of general circulation in the county. After
the public hearing, the Village Board shall approve, disapprove or approve with
modifications, the preliminary development plan.
If the preliminary development plan is approved by the Village Board, the Official Zoning
Map shall be amended to show the Planned Unit Development. If the preliminary
development plan is approved with modification, the Official Zoning Map shall not be
amended until the applicant has filed with the Village Board written consent to the plan as
modified. No building permits may be issued on land within the Planned Unit Development
until final plans for the development have been approved by the Planning Commission under
the procedures established in the following sections.
5.15.06 Approval of Final Development Plan
Within one year following the approval of the preliminary development plan, the applicant shall file with
the Planning Commission a final development plan containing in final form the information required in the
preliminary plan. In its discretion and for good cause, the Planning Commission may extend for six
months the period for the filing of the final development plan.
The Planning Commission shall review the final development plan and shall approve the final
development plan and shall approve the final development plan if it is in substantial compliance with the
preliminary development plan. The approved final plan shall be forwarded to the Village Board for
approval and subsequent filing with the County Register of Deeds similarly to any final subdivision.
5.15.07 Failure to Begin Planned Unit Development
If no construction has begun or no use has been established in the Planned Development within one year
from the approval of the final development plan, the final development plan shall lapse and be of no
further effect. In its discretion and for good cause, the Planning Commission may extend for one
additional year the period for the beginning of construction or the establishment of a use. If a final
development plan lapses under the provisions of this section, the Village Clerk shall file a notice of
revocation with the recorded final development plan, and the Village Board shall initiate a rezoning
procedure for revision of the property to the zoning district applicable before the Planned Unit
Development was approved.
5.15.08 Changes in the Final Development Plan
No changes may be made in the approved final plan during the construction of the Planned Unit
Development except upon application to the appropriate agency under procedures provided below:
a)Minor changes in the location, siting and height of buildings and structures, rearrangement of lot
lines if no new lots, easements or right-of-way is created, may be authorized by the Planning
Director if required by engineering or other circumstances not foreseen at the time the final plat
was approved. No change authorized by this section may increase the cube of any building or
structure by more than 10 percent.
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ARTICLE 5:ZONING DISTRICTS
DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 Readopted January 2021 68
b)All other changes in use, rearrangement streets and blocks, any changes in the provision of
common open spaces and all other changes in the approved final plan must be made by the
Village Board under the procedures authorized by this Ordinance for the amendment of the
Official Zoning Map.
5.15.09 Density Bonuses
The use of the PUD District, in conjunction with Conservation Easements, will allow a developer of a
Subdivision to institute Density Bonuses.
Density Bonuses may be awarded in direct proportion to the amount of the proposed Subdivision that is
placed within a Conservation Easement.
For example:
If a developer places 30% of the proposed Subdivision into a Conservation Easement,
then the required Lot Area may be reduced by 30% in order to maintain the same
number of lots that would have been allowed by the Subdivision lot area and the
minimum lot size of the Zoning District.
Normal Development
A developer has 10 acres of land to develop = 435,600 square feet
Minimum lot area of the Zoning District = 10,000 square feet
Total lots (minus streets) = 43.56
Development with Conservation Easements
Same site of 10 acres = 435,600 square feet
30% of site is placed in a Conservation Easement = 130,680 square feet
Density Bonus allows total lots of 43.56
New minimum lot area for Subdivision = 7,000 square feet
Density Bonuses shall not be a means for a developer to lower the Minimum Lot Area within Subdivision,
particularly if private water wells and/or septic systems. All lots shall be required to meet the criteria
established for wells and septic systems as regulated by the Nebraska Department of Environmental
Quality.
5.15.10 Enforcement of the Development Schedule
The construction and provision of all of the common open spaces and public recreational facilities which
are shown on the final development plan must proceed at the same rate as the construction of dwelling
units. At least once every six months following the approval of the final development plan, the County
Building Inspector shall review all of the permits issued for the Planned Unit Development and examine
the construction which has taken place on the site. If he should find that the rate of construction of
dwelling units is greater than the rate at which common open spaces and public and recreational facilities
have been constructed and provided, he shall forward this information to the Village Board, which may
revoke the Planned Unit Development District Amendment.
The County Building Inspector shall not issue a building permit for any building or structure shown on the
final development plan unless the common open space to be conveyed has been adequately assured to the
Village Clerk in a manner satisfactory to the Planning Commission. This may be a bond, corporate surety
or other acceptable financial guarantee, including escrow agreements.
5.15.11 Control of Planned Unit Development Following Completion
The Planning Director shall issue a certificate certifying the completion of the Planned Unit Development,
and the Village Clerk shall note the issuance of the certificate on the recorded final development plan.
After the certificate of completion has been issued, the use of land and construction, modification or
alteration of any building or structures within the Planned Unit Development will be governed by the
approved final development plan rather than by any other provisions of the Zoning Ordinance.
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DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 Readopted January 2021 69
After the certificate of completion has been issued, no changes may be made in the approved final
development plan except upon application to the appropriate agency under the procedures provided below:
a)Any minor extensions, alterations or modifications of existing buildings or structures may be
authorized by the Planning Director if they are consistent with the purposes and intent of the final
plan. No change authorized by this section may increase the cube or foot print of any building or
structures by more than 10 percent.
b)Any uses not authorized by the approved final plan, but allowable in the Planned Unit
Development as a permitted use under the provisions of this Zoning Ordinance, or permitted as a
conditional use in the district in which the Planned Unit Development is located, may be added to
the final development plan under the procedures provided by this Zoning Ordinance for the
procedures provided by the Zoning Ordinance for the approval of a conditional use.
c)A building or structure that is totally or substantially destroyed may be reconstructed only in
compliance with the final development plan unless an amendment to the final development plan
is approved under item “e” below.
d)Changes in the use of common open space may be authorized by an amendment to the final
development plan under item (e) below.
e)All other changes in the final development plan must be made by the Village Board, under the
procedures authorized by this Ordinance for the amendment of the Official Zoning Map. No
changes may be made in the final development plan unless they are required for the continued
successful functioning of the Planned Unit Development, or unless they are required by change in
conditions that have occurred since the final plan was approved, or by changes in the
development policy of the county.
No changes in the final development plan, which are approved under this section, are to be considered as a
waiver of the covenants limiting the use of land, buildings, structures and improvements within the area of
the Planned Unit Development, and all rights to enforce these covenants against any changes permitted by
this section are expressly reserved.
5.15.12 Subdivision and Resale of Planned Unit Development
A Planned Unit Development may be subdivided or re-subdivided for purpose of sale or lease. The
procedure specified in the subdivision regulations for Doniphan shall be followed.
Subdivided or resubdivided Planned Unit Developments are to be controlled by the final development plan
rather than by the provisions of this Ordinance that otherwise would be applicable, except in the case of
changes in the final development plan in which situation the provisions of this section, governing changes
in the final development plan will apply.
5.15.13 Fees
For the following applications, the indicated fees shall be paid to the Village and County:
1.Preliminary PUD; as set in the Master Fee Schedule
2.Final PUD; as set in the Master Fee Schedule
These fees are separate and do not include any Preliminary and Final Plat Fees and/or any Change of Zone
Fees required by the Village of Doniphan.
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ARTICLE 5:ZONING DISTRICTS
DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 Readopted January 2021 70
Section 5.14 Lot and Area Requirements
Note: Unless otherwise specified, all dimensions are in feet
Additional requirements may apply, please also refer to the zoning district regulations contained herein for further requirements. Reserved
Area Width Front Side Rear
AG - Transitional
Residential Dwelling (private well or septic)20 acres 100 35 15 25 35 40%
Residential Dwelling (public water and sewer)20 acres 100 35 15 25 35 40%
Other Permitted Uses 20 acres 100 35 15 25 35 40%
Broadcast Towers (Also see Section 7.11)10,000 sq.ft.100 35 15 25 35 40%
Other Permitted Conditional Uses 3 acres 100 35 15 25 35 40%
Accessory Buildings --35 15 25 --
TA - Transitional Agriculture
Single Family Dwelling 20,000 sq.ft.100 35 20 35 35 40%
Other Permitted Uses 20 acres 100 35 20 35 35 40%
Permitted Conditional Uses 20 acres 100 35 20 35 35 40%
Accessory Buildings --35 20 35 35 20%
R-1 - Single-Family Residential
Single Family Dwelling 9,000 sq.ft.75 25 20 25 35 30%
Other Permitted Uses 2 acres 75 25 20 25 35 30%
Permitted Conditional Uses 2 acres 75 25 20 25 35 30%
Accessory Buildings --25 20 5 20 30%
R-2 - Multi-Family Residential
Single-family Dwelling 6,000 sq.ft.60 25 7 25 35 40%
Single-family Dwelling Attached 6,000 sq.ft.60 25 7 25 35 40%
Two-family Dwelling 6,000 sq.ft.60 25 7 25 35 40%
Multi-familt Dwelling 6,000 sq.ft.60 25 7 25 35 40%
Other Permitted Uses 6,000 sq.ft.60 25 7 25 35 40%
Other Permitted Conditional Uses 6,000 sq.ft.60 25 7 25 35 40%
Accessory Buildings --25 7 25 20 15%
R-3 - Multi-Family Residential
Single-family Dwelling 6,000 sq.ft.60 25 5 10 75 80%
Single-family Dwelling Attached 3,000 sq.ft.60 25 5 10 75 80%
Two-family Dwelling 3,000 sq.ft.60 25 5 10 75 80%
Multi-familt Dwelling 3,000 sq.ft.60 25 5 10 75 80%
Other Permitted Uses 3,000 sq.ft.60 25 5 10 75 80%
Other Permitted Conditional Uses 3,000 sq.ft.60 25 5 10 75 80%
Accessory Buildings --25 5 10 20 25%
CBD Downtown Commercial District
Permitted Uses ----10 60 100%
Permitted Conditional Uses ----10 60 100%
Accessory Uses ----10 15 10%
C-1 - General Commercial
Permitted Uses 5,000 sq.ft.60 30 30 30 45 60%
Permitted Conditional Uses 5,000 sq.ft.60 30 30 30 45 60%
Accessory Uses --30 30 30 20 30%
C-2 - Highway Commercial
Permitted Use 10,000 sq.ft.100 30 10 20 45 50%
Permitted Conditional Use 10,000 sq.ft.100 30 10 20 45 50%
Accessory Buildings --30 10 20 20 30%
I-1 - Light Industrial
Permitted Uses 20,000 sq.ft.80 50 10 20 50 50%
Permitted Conditional Uses 20,000 sq.ft.80 50 10 20 50 50%
Accessory Uses --50 10 20 20 30%
I-2 - Heavy Industrial
Permitted Uses 25,000 sq.ft.100 50 25 20 -80%
Permitted Conditional Uses 25,000 sq.ft.100 50 25 20 -80%
Accessory Uses --25 10 20 30 30%
District Maximum Lot
Coverage
Minimum Lot Size Minimum Yard Setback Maximum
Building
Height
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ARTICLE 6:CONDITIONAL USE PERMITS
DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 READOPTED JANUARY 2021 71
ARTICLE 6:CONDITIONAL USE PERMITS
Section 6.01 General Provisions
The Village Board may, by conditional use permit after a Public Hearing, authorize and permit conditional uses as
designated in the district use regulations. Approval shall be based on findings that the location and characteristics
of the use will not be detrimental to the health, safety, morals, and general welfare of the area.
Allowable uses may be permitted, enlarged, or altered upon application for a conditional use permit in accordance
with the rules and procedures of this ordinance. The Board may grant or deny a conditional use permit in
accordance with the intent and purpose of this ordinance. In granting a conditional use permit, the Board will
authorize the issuance of a conditional use permit and shall prescribe and impose appropriate conditions,
safeguards, and a specified time limit for the performance of the conditional use permit.
Section 6.02 Application for Conditional Use Permits
A request for a conditional use permit or modification of a conditional use permit may be initiated by a property
owner or his or her authorized agent by filing an application with the Village upon forms prescribed for the
purpose. A drawing or site plan and other such plans shall accompany the application, as well as data showing the
dimensions, arrangements, descriptions data, and other materials constituting a record essential to an understanding
of the proposed use and proposed modifications in relation to the provisions set forth herein. A plan as to the
operation and maintenance of the proposed use shall also be submitted. The application shall be accompanied with
a non-refundable fee.
Section 6.03 Public Hearing
Before issuance of any conditional use permit, the Board will consider the application for the conditional use permit
at a public hearing after prior notice of the time, place, and purpose of the hearing has been given by publication in
a legal paper of general circulation in the Village of Doniphan, one time at least ten (10) days prior to such hearing.
Section 6.04 Decisions
A majority vote of the Board shall be necessary to grant a conditional use permit. No order of the Board granting a
conditional use permit shall be valid for a period of longer than twelve (12) months from the date of such order,
unless the Board specifically grants a longer period of time upon the recommendation of the Board.
Section 6.05 Standards
No conditional use permit shall be granted unless the Village Board has found:
6.05.01 That the establishment, maintenance, or operation of the conditional use will not be detrimental to or
endanger the public health, safety, moral, comfort, or general welfare of the community.
6.05.02 That the conditional use will not be injurious to the use and enjoyment of other property in the
immediate vicinity for the purpose already permitted, nor substantially diminish and impair property
values within the neighborhood.
6.05.03 That the establishment of the conditional use will not impede the normal and orderly development of the
surrounding property for uses permitted in the district.
6.05.04 That adequate utilities, access roads, drainage, and/or necessary facilities have been or are being
provided.
6.05.05 That adequate measures have been or will be taken to provide ingress and egress so designed as to
minimize traffic congestion in the public streets.
6.05.06 The use shall not include noise, which is objectionable due to volume, frequency, or beat unless muffled
or otherwise controlled.
6.05.07 The use shall not involve any pollution of the air by fly-ash, dust, vapors or other substance which is
harmful to health, animals, vegetation or other property or which can cause soiling, discomfort, or
irritation.
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ARTICLE 6:CONDITIONAL USE PERMITS
DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 READOPTED JANUARY 2021 72
6.05.08 The use shall not involve any malodorous gas or matter, which is discernible on any adjoining lot or
property.
6.05.09 The use shall not involve any direct or reflected glare, which is visible from any adjoining property or
from any public street, road, or highway.
6.05.10 The use shall not involve any activity substantially increasing the movement of traffic on public streets
unless procedures are instituted to limit traffic hazards and congestion.
6.05.11 The use shall not involve any activity substantially increasing the burden on any public utilities or
facilities unless provisions are made for any necessary adjustments.
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ARTICLE 7:SUPPLEMENTAL REGULATIONS
DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 READOPTED JANUARY 2021 73
ARTICLE 7:SUPPLEMENTAL REGULATIONS
Section 7.01 Off-Street Automobile Storage
7.01.01 Off-street automobile storage or standing space shall be provided on any lot on which any of the
following uses are hereafter established; such space shall be provided with vehicular access to a street or
an alley. For purposes of computing the number of parking spaces available in a given area, the ratio of
two hundred (200) square feet per parking space shall be used.
7.01.02 Where calculations in accordance with the foregoing list results in requiring a fractional space, any
fraction less than one-half shall be disregarded and any fraction of one-half or more shall require one
space.
7.01.03 Some uses may require two different use types to be calculated together in order to determine the total
parking requirement (Example: Primary schools may require tabulation for classrooms and assembly
areas).
7.01.04 All parking spaces for single-family dwellings, two or more unit multi-family dwellings, convalescent
homes, apartments, townhouses, and mobile homes shall be paved with crushed rock, asphalt or
concrete.
7.01.05 In Districts R-9, R-6, R-3, and RM, required off-street parking shall be provided on the lot on where the
use to which the parking pertains, or immediately adjacent thereto. In other Districts, such parking may
be provided either on the same lot or an adjacent or other lot, provided, however, the lot on which the
use requiring them is located and the lot providing the parking are not separated by more than four–
hundred feet (400’) at closest points, measured along a street or streets. Such vehicle standing space
shall be deemed to be required open space associated with the permitted use and shall not thereafter be
reduced or encroached upon in any manner. Where off-street parking is located on a lot other than the
lot occupied by the use, which requires it, site plan approval for both lots is required.
Section 7.02 Off-street Parking: Shared Parking Requirements
Notwithstanding the provisions of Section 7.03, in cases where parking and building patterns are such that
overlapping uses of a majority of the total number of parking spaces in the center is likely to occur, compliance
with the standard retail parking ratios may be decreased by the Planning Commission and Village Board. Said
request for a decrease in parking spaces shall made as an Application for a Conditional Use Permit.
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ARTICLE 7:SUPPLEMENTAL REGULATIONS
DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 READOPTED JANUARY 2021 74
Section 7.03 Schedule of Minimum Off-Street Parking and Loading Requirements
Uses Parking Requirements Loading Requirements
Bowling Alleys Four (4) spaces per alley plus one (1) per 2 employees One (1) space per establishment
Churches, Synagogues, and Temples One (1) space per 4 seats or 8 feet of pew length in main
worship area
None required
Clubs, including fraternal organizations One (1) space per 500 s.f. of net floor area None required
College/University Eight (8) spaces per classroom plus 1 space per
employee
Two (2) spaces per structure
Commercial Uses
Agricultural Sales / Service One (1) space per 500 s.f. of net floor area One (1) per establishment
Automotive Rental / Sales One (1) space per 500 s.f. of net floor area One (1) per establishment
Automotive Servicing Three (3) spaces per repair stall None required
Bars, Taverns, Nightclubs Parking equal to 30% of licensed capacity Two (2) spaces per establishment
Body Repair Four (4) spaces per repair stall None required
Dance Hall One (1) space per 100 s.f. of net floor area plus 1 space
per employee
One (10 per establishment
Equipment Rental / Sales One (1) space per 500 s.f. of net floor area One (1) Space
Campground One (1) space per camping unit None required
Commercial Recreation One (1) space per 4 persons of licensed capacity One (1) per establishment
Communication Services One (1) space per 500 s.f. of net floor area One (1) per establishment
Construction Sales / Service One (1) space per 500 s.f. of net floor area One (1) per establishment
Food Sales (limited) One (1) space per 300 s.f. of net floor area One (1) per establishment
Food Sales (general) One (1) space per 200 s.f. of net floor area Two (2) per establishment
General Retail Sales establishments One (1) space per 200 s.f. of net floor area One (1) per establishment
Laundry Services One (1) space per 200 s.f. of net floor area None required
Restaurants w/ drive-thru Greater of the two:
One (1) space per 40 s.f. of dining area, or
One (1) space per 150 s.f. of net floor area
One (1) per establishment
Restaurants (General) Parking equal to 30% of licensed capacity Two (2) spaces per establishment
Convalescent and Nursing home
Services
One (1) space per 3 beds plus 1 per employee on the
largest shift
Two (2) space per structure
Day Care One (1) space per employee plus 1 space or loading stall
per each 10 persons of licensed capacity
None required
Educational Uses, Primary facilities Two (2) spaces per classroom Two (2) spaces per structure
Educational Uses, Secondary facilities Eight (8) spaces per classroom plus 1 space per
employee on largest shift
Two (2) spaces per structure
Funeral Homes and Chapels Eight (8) spaces per reposing room Two (2) spaces per establishment
Group Care Facility One (1) space per 4 persons of licensed capacity Two (2) space per structure
Group Home One (1) space per 4 persons of licensed capacity Two (2) space per structure
Guidance Services One (1) space per 300 s.f. of net floor area None required
Hospitals One (1) space per 2 licensed beds Three (3) spaces per structure
Hotels and Motels One (1) space per rental unit plus 1 per 2 employees on
largest shift
One (1) space per establishment
Housing (Congregate)
Assisted-living facilities One (1) space per dwelling unit plus 1 space per
employee on the largest shift
One (1) per structure
Duplex Two (2) spaces per dwelling unit None required
Multi-family / Apartments /
Dormitory / Student Lodging
One (1) space per sleeping unit – spaces to be sited in
the general proximity of where the sleeping units are
located
None required
Industrial Uses Three (3) spaces for every 4 employees during the
largest shift (.75 times number of employees.)
Two (2) spaces per establishment
Libraries One (1) space per 400 s.f. of net floor area plus 1 space
per employee
One (1) per structure
Boarding Houses / Bed and Breakfasts One (1) space per rental units None required
Medical Clinics Five (5) spaces per staff doctor, dentist, chiropractor None required
Mobile Home Park Two (2) per dwelling unit None required
Offices and Office Buildings One (1) space per 200 s.f. of net floor area None required
Residential (Single-family, attached and
detached)
Two (2) spaces per dwelling unit with 1 required to be
enclosed
None required
Roadside stands Four (4) spaces per establishment None required
Service Oriented Establishments One (1) space per 200 s.f. of net floor area One (1) per establishment
Theaters, Auditoriums, and Places of
Assembly
One (1) space per 5 persons of licensed capacity One (1) space per establishment
Veterinary Establishments Three (3) spaces per staff doctor None required
Wholesaling / Distribution Operations One (1) space per 2 employees on the largest shift Two (2) spaces per establishment
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DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 READOPTED JANUARY 2021 75
Section 7.04 Off-Street Parking: Parking for Individuals with Disabilities
7.04.01 In conformance with the Americans with Disabilities Act (ADA) and the Nebraska Accessibility
Guidelines, if parking spaces are provided for self-parking by employees or visitors, or both, then
accessible spaces shall be provided in each parking area in conformance with the table in this section.
Spaces required by the table need not be provided in the particular lot. They may be provided in a
different, if equivalent or greater accessibility, in terms of distance from an accessible entrance, cost and
convenience, is ensured.
Total Parking Spaces Required Minimum Number
of Accessible Spaces
1 to 25 1
26 to 50 2
51 to 75 3
76 to 100 4
101 to 150 5
151 to 200 6
201 to 300 7
301 to 400 8
401 to 500 9
501 to 1,000 2 percent of the total
1,001 and over 20, plus 1 for each 100 over 1,000
7.04.02 Except as provided to Section 7.04.01.01 of this Ordinance, access aisles adjacent to accessible spaces
shall be five feet (5’) wide minimum.
1.One in every eight accessible spaces, but not less than one, shall be served by an access aisle eight
feet (8’) wide minimum and shall be designated “van accessible” as required by Section 7.04.04 of
this Ordinance. The vertical clearance at such spaces shall comply with 7.04.05 of this Ordinance.
All such spaces may be grouped on one level of a parking structure.
2.Parking access aisles shall be part of an accessible route to the building or facility entrance. Two
(2) accessible parking spaces may share a common access aisle.
3.Parked vehicle overhangs shall not reduce the clear width of an accessible route. Parking spaces and
access aisles shall be level with slopes not exceeding two percent (2%) in all directions.
4.If passenger-loading zones are provided, then at least one passenger loading zone shall comply with
7.04.06 of this Ordinance.
5.At facilities providing medical care and other services for persons with mobility impairments,
parking spaces complying with 7.04 of this Ordinance shall be provided in accordance with 7.04.01
of this Ordinance; except as follows:
a).Outpatient units and facilities: ten percent (10%) of total number of parking spaces provided
serving each such outpatient unit or facility;
b).Units and facilities that specialize in treatment or services for persons with mobility
impairments: twenty percent (20%) of the total number of parking spaces provided serving
each such unit or facility.
7.04.03 Location of accessible parking spaces serving a particular building shall be located on the shortest
accessible route of travel from adjacent parking to an accessible entrance.
1.In parking facilities that do not serve a particular building, accessible parking shall be located on the
shortest accessible route of travel to an accessible pedestrian entrance of the parking facility.
2.In buildings with multiple accessible entrances with adjacent parking, accessible parking spaces
shall be dispersed and located closet to the accessible entrances.
7.04.04 Signage of accessible parking spaces shall be designated as reserved by a sign showing the symbol of
accessibility. Spaces complying 7.04.02(1) shall have an additional sign “Van Accessible” mounted
below the symbol of accessibility. Such signs shall be located so a vehicle parked in the space cannot
obscure them.
7.04.05 Minimum vertical clearance of nine and one-half feet (9-1/2’) at accessible passenger loading zones and
along at least one vehicle access route to such areas from site entrance(s) and exit(s). At parking spaces
complying with 7.04.02(1), provide minimum vertical clearance of eight-feet two-inches (8’-2”) at the
parking space and along at least one vehicle access route to such spaces from site entrance(s) and exit(s).
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ARTICLE 7:SUPPLEMENTAL REGULATIONS
DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 READOPTED JANUARY 2021 76
7.04.06 Passenger Loading Zones shall provide an access aisle at least five feet (5’) wide and twenty feet (20’)
long adjacent and parallel to the vehicle pull-up space. If there are curbs between the access aisle and
the vehicle pull-up space, then a curb ramp complying with accessibility standards shall be provided.
Vehicle standing spaces and access aisles shall be level with surface slopes not exceeding two percent
(2%) in all directions.
Section 7.05 Off-Street Parking Design Criteria
7.05.01 Standard parking stall dimensions shall not be less than nine feet (9’) wide and eighteen feet (18’) long,
plus the necessary space for maneuvering into and out of the space. For standard parking lots, minimum
dimensions shall be as follows:
Parking Configuration
90-degree 60-degree 45-degree
Aisle Width (A)
One-way traffic ----- 18 feet 14 feet
Two-way traffic 24 feet 20 feet 20 feet
End Parking Bay Width (B)
Without overhang 18 feet 20 feet 19 feet
With overhang 16 feet 18 feet 17 feet
Center Parking Bay Width (C) 18 feet 18 feet 16 feet
7.05.02 All areas used for standing and maneuvering of vehicles shall be paved with a durable and dust-less
surface maintained for all-weather use, and designed such that drainage across sidewalks is minimized.
7.05.03 Parking stalls located along the outer boundary of a parking lot shall be contained by a minimum four
inch (4”) curb, as well as set back four feet (4’) from the property line or separated with a bumper rail.
7.05.04 Where the end of the parking space abuts a curbed area at least five feet (5’) in width (with landscaping
or sidewalk), an overhang may be permitted which would reduce the length of the parking space by two
feet (2’).
7.05.05 Minimum dimensions for a parallel parking space shall be nine feet (9’) by twenty-three feet (23’).
7.05.06 Artificial lighting used in a parking lot shall be so designed as to deflect light away from adjacent
residential dwellings.
7.05.07 All parking spaces, except for those used in conjunction with a residential dwelling, shall be located
such and served with a driveway such that their use will require no backing movements or maneuvering
within a street right-of-way other than an alley.
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ARTICLE 7:SUPPLEMENTAL REGULATIONS
DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 READOPTED JANUARY 2021 77
7.05.08 Service drives shall not be more than thirty feet (30’) in width, and shall conform to the minimum sight
triangle requirements for unobstructed vision. Service drives shall also be clearly and permanently
marked and defined through the use of rails, fences, walls, or other barriers or markers.
7.05.09 Minimum parking dimensions for other configurations or for parking lots with compact car spaces shall
be determined by the Village Board upon recommendation of the Village Engineer.
7.05.10 All of the requirements of this Section shall be complied with, and all off-street parking requirements
shall be made available for use prior to the issuance of a Certificate of Occupancy. A time extension
may be granted by the Zoning Administrator, provided a performance bond, or its equivalent, is posted
which equals the cost to complete the parking improvements as estimated by the Zoning Administrator,
and provided the parking requirements are not required for immediate use. In the event the
improvements are not completed within one (1) year of any such extension, the bond or its equivalent
shall be forfeited and the improvements shall be completed under the direction of the Village Board.
Section 7.06 Signs: Standard of Measurement
7.06.01 The total area of all signs permitted on a lot shall include:
1.The total area of the faces of all permanent exterior signs visible from a public way, plus
2.The area of permanent signs placed upon the surface of windows and doors, plus
3.The area within the outline enclosing the lettering, modeling or insignia of signs integral with a wall
and not designed as a panel.
7.06.02 Wall signs shall not exceed one and one-half (1-1/2) square feet per lineal foot of lot frontage, up to one-
three hundred (1300) square feet in total size. A building or use having frontage on a second street may
include twenty percent (20%) of the length of the lot facing the second street.
Section 7.07 Signs: Area Computation
7.07.01 Computation of Area of Individual Signs: The area of a sign face (which is also the sign area of a wall
sign or other sign with only one face) shall be computed by means of the smallest square, circle,
rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing,
representation, emblem, or other display, together with any material or color forming an integral part of
the background of the display or used to differentiate the sign from the backdrop or structure against
which it is placed, but not including any supporting framework, bracing, or decorative fence or wall
when such fence or wall otherwise meets zoning ordinance regulations and is clearly identical to the
display itself.
7.07.02 Computation of Area of Multi-faced Signs: The sign area for a sign with more than one face shall be
computed by adding together the area of all sign faces visible from any one point. When two identical
sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time,
and when such sign faces are part of the same sign structure and are not more than forty-two inches
(42”) apart, the sign area shall be computed by the measurement of one of the faces.
7.07.03 Computation of Height: The height of a sign shall be computed as the distance from the base of the
sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be
construed to be the lower of (1) existing grade prior to construction, exclusive of any filling, berming,
mounding, or excavating solely for the purpose of locating the sign, or (2) normal grade. In cases in
which the normal grade cannot reasonably be determined, sign height shall be computed on the
assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the
nearest point of the crown of a public street or the grade of the land at the principal entrance to the
principal structure on the zone lot, whichever is lower.
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Section 7.08 Sign Schedule
7.08.01 Signs shall be permitted in the various districts according to the following schedule:
Zoning District AG TA R-9 R-6 R-3 RM BGC GC HC I-1 I-2
Sign Type
Real Estate + + + + + + + + + + +
Announcement + + + + + + + + + + +
Wall + + - - + +- + + + + +
Name Plate + + + + + + + + + + +
Billboard C C- - - - - - +- - +
Ground C C - - - + + + + +
On-Site Advertising + + - - - +- + + + +
Comm. Sponsored +- +- - - - - - - - -
Animated or Flashing - - - - - C C + - +-
Pole C- C- - - - +- + + + +
+: permitted -: not permitted C: Conditional Use
7.08.02 Signs shall be permitted in the various districts at the listed square footage and heights according to the
following schedule:
Zoning District AG TA R-9 R-6 R-3 RM BGC GC HC I-1 I-2
Sign Type
Real Estate
Max. Square Ft.
Max. Height
32
6’
32
6’
6
-
6
-
6 6
-
24
2’
32
4’
32
4’
32
4’
32
4’
Announcement
Max. Square Ft.
Max. Height
32
4’
32
4’
6
4’
6
4’
6
4’
6
4’
24
2’
32
4’
32
4’
32
4’
32
4’
Wall
Max. Square Ft.
Max. Height
300 300 -
-
-
-
-
-
300 300 300 300 300
Name Plate
Max. Square Ft.
Max. Height
2
-
2
-
2
-
2
-
2 2
-
2
-
2
-
2
-
2
-
2
-
Billboard
Max. Square Ft.
Max. Height
288
45’
- - - - - - 288
45’
- 288
45’
Ground
Max. Square Ft.
Max. Height
200
10’
200
10’
-
-
-
-
-
-
200
10’
200
10’
200
10’
200
10’
200
10’
On-Site Advertising
Max. Square Ft.
Max. Height
200
45’
200
45’
-
-
-
-
-
-
100-
-15’
200
45’
200
45’
200
45’
200
45’
Off-Site Advertising - - - - - - - - - -
Pole
Max. Square Ft.
Max. Height
150-
45’-
150
45’
-
-
-
-
-
-
100
15’-
150
45’
200
45’
200
45’
200
45’
-: Not Permitted
Section 7.09 Signs: Special Conditions
7.09.01 Real Estate. Not more than two (2) signs per lot may be used as a temporary sign. Signs in the AG and
TA Districts shall be set back twenty feet (20’) from the road right-of-way or road easement.
7.09.02 Freestanding Signs: Freestanding signs, including but not limited to billboard, ground, and pole signs
shall constitute a structure for the purposes of this Ordinance, and shall require a zoning permit prior to
their installation.
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7.09.03 Community Events and Functions: Signs used to display information for a community event or
function shall be permitted in all zoning districts, provided they are temporary only, and are not placed
in the right-of-way.
7.09.04 Billboards. Billboards, signboards, and other similar advertising signs subject to the same height and location requirements as other structures in the district and also subject to the following conditions and restrictions.
1.No billboard, signboard, or similar advertising signs shall be located at intersections so as to obstruct vision, hearing, or interfere with pedestrian or vehicular safety. 2.No billboard, signboard, or similar advertising signs shall be located within fifty feet (50) of any lot
in a residential district.
3.No billboard, signboard, or similar advertising signs shall be so constructed or located where it will unreasonably interfere with the use and enjoyment of adjoining property.
7.09.05 Signs hung from canopies and awnings shall be no closer than seven and one-half feet (7-1/2’) from the
bottom edge of the sign to grade below.
Section 7.10 Home Occupation Standards
Home Occupations shall be permitted uses in the AG, TA, R-9, R-6, R-3, and RM Districts, subject to the
following standards:
7.10.01 Intent. A home occupation shall be permitted when said occupation conducted on residentially used
premises is considered customary and traditional, incidental to the primary use of the premises as a
residence, and not construed as a business.
7.10.02 Purpose. Home occupations shall be of a personal service nature limited to domestic crafts and
professional services, including, but not limited to:
1.Such domestic crafts as dressmaking, millinery, sewing, weaving, tailoring, ironing, washing,
custom home furnishings work, carpentry work, and furniture repair.
2.Such professions as law, medicine, architecture, engineering, planning, real estate, insurance, notary
public, manufacturer’s agent, clergy, writing, painting, photography, and tutoring, provided,
however, the service is limited to advice and consultation and the premises are not used for the
general practice of the profession.
3.Child Nurseries or Child Care Homes in accordance with Neb. Rev. Stat. §71-1902 (R.R.S.1997).
4.Barber and Beauty Shops, limited to one (1) chair.
5.Distribution and sales of products such as cosmetics, home/health care products, mail order, and
other similar uses.
6.Services provided outside the home such as lawn care, snow removal, and other similar uses.
7.10.03 Home occupations shall be subject to all the regulations of the applicable zoning district. Home
occupations shall not affect adversely the residential character of the zoning district or interfere with the
reasonable enjoyment of adjoining properties. Prohibited uses are those uses that are deemed to be in
violation of these standards or this Ordinance.
7.10.04 Performance Standards.
1.The primary use of the structure or dwelling unit shall remain residential and the operator of the
home occupation shall remain a resident in the dwelling unit.
2.The operator conducting the home occupation shall be the sole entrepreneur, and he may employ up
to two (2) other persons other than members of the immediate family residing on the premises. Off
street parking must be provided for non-resident employees
3.No structural additions, enlargements, or exterior alterations changing the residential appearance to
a business appearance shall be permitted.
4.No more than twenty-five percent (25%) of the floor area of any one story of the dwelling unit shall
be devoted to such home occupation, or if an accessory building is used, the total lot coverage of
such accessory structure shall not exceed fifteen percent (15%).
5.Such home occupations shall be conducted entirely within the primary building or dwelling unit
used as a residence, or an accessory structure.
6.No additional and separate entrance incongruent with the residential structural design shall be
constructed for the purpose of conducting the home occupation.
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7.No provision for extra off-street parking or loading facilities, other than the requirements and
permitted facilities, and no additional driveway to serve such home occupations shall be permitted.
8.No display of goods or external evidence of the home occupation shall be permitted, except for one
non-animated, non-illuminated, non-flashing announcement plate, indicating not more than the
name and address of the resident. Said plate shall be attached flat against the wall of the residence
and shall not exceed two (2) square feet in total surface area.
9.No electrical or mechanical equipment shall interfere with local radio communications and
television reception, or cause fluctuation in line voltage off the premises.
10.The operation of a home occupation shall not be objectionable due to odor, dust, smoke, noise,
vibration or other similar causes.
7.10.05 Revocation:
A home occupation permit granted in accordance with the provisions of this section may be terminated
if the Zoning Administrator makes any of the following findings:
1.That any condition of the home occupation permit has been violated;
2.That the use has become detrimental to the public health or safety or is deemed to constitute a
nuisance;
3.That the permit was obtained by misrepresentation or fraud;
4.That the use for which the permit was granted has ceased or has been suspended for six (6)
consecutive months or more; and
5.That the condition of the premises, or the district of which it is a part, has changed so that the use
may no longer be justified under the purpose and intent of this section.
6.Appeal. Within five (5) working days of a revocation, an appeal may be made to the Village Board,
through the Zoning Administrator. The Zoning Administrator within ten (10) working days of the
receipt of an appeal of his or her revocation action, shall report his or her findings of fact and
decision to the Village Board. The Village Board shall determine the facts and may revoke, modify
or allow to remain unchanged the home occupation permit in accordance with the Board’s final
determination.
Section 7.11 WIRELESS COMMUNICATION FACILITES
7.11.01. Purpose and Legislative Intent.
The Telecommunications Act of 1996 affirmed the Village of Doniphan’s authority concerning the placement,
construction and modification of Wireless Telecommunications Facilities. The Village of Doniphan finds that
Wireless Telecommunications Facilities may pose significant concerns to the health, safety, public welfare,
character and environment of the Village and its inhabitants. The Village also recognizes that facilitating the
development of wireless service technology can be an economic development asset to the Village and of significant
benefit to the Village and its residents. In order to insure that the placement, construction or modification of
Wireless Telecommunications Facilities is consistent with the Village’s land use policies, the Village is adopting a
single, comprehensive, Wireless Telecommunications Facilities application and permit process. The intent of this
Local Ordinance is to minimize impact of Wireless Telecommunications Facilities, establish a fair and efficient
process for review and approval of applications, assure an integrated, comprehensive review of environmental
impacts of such facilities, and protect the health, safety and welfare of the Village of Doniphan.
7.11.02. Title.
This Ordinance shall be known and cited as the Wireless Telecommunications Facilities Siting Ordinance for the
Village of Doniphan.
7.11.03. Severability.
A)If any word, phrase, sentence, part, section, subsection, or other portion of this Ordinance or any
application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any
reason, then such word, phrase, sentence, part, section, subsection, or other portion, or the proscribed
Application thereof, shall be severable, and the remaining provisions of this Ordinance, and all
applications thereof, not having been declared void, unconstitutional, or invalid, shall remain in full force
and effect.
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B)Any Conditional Use Permit issued under this Ordinance shall be comprehensive and not severable. If part
of a permit is deemed or ruled to be invalid or unenforceable in any material respect, by a competent
authority, or is overturned by a competent authority, the Permit shall be void in total, upon determination
by the Village.
7.11.04. Definitions.
For purposes of this Ordinance, and where not inconsistent with the context of a particular section, the defined
terms, phrases, words, abbreviations, and their derivations shall have the meaning given in this section. When not
inconsistent with the context, words in the present tense include the future tense, words used in the plural number
include words in the singular number and words in the singular number include the plural number. The word
“shall” is always mandatory, and not merely directory.
A)“Accessory Facility or Structure” means an accessory facility or structure serving or being used in
conjunction with Wireless Telecommunications Facilities, and located on the same property or lot as the
Wireless Telecommunications Facilities, including but not limited to, utility or transmission equipment
storage sheds or cabinets.
B)“Applicant” means any Wireless service provider submitting an Application for a Conditional Use Permit
for Wireless Telecommunications Facilities.
C)“Application” means all necessary and appropriate documentation that an Applicant submits in order to
receive a Conditional Use Permit for Wireless Telecommunications Facilities.
D)“Antenna” means a system of electrical conductors that transmit or receive electromagnetic waves or
radio frequency or other wireless signals.
E)“Co-location” means the use of an existing Tower or structure to support Antennae for the provision of
wireless services.A replacement tower that is constructed on the same site as an existing tower will be
considered a co-location as long as the new tower is no taller than the old tower and that the old tower is
removed within 90 days (weather permitting) after the new tower is constructed.
F)“Commercial Impracticability” or “Commercially Impracticable” means the inability to perform an
act on terms that are reasonable in commerce; the cause or occurrence of which could not have been
reasonably anticipated or foreseen and that jeopardizes the financial efficacy of the project. The inability
to achieve a satisfactory financial return on investment or profit, standing alone, shall not deem a situation
to be “commercial impracticable” and shall not render an act or the terms of an agreement “commercially
impracticable”.
G)“Completed Application” means an Application that contains all information and/or data necessary to
enable an informed decision to be made with respect to an Application.
H)“Council” means the Village Council of the Village of (Alda, Cairo or Doniphan).
I)“FAA” means the Federal Aviation Administration, or its duly designated and authorized successor
agency.
J)“FCC” means the Federal Communications Commission, or its duly designated and authorized successor
agency.
K)“Height” means, when referring to a Tower or structure, the distance measured from the pre-existing
grade level to the highest point on the Tower or structure, even if said highest point is an Antenna,
lightening protection device or strobe.
L)“Modification” or “Modify” means, the addition, removal or change of any of the physical and visually
discernable components or aspects of a wireless facility, such as antennas, cabling, equipment shelters,
landscaping, fencing, utility feeds, changing the color or materials of any visually discernable components,
vehicular access, parking and/or an upgrade or changeout of equipment for better or more modern
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equipment. Adding a new wireless carrier or service provider to a Telecommunications Tower or
Telecommunications Site as a co-location is a modification. A Modification shall not include the
replacement of any components of a wireless facility where the replacement is similar to the component
being replaced or for any matters that involve the normal repair and maintenance of a wireless facility
without adding, removing or changing anything.
M)“NIER” means Non-Ionizing Electromagnetic Radiation
N)“Person” means any individual, corporation, estate, trust, partnership, joint stock company, association of
two (2) or more persons having a joint common interest, or any other entity.
O) “Personal Wireless Facility” See definition for ‘Wireless Telecommunications Facilities’
P) “Personal Wireless Services “or “PWS” means commercial mobile services, unlicensed wireless
services, and common carrier wireless exchange and is also referred to as “Personal
Telecommunications Service” or “PCS”
Q) "Repairs and Maintenance” means the replacement of any components of a wireless facility where the
replacement is identical to the component being replaced or for any matters that involve the normal repair
and maintenance of a wireless facility without the addition, removal or change of any of the physical or
visually discernable components or aspects of a wireless facility that will add to the visible appearance of
the facility as originally permitted.
R) “Conditional Use Permit” means the official document or permit by which an Applicant is allowed to file
for a building permit to construct and use Wireless Telecommunications Facilities as granted or issued by
the Village.
S)“Stealth” or “Stealth Technology” means to minimize adverse aesthetic and visual impacts on the land,
property, buildings, and other facilities adjacent to, surrounding, and in generally the same area as the
requested location of such Wireless Telecommunications Facilities, which shall mean using the least
visually and physically intrusive facility that is not technologically or commercially impracticable under
the facts and circumstances,
T)“State” means the State of Nebraska.
U)“Telecommunications” means the transmission, between or among points specified by the user, of
information of the user’s choosing, without change in the form or content of the information as sent and
received.
V)“Telecommunication Site” See definition for Wireless Telecommunications Facilities
W)“Telecommunications Structure” means a structure used in the provision of services described in the
definition of ‘Wireless Telecommunications Facilities’
X)“Temporary” means, temporary in relation to all aspects and components of Article XI of this ordinance,
something intended to, or that does not exist for more than ninety (90) days.
Y)“Tower” means any structure designed primarily to support an antenna for receiving and/or transmitting a
wireless signal.
Z)“Wireless Telecommunications Facilities” means and includes a “Telecommunications Site” and
“Personal Wireless Facility”. It means a structure, facility or location designed, or intended to be used
as, or used to support Antennas or other transmitting or receiving devices. This includes without limit,
Towers of all types and kinds and structures, including, but not limited to buildings, church steeples, silos,
water towers, signs or other structures that can be used as a support structure for Antennas or the
functional equivalent of such. It further includes all related facilities and equipment such as cabling,
equipment shelters and other structures associated with the site. It is a structure and facility intended for
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transmitting and/or receiving radio, television, cellular, specialized mobile radio (SMR), paging, 911,
Personal Communications Services (PCS), commercial satellite services, microwave services and any
commercial wireless telecommunication service not licensed by the FCC.
7.11.05. Overall Policy and Desired Goals for Conditional Use Permits and Administrative Review for Wireless
Telecommunications Facilities.
In order to ensure that the placement, construction, and modification of Wireless Telecommunications Facilities
protects the Village’s health, safety, public welfare, environmental features, the nature and character of the
community and neighborhood and other aspects of the quality of life specifically listed elsewhere in this Ordinance,
the Village hereby adopts an overall policy with respect to Conditional Use Permits and Administrative Review for
Wireless Telecommunications Facilities for the express purpose of achieving the following goals:
A)Requiring a Conditional Use Permit for any new Wireless Telecommunications Facility
B)Requiring Administrative Review for co-location or modification of a Wireless Telecommunications
Facility that does not require a change in the height of the tower.
C)Implementing an Application process for person(s) seeking a Conditional Use Permit for or
Administrative Review of Wireless Telecommunications Facilities;
D)Establishing a policy for examining an application for and issuing a Conditional Use Permit, and
Administrative Reviews for Wireless Telecommunications Facilities that is both fair and consistent.
E)Promoting and encouraging, wherever possible, the sharing and/or co-location of Wireless
Telecommunications Facilities among service providers
E) Promoting and encouraging, wherever possible, the placement, height and quantity of Wireless
Telecommunications Facilities in such a manner, including but not limited to the use of stealth technology,
to minimize adverse aesthetic and visual impacts on the land, property, buildings, and other facilities
adjacent to, surrounding, and in generally the same area as the requested location of such Wireless
Telecommunications Facilities, which shall mean using the least visually and physically intrusive facility
that is not technologically or commercially impracticable under the facts and circumstances.
F) That in granting a Conditional Use Permit or permitting after Administrative Review, the Village has found
that the facility shall be the most appropriate site as regards being the least visually intrusive among those
available in the Village.
7.11.06. Exceptions from a Conditional Use Permit for Wireless Telecommunications Facilities.
A) Except as otherwise provided by this Ordinance no Person shall be permitted to site, place, build,
construct, modify or prepare any site for the placement or use of, Wireless Telecommunications Facilities
as of the effective date of this Ordinance without having first obtained a Conditional Use Permit for
Wireless Telecommunications Facilities. Notwithstanding anything to the contrary in this section, no
Conditional Use Permit shall be required for those non-commercial exceptions noted in §7.11.07.
B) All legally permitted Wireless Telecommunications Facilities, constructed as permitted, existing on or
before the effective date of this Ordinance shall be allowed to continue as they presently exist, provided
however, that any visible modification of an existing Wireless Telecommunications Facility will require
the complete facility and any new installation to comply with this Ordinance. Relief from these
regulations, for existing legally permitted Wireless Telecommunications Facilities, may be sought by the
applicant as shown in section 7.11.28 of this ordinance.
C) Any Repair and Maintenance of a Wireless Facility does not require an Application for a Conditional Use
Permit.
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7.11.07. Exclusions. The following shall be exempt from this Ordinance:
A)The Village’s fire, police, department of transportation or other public service facilities owned
and operated by the local government.
B)Any facilities expressly exempt from the Village’s siting, building and permitting authority.
C)Over-the-Air reception Devices including the reception antennas for direct broadcast satellites
(DBS), multichannel multipoint distribution (wireless cable) providers (MMDS), television broadcast
stations (TVBS) and other customer-end antennas that receive and transmit fixed wireless signals that are
primarily used for reception.
D)Facilities exclusively for private, non-commercial radio and television reception and private
citizen’s bands, licensed amateur radio and other similar non-commercial Telecommunications.
E)Facilities exclusively for providing unlicensed spread spectrum technologies (such as IEEE
802.11a, b, g (Wi-Fi) and Bluetooth) where the facility does not require a new tower.
7.11.08. Conditional Use Permit Application and Other Requirements.
A)All Applicants for a Conditional Use Permit for Wireless Telecommunications Facilities or any
modification of such facility shall comply with the requirements set forth in this Ordinance. The Village
Council is the officially designated agency or body of the Village to whom applications for a Conditional
Use Permit for Wireless Telecommunications Facilities must be made, and that is authorized to review,
analyze, evaluate and make decisions with respect to granting or not granting or revoking Conditional Use
Permits for Wireless Telecommunications Facilities. The Village may at its discretion delegate or
designate other official agencies or officials of the Village to accept, review, analyze, evaluate and make
recommendations to the Village Council with respect to the granting or not granting or revoking
Conditional Use Permits for Wireless Telecommunications Facilities.
B)The Village may reject applications not meeting the requirements stated herein or which are otherwise
incomplete
C)No Wireless Telecommunications Facilities shall be installed, constructed or modified until the
Application is reviewed and approved by the Village, and the Conditional Use Permit has been issued.
D)Any and all representations made by the Applicant to the Village on the record during the Application
process, whether written or verbal, shall be deemed a part of the Application and may be relied upon in
good faith by the Village.
E) An Application for a Conditional Use Permit for Wireless Telecommunications Facilities shall be signed on
behalf of the Applicant by the person preparing the same and with knowledge of the contents and
representations made therein and attesting to the truth and completeness of the information.
.
F)The Applicant must provide documentation to verify it has the right to proceed as proposed on the Site.
This would require an executed copy of the lease with the landowner or landlord or a signed letter
acknowledging authorization. If the applicant owns the site, a copy of the ownership record is required.
G)The Applicant shall include a statement in writing:
1)That the applicant’s proposed Wireless Telecommunications Facilities shall be maintained in a safe
manner, and in compliance with all conditions of the Conditional Use Permit, without exception, unless
specifically granted relief by the Village in writing, as well as all applicable and permissible local codes,
ordinances, and regulations, including any and all applicable Village, State and Federal Laws, rules, and
regulations;
2)That the construction of the Wireless Telecommunications Facilities is legally permissible,
including, but not limited to the fact that the Applicant is authorized to do business in the State.
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H)Where a certification is called for in this Ordinance, such certification shall bear the signature and seal of a
Registered Professional surveyor, engineer, architect and or other individual as necessary licensed in the
State of Nebraska.
I)In addition to all other required information as stated in this ordinance, all applications for the construction
or installation of new Wireless Telecommunications Facilities or modification of an existing facility shall
contain the information hereinafter set forth.
1)A descriptive statement of the objective(s) for the new facility or modification including and
expanding on a need such as coverage and/or capacity requirements;
2)Documentation that demonstrates and proves the need for the Wireless Telecommunications
Facility to provide service primarily and essentially within the Village. Such documentation shall
include propagation studies of the proposed site and all adjoining planned, proposed, in-service or
existing sites that demonstrate a significant gap in coverage and/or if a capacity need, including an
analysis of current and projected usage;
3)The name, address and phone number of the person preparing the report;
4)The name, address, and phone number of the property owner and Applicant, and to include the legal
name of the Applicant. If the site is a tower and the owner is different that the applicant, provide
name and address of the tower owner;
5)The 911 address and tax parcel number of the property;
6)The Zoning District in which the property is situated;
7)Size of the property stated both in square feet and lot line dimensions, and a survey showing the
location of all lot lines;
8)The location of nearest residential structure;
9)The location, size and height of all existing and proposed structures on the property which is the
subject of the Application;
10)The type, locations and dimensions of all proposed and existing landscaping, and fencing;
11)The azimuth, size and center-line height location of all proposed and existing antennae on the
supporting structure;
12)The number, type and model of the Antenna(s) proposed with a copy of the specification sheet;
13)The make, model, type and manufacturer of the Tower and design plan stating the Tower’s capacity
to accommodate multiple users
14)A site plan describing the proposed Tower and Antenna(s) and all related fixtures, structures,
appurtenances and apparatus, including height above pre-existing grade, materials, color and
lighting;
15)The frequency, modulation and class of service of radio or other transmitting equipment;
16)The actual intended transmission power stated as the maximum effective radiated power (ERP) in
watts;
17)Signed documentation such as the “Checklist to Determine Whether a Facility is Categorically
Excluded” to verify that the Wireless Telecommunication Facility with the proposed installation
will be in full compliance with the current FCC RF Emissions guidelines (NIER). If not
categorically excluded, a complete RF Emissions study is required to provide verification;
18)A signed statement that the proposed installation will not cause physical or RF interference with
other telecommunications devices;
19)A copy of the FCC license applicable for the intended use of the Wireless Telecommunications
Facilities;
20)A copy of the geotechnical sub-surface soils investigation, evaluation report and foundation
recommendation for a proposed or existing Tower site and if existing Tower or water tank site, a
copy of the installed foundation design. The investigation, evaluation and design shall be prepared
by a licensed professional.
J)The applicant will provide a written copy of an analysis, completed by a qualified individual or
organization, to determine if the proposed new Tower or existing structure intended to support wireless
facilities is in compliance with Federal Aviation Administration Regulation Part 77 and if it requires
lighting. This requirement shall also be for any existing structure or building where the application
increases the height of the structure or building. If this analysis determines, that an FAA determination is
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required, then all filings with the FAA, all responses from the FAA and any related correspondence shall
be provided with the application. If the analysis determines that the structure is within the approach or
turning zone of the airport then approvals must be received from the local airport.
K)Application for New Tower
1)In the case of a new Tower, the Applicant shall be required to submit a written report demonstrating
its meaningful efforts to secure shared use of existing Tower(s) or the use of alternative buildings or
other structures within the Village. Copies of written requests and responses for shared use shall be
provided to the Village in the Application, along with any letters of rejection stating the reason for
rejection.
2)In order to better inform the public, in the case of a new Telecommunication Tower, the Applicant
shall, prior to the public hearing on the application, hold a “balloon test”. The Applicant shall arrange
to fly, or raise upon a temporary mast, a minimum of a three (3) foot in diameter brightly colored
balloon at the maximum height of the proposed new Tower. The dates, (including a second date, in
case of poor visibility on the initial date) times and location of this balloon test shall be advertised by
the Applicant seven (7) and fourteen (14) days in advance of the first test date in a newspaper with a
general circulation in the Village. The Applicant shall inform the Village, in writing, of the dates and
times of the test, at least fourteen (14) days in advance. The balloon shall be flown for at least four
consecutive hours sometime between 7:00 am and 4:00 pm on the dates chosen. The primary date
shall be on a weekend, but in case of poor weather on the initial date, the secondary date may be on a
weekday. A report with pictures from various locations of the balloon shall be provided with the
Application.
3)The Applicant shall examine the feasibility of designing the proposed Tower to accommodate future
demand for at least two (2) additional commercial applications, for example, future co-locations. The
Tower shall be structurally designed to accommodate at least two (2) additional Antenna Arrays equal
to those of the Applicant, and located as close to the Applicant’s Antenna as possible without causing
interference. This requirement may be waived, provided that the Applicant, in writing, demonstrates
that the provisions of future shared usage of the Tower is not technologically feasible, is
Commercially Impracticable or creates an unnecessary and unreasonable burden, based upon:
a)The foreseeable number of FCC licenses available for the area;
b)The kind of Wireless Telecommunications Facilities site and structure proposed;
c)The number of existing and potential licenses without Wireless Telecommunications
Facilities spaces/sites;
d)Available space on existing and approved Towers.
4)The owner of a proposed new Tower, and his/her successors in interest, shall negotiate in good faith
for the shared use of the proposed Tower by other Wireless service providers in the future, and shall:
a)Respond within 60 days to a request for information from a potential shared-use Applicant;
b)Negotiate in good faith concerning future requests for shared use of the new Tower by other
Telecommunications providers;
c)Allow shared use of the new Tower if another Telecommunications provider agrees in
writing to pay reasonable charges. The charges may include, but are not limited to, a pro rata
share of the cost of site selection, planning, project administration, land costs, site design,
construction and maintenance financing, return on equity, less depreciation, and all of the
costs of adapting the Tower or equipment to accommodate a shared user without causing
electromagnetic interference.
d)Failure to abide by the conditions outlined above may be grounds for revocation of the
Conditional Use Permit.
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L) The Applicant shall provide certification with documentation (structural analysis) including calculations
that the Telecommunication Facility Tower and foundation and attachments, rooftop support structure,
water tank structure, and any other supporting structure as proposed to be utilized are designed and will be
constructed to meet all local, Village, State and Federal structural requirements for loads, including wind
and ice loads.
M)If proposal is for a co-location or modification on an existing Tower, the applicant is to provide signed
documentation of the Tower condition such as an ANSI report as per Annex E, Tower Maintenance and
Inspection Procedures, ANSI/TIA/EIA-222F or most recent version. The inspection report must be
performed every three (3) years for a guyed tower and five (5) years for monopoles and self-supporting
towers.
N)All proposed Wireless Telecommunications Facilities shall contain a demonstration that the Facility will
be sited so as to minimize visual intrusion as much as possible, given the facts and circumstances involved
and will thereby have the least adverse visual effect on the environment and its character and on the
residences in the area of the Wireless Telecommunications Facility.
O)If a new Tower, proposal for a new Antenna attachment to an existing structure, or modification adding to
a visual impact, the Applicant shall furnish a Visual Impact Assessment, which shall include:
1)If a new Tower or increasing the height of an existing structure is proposed, a computer generated
“Zone of Visibility Map” at a minimum of one mile radius from the proposed structure, with and
without foliage shall be provided to illustrate locations from which the proposed installation may be
seen.
2)Pictorial representations of “before and after” (photo simulations) views from key viewpoints both
inside and outside of the Village as may be appropriate, including but not limited to State highways
and other major roads; State and local parks; other public lands; historic districts; preserves and
historic sites normally open to the public; and from any other location where the site is visible to a
large number of visitors, travelers or residents. Guidance will be provided, concerning the appropriate
key sites at the pre-application meeting. Provide a map showing the locations of where the pictures
were taken and distance from the proposed structure.
3)A written description of the visual impact of the proposed facility including; and as applicable the
Tower base, guy wires, fencing and accessory buildings from abutting and adjacent properties and
streets as relates to the need or appropriateness of screening.
P)The Applicant shall demonstrate and provide in writing and/or by drawing how it shall effectively screen
from view the base and all related equipment and structures of the proposed Wireless Telecommunications
Facility
Q)The Wireless Telecommunications Facility and any and all accessory or associated facilities shall
maximize the use of building materials, colors and textures designed to blend with the structure to which it
may be affixed and/or to harmonize with the natural surroundings. This may include the utilization of
stealth or concealment technology if required by the Village.
R)All utilities at a Wireless Telecommunications Facilities site shall be installed underground whenever
possible and in compliance with all Laws, Ordinances, rules and regulations of the Village, including
specifically, but not limited to, the National Electrical Safety Code and the National Electrical Code where
appropriate
S)At a Telecommunications Site, an access road, turn-around space and parking shall be provided to assure
adequate emergency and service access. Maximum use of existing roads, whether public or private, shall
be made to the extent practicable. Road construction shall at all times minimize ground disturbance and
the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual
disturbance and reduce soil erosion.
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T)All Wireless Telecommunications Facilities shall be constructed, operated, maintained, repaired, provided
for removal of, modified or restored in strict compliance with all current applicable technical, safety and
safety-related codes adopted by the Village, State, or United States, including but not limited to the most
recent editions of the ANSI Code, National Electrical Safety Code and the National Electrical Code, as
well as accepted and responsible workmanlike industry practices and recommended practices of the
National Association of Tower Erectors.The codes referred to are codes that include, but are not limited
to, construction, building, electrical, fire, safety, health, and land use codes. In the event of a conflict
between or among any of the preceding the more stringent shall apply.
U)A holder of a Conditional Use Permit granted under this Ordinance shall obtain, at its own expense, all
permits and licenses required by applicable Law, rule, regulation or code, and must maintain the same, in
full force and effect, for as long as required by the Village or other governmental entity or agency having
jurisdiction over the applicant.
V)There shall be a pre-application meeting. The purpose of the pre-application meeting will be to address
issues that will help to expedite the review and permitting process. A pre-application meeting shall also
include a site visit if there has not been a prior site visit for the requested site.
W)An Applicant shall submit to the Village the number of completed Applications determined to be needed
at the pre-application meeting. Written notification of the Application shall be provided to the legislative
body of all adjacent municipalities as applicable and/or requested.
X)The holder of a Conditional Use Permit shall notify the Village of any intended Modification of a Wireless
Telecommunication Facility and shall apply to the Village to modify, relocate or rebuild a Wireless
Telecommunications Facility.
7.11.09. Location of Wireless Telecommunications Facilities.
A) Applicants for Wireless Telecommunications Facilities shall locate, site and erect said Wireless
Telecommunications Facilities in accordance with the following priorities, one (1) being the highest
priority and five (5) being the lowest priority.
1) On existing Towers or other structures on other property in the Village
2) A new Tower on properties in areas zoned for Industrial use
3) A new Tower on properties in areas zoned for Commercial use
4) A new Tower on properties in areas zoned for Agricultural use not planned for residential use in
Comprehensive Plan
5) A new Tower on properties in areas zoned for Residential use
B)If the proposed site is not proposed for the highest priority listed above, then a detailed explanation must
be provided as to why a site of a higher priority was not selected. The person seeking such an exception
must satisfactorily demonstrate the reason or reasons why such a permit should be granted for the
proposed site, and the hardship that would be incurred by the Applicant if the permit were not granted for
the proposed site.
C)An Applicant may not by-pass sites of higher priority by stating the site proposed is the only site leased or
selected. An Application shall address co-location as an option. If such option is not proposed, the
Applicant must explain to the reasonable satisfaction of the Village why co-location is Commercially or
otherwise Impracticable. Agreements between providers limiting or prohibiting co-location shall not be a
valid basis for any claim of Commercial Impracticability or hardship.
D)Notwithstanding the above, the Village may approve any site located within an area in the above list of
priorities, provided that the Village finds that the proposed site is in the best interest of the health, safety
and welfare of the Village and its inhabitants and will not have a deleterious effect on the nature and
character of the community and neighborhood.
E)The Applicant shall submit a written report demonstrating the Applicant’s review of the above locations in
order of priority, demonstrating the technological reason for the site selection. If appropriate, based on
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selecting a site of lower priority, a detailed written explanation as to why sites of a higher priority were not
selected shall be included with the Application.
F)Notwithstanding that a potential site may be situated in an area of highest priority or highest available
priority, the Village may disapprove an Application for any of the following reasons.
1) Conflict with safety and safety-related codes and requirements;
2) Conflict with the historic nature or character of a neighborhood or historical district;
3) The use or construction of Wireless Telecommunications Facilities which is contrary to an already
stated purpose of a specific zoning or land use designation;
4) The placement and location of Wireless Telecommunications Facilities which would create an
unacceptable risk, or the reasonable probability of such, to residents, the public, employees and agents
of the Village, or employees of the service provider or other service providers;
5) Conflicts with the provisions of this Ordinance.
7.11.10. Shared Use of Wireless Telecommunications Facilities and Other Structures.
A)The Village shall prefer Applicants to locate on existing Towers or others structures without increasing the
height instead of the construction of a new Tower. The Applicant shall submit a comprehensive report
inventorying existing Towers and other suitable structures within two (2) miles of the location of any
proposed new Tower, unless the Applicant can show that some other distance is more reasonable and
demonstrate conclusively why an existing Tower or other suitable structure cannot be used.
B)An Applicant intending to locate on an existing Tower or other suitable structure shall be required to
document the intent of the existing owner to permit its use by the Applicant.
C)Such shared use shall consist only of the minimum Antenna Array technologically required to provide
service primarily and essentially within the Village, to the extent practicable, unless good cause is shown.
7.11.11. Height of Telecommunications Tower(s).
A)The Applicant shall submit documentation justifying the total height of any Tower, Facility and/or
Antenna requested and the basis therefore. Documentation in the form of propagation studies must include
all backup data used to perform at requested height and a minimum of ten (10’) feet lower height to allow
verification of this height need. Such documentation will be analyzed in the context of the justification of
the height needed to provide service primarily and essentially within the Village, to the extent practicable,
unless good cause is shown.
B) No Tower constructed after the effective date of this Ordinance, including allowing for all attachments,
shall exceed that height which shall permit operation without required artificial lighting of any kind in
accordance with Village, State, and/or any Federal statute, law, local law, Village Ordinance, code, rule or
regulation.
7.11.12. Visibility of Wireless Telecommunications Facilities.
A)Wireless Telecommunications Facilities shall not be artificially lighted or marked, except as required by
Law. Wireless Telecommunications Facilities shall not be artificially lighted or marked, except as required
by Law. Towers requiring lighting shall submit a request for relief from 7.11.11 (B) as allowed under
§7.11.28 of this ordinance
B)Towers shall be galvanized and/or painted with a rust-preventive paint of an appropriate color to
harmonize with the surroundings and shall be maintained in accordance with the requirements of this
Ordinance.
C)If lighting is required, Applicant shall provide a plan for sufficient lighting of as unobtrusive and
inoffensive an effect as is permissible under State and Federal regulations.
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7.11.13. Security of Wireless Telecommunications Facilities.
All Wireless Telecommunications Facilities and Antennas shall be located, fenced or otherwise secured in a manner
that prevents unauthorized access. Specifically:
A)All Antennas, Towers and other supporting structures, including guy anchor points and wires, shall be
made inaccessible to individuals and constructed or shielded in such a manner that they cannot be climbed
or collided with; and
B)Transmitters and Telecommunications control points shall be installed in such a manner that they are
readily accessible only to persons authorized to operate or service them.
7.11.14. Signage.
Wireless Telecommunications Facilities shall contain a sign no larger than four (4) square feet in order to provide
adequate notification to persons in the immediate area of the presence of RF radiation or to control exposure to RF
radiation within a given area. A sign of the same size is also to be installed to contain the name(s) of the owner(s)
and operator(s) of the Antenna(s) as well as emergency phone number(s). The sign shall be on the equipment
shelter or cabinet of the Applicant and be visible from the access point of the site and must identify the equipment
owner of the shelter or cabinet. On tower sites, an FCC registration site as applicable is also to be present. The
signs shall not be lighted, unless applicable law, rule or regulation requires lighting. No other signage, including
advertising, shall be permitted.
7.11.15. Lot Size and Setbacks.
All proposed Towers and any other proposed Wireless Telecommunications Facility structures shall be set back
from abutting parcels, recorded rights-of-way and road and street lines by the greater of the following distances: A
distance equal to the height of the proposed Tower or Wireless Telecommunications Facility structure plus ten
percent (10%) of the height of the Tower or structure, or the existing setback requirement of the underlying Zoning
District, whichever is greater. Any Accessory structure shall be located so as to comply with the applicable
minimum setback requirements for the property on which it is situated.
7.11.16. Retention of Expert Assistance and Reimbursement by Applicant.
A)The Village may hire any consultant and/or expert necessary to assist the Village in reviewing and
evaluating the Application, including the construction and modification of the site, once permitted, and
any site inspections.
B)An Applicant shall deposit with the Village funds sufficient to reimburse the Village for all reasonable
costs of consultant and expert evaluation and consultation to the Village in connection with the review of
any Application including where applicable, the lease negotiation, the pre -approval evaluation, and the
construction and modification of the site, once permitted. The initial deposit shall be $8,500.00. The
placement of the $8,500.00 with the Village shall precede the pre-application meeting. The Village will
maintain a separate escrow account for all such funds. The Village’s consultants/experts shall invoice the
Village for its services related to the Application. If at any time during the process this escrow account has
a balance less than $2,500.00, the Applicant shall immediately, upon notification by the Village, replenish
said escrow account so that it has a balance of at least $5,000.00. Such additional escrow funds shall be
deposited with the Village before any further action or consideration is taken on the Application. In the
event that the amount held in escrow by the Village is more than the amount of the actual invoicing at the
conclusion of the project, the remaining balance shall, upon request of the Applicant, be promptly
refunded to the Applicant.
C)The total amount of the funds needed as set forth in subsection (B) of this section may vary with the scope
(lease negotiations and/or review) and complexity of the project, the completeness of the Application and
other information as may be needed to complete the necessary review, analysis and inspection of any
construction or modification.
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7.11.17. Public Hearing and Notification Requirements.
A)Prior to the approval of any Application for a Conditional Use Permit for Wireless Telecommunications
Facilities, a Public Hearing shall be held by the Village, notice of which shall be published in the newspaper
general circulation in of the Village no less than ten (10) calendar days prior to the scheduled date of the
Public Hearing. In order that the Village may notify nearby landowners, the Application shall contain the
names and address of all landowners whose property is located within three hundred (300) feet of any
property line of the lot or parcel on which the new Wireless Telecommunications Facilities are proposed to
be located.
B)There shall be no Public Hearing required for an Application to co-locate on an existing Tower or other
structure or a modification at an existing site, as long as there is no proposed increase in the height of the
Tower or structure, including attachments thereto.
C)The Village shall schedule the Public Hearing referred to in Subsection (A) of this section once it finds the
Application is complete, the Village, at any stage prior to issuing a Conditional Use Permit, may require
such additional information as it deems necessary.
7.11.18. Action on an Application for a Conditional Use Permit for Wireless Telecommunications Facilities.
A) The Village will undertake a review of an Application pursuant to this Article in a timely fashion,
consistent with its responsibilities, and shall act within a reasonable period of time given the relative
complexity of the Application and the circumstances, with due regard for the public’s interest and need to
be involved, and the Applicant’s desire for a timely resolution.
B) The Village may refer any Application or part thereof to any advisory, other committee or commission for
a non-binding recommendation.
C) After the Public Hearing and after formally considering the Application, the Village may approve, approve
with conditions, or deny a Conditional Use Permit. Its decision shall be in writing and shall be supported
by substantial evidence contained in a written record. The burden of proof for the granting of the Permit
shall always be upon the Applicant.
D)If the Village approves the Conditional Use Permit for Wireless Telecommunications Facilities, then the
Applicant shall be notified of such approval in writing within ten (10) calendar days of the Village’s
action, and the Conditional Use Permit shall be issued within thirty (30) days after such approval. Except
for necessary building permits, and subsequent Certificates of Compliance, once a Conditional Use Permit
has been granted hereunder, no additional permits or approvals from the Village, such as site plan or
zoning approvals, shall be required by the Village for the Wireless Telecommunications Facilities covered
by the Conditional Use Permit.
E) If the Village denies the Conditional Use Permit for Wireless Telecommunications Facilities, then the
Applicant shall be notified of such denial in writing within ten (10) calendar days of the Village’s action.
7.11.19. Extent and Parameters of Conditional Use Permit for Wireless Telecommunications Facilities.
The extent and parameters of a Conditional Use Permit for Wireless Telecommunications Facilities shall be as
follows:
A)Such Conditional Use Permit shall not be assigned, transferred or conveyed without the express prior
written notification to the Village.
B)Such Conditional Use Permit may, following a hearing upon due prior notice to the Applicant, be revoked,
canceled, or terminated for a violation of the conditions and provisions of the Conditional Use Permit, or
for a material violation of this Ordinance after prior written notice to the holder of the Conditional Use
Permit.
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7.11.20. Application Fee.
At the time that a Person submits an Application for a Conditional Use Permit for a new Tower or an
Administrative Review of an existing tower or structure, such Person shall pay a non-refundable application fee to
the Village as set by the Village Fee Schedule.
7.11.21. Performance Security.
The Applicant and the owner of record of any proposed Wireless Telecommunications Facilities property site shall,
at its cost and expense, be jointly required to execute and file with the Village a bond, or other form of security
acceptable to the Village as to type of security and the form and manner of execution, in an amount of at least
$75,000.00 for a Tower facility and $25,000 for a co-location on an existing tower or other structure and with such
sureties as are deemed sufficient by the Village to assure the faithful performance of the terms and conditions of
this Ordinance and conditions of any Conditional Use Permit issued pursuant to this Ordinance. The full amount of
the bond or security shall remain in full force and effect throughout the term of the Conditional Use Permit and/or
until any necessary site restoration is completed to restore the site to a condition comparable to that, which existed
prior to the issuance of the original Conditional Use Permit.
7.11.22. Reservation of Authority to Inspect Wireless Telecommunications Facilities.
In order to verify that the holder of a Conditional Use Permit for Wireless Telecommunications Facilities and any
and all lessees, renters, and/or licensees of Wireless Telecommunications Facilities, place and construct such
facilities, including Towers and Antennas, in accordance with all applicable technical, safety, fire, building, and
zoning codes, Laws, Ordinances and regulations and other applicable requirements, the Village may inspect all
facets of said permit holder’s, renter’s, lessee’s or licensee’s placement, construction, modification and
maintenance of such facilities, including, but not limited to, Towers, Antennas and buildings or other structures
constructed or located on the permitted site.
7.11.23. Liability Insurance for facilities located on Village owned property
A) A holder of a Conditional Use Permit for Wireless Telecommunications Facilities shall secure and at all
times maintain public liability insurance for personal injuries, death and property damage, and umbrella
insurance coverage, for the duration of the Conditional Use Permit in amounts as set forth below
1) Commercial General Liability covering personal injuries, death and property damage: $1,000,000
per occurrence/$2,000,000 aggregate;
2) Automobile Coverage: $1,000,000 per occurrence/ $2,000,000 aggregate;
3) Workers Compensation and Disability: Statutory amounts
B)For a Wireless Telecommunications Facility on Village property, the Commercial General Liability
insurance policy shall specifically include the Village and its officers, Councils, employees, committee
members, attorneys, agents and consultants as additional insureds.
C)The insurance policies shall be issued by an agent or representative of an insurance company licensed to
do business in the State and with a Best’s rating of at least A.
D)The insurance policies shall contain an endorsement obligating the insurance company to furnish the
Village with at least forty five-(45) days prior written notice in advance of the cancellation of the
insurance.
E) Renewal or replacement policies or certificates shall be delivered to the Village at least fifteen (15) days
before the expiration of the insurance that such policies are to renew or replace.
F) Before construction of a permitted Wireless Telecommunications Facilities is initiated, but in no case later
than fifteen (15) days after the granting of the Conditional Use Permit, the holder of the Conditional Use
Permit shall deliver to the Village a copy of each of the policies or certificates representing the insurance
in the required amounts.
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7.11.24. Indemnification.
A)Any application for Wireless Telecommunication Facilities that is proposed for Village property, pursuant
to this Ordinance, shall contain a provision with respect to indemnification. Such provision shall require
the applicant, to the extent permitted by the Law, to at all times defend, indemnify, protect, save, hold
harmless, and exempt the Village, and its officers, Councils, employees, committee members, attorneys,
agents, and consultants from any and all penalties, damages, costs, or charges arising out of any and all
claims, suits, demands, causes of action, or award of damages, whether compensatory or punitive, or
expenses arising therefrom, either at law or in equity, which might arise out of, or are caused by, the
placement, construction, erection, modification, location, products performance, use, operation,
maintenance, repair, installation, replacement, removal, or restoration of said Facility, excepting, however,
any portion of such claims, suits, demands, causes of action or award of damages as may be attributable to
the negligent or intentional acts or omissions of the Village, or its servants or agents. With respect to the
penalties, damages or charges referenced herein, reasonable attorneys’ fees, consultants’ fees, and expert
witness fees are included in those costs that are recoverable by the Village.
B)Notwithstanding the requirements noted in subsection (A) of this section, an indemnification provision
will not be required in those instances where the Village itself applies for and secures a Conditional Use
Permit for Wireless Telecommunications Facilities
7.11.25. Fines (Reference section 10.06)
A) In the event of a violation of this Ordinance or any Conditional Use Permit issued pursuant to this
Ordinance, the Village may prosecute the holder of the Conditional Use Permit for Wireless
Telecommunications Facilities shall pay fines or penalties as set forth in 10.06 of this Regulation and as
allowed by State Statute.
B) Notwithstanding anything in this Ordinance, the holder of the Conditional Use Permit for Wireless
Telecommunications Facilities may not use the payment of fines, liquidated damages or other penalties, to
evade or avoid compliance with this Ordinance or any section of this Ordinance. An attempt to do so shall
subject the holder of the Conditional Use Permit to termination and revocation of the Conditional Use
Permit. The Village may also seek injunctive relief to prevent the continued violation of this Ordinance,
without limiting other remedies available to the Village.
7.11.26. Default and/or Revocation.
If a Wireless Telecommunications Facility is repaired, rebuilt, placed, moved, re-located, modified or
maintained in a way that is inconsistent or not in compliance with the provisions of this Ordinance or of
the Conditional Use Permit, then the Village shall notify the holder of the Conditional Use Permit in
writing of such violation. A Permit holder in violation may be considered in default and subject to fines as
in Section 7.11.25 and if a violation is not corrected to the satisfaction of the Village in a reasonable
period of time the Conditional Use Permit is subject to revocation.
7.11.27. Removal of Wireless Telecommunications Facilities.
A) Under the following circumstances, the Village may determine that the health, safety, and welfare interests
of the Village warrant and require the removal of Wireless Telecommunications Facilities.
1) Wireless Telecommunications Facilities with a permit have been abandoned (i.e. not used as Wireless
Telecommunications Facilities) for a period exceeding ninety consecutive (90) days or a total of one
hundred-eighty (180) days in any three hundred-sixty five (365) day period, except for periods caused
by force majeure or Acts of God, in which case, repair or removal shall commence within 90 days;
2) Permitted Wireless Telecommunications Facilities fall into such a state of disrepair that it creates a
health or safety hazard;
3) Wireless Telecommunications Facilities have been located, constructed, or modified without first
obtaining, or in a manner not authorized by, the required Conditional Use Permit, or any other
necessary authorization and the Conditional Use Permit may be revoked.
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B) If the Village makes such a determination as noted in subsection (A) of this section, then the Village shall
notify the holder of the Conditional Use Permit for the Wireless Telecommunications Facilities within
forty-eight (48) hours that said Wireless Telecommunications Facilities are to be removed, the Village
may approve an interim temporary use agreement/permit, such as to enable the sale of the Wireless
Telecommunications Facilities.
C)The holder of the Conditional Use Permit, or its successors or assigns, shall dismantle and remove such
Wireless Telecommunications Facilities, and all associated structures and facilities, from the site and
restore the site to as close to its original condition as is possible, such restoration being limited only by
physical or Commercial Impracticability, within ninety (90) days of receipt of written notice from the
Village. However, if the owner of the property upon which the Wireless Telecommunications Facilities
are located wishes to retain any access roadway to the Wireless Telecommunications Facilities, the owner
may do so with the approval of the Village.
D)If Wireless Telecommunications Facilities are not removed or substantial progress has not been made to
remove the Wireless Telecommunications Facilities within ninety (90) days after the Permit holder has
received notice, then the Village may order officials or representatives of the Village to remove the
Wireless Telecommunications Facilities at the sole expense of the owner or Conditional Use Permit
holder.
E)If, the Village removes, or causes to be removed, Wireless Telecommunications Facilities, and the owner
of the Wireless Telecommunications Facilities does not claim and remove it from the site to a lawful
location within ten (10) days, then the Village may take steps to declare the Wireless Telecommunications
Facilities abandoned, and sell them and their components.
F)Notwithstanding anything in this Section to the contrary, the Village may approve a temporary use
permit/agreement for the Wireless Telecommunications Facilities, for no more ninety (90) days, during
which time a suitable plan for removal, conversion, or re-location of the affected Wireless
Telecommunications Facilities shall be developed by the holder of the Conditional Use Permit, subject to
the approval of the Village, and an agreement to such plan shall be executed by the holder of the
Conditional Use Permit and the Village. If such a plan is not developed, approved and executed within the
ninety (90) day time period, then the Village may take possession of and dispose of the affected Wireless
Telecommunications Facilities in the manner provided in this Section.
7.11.28. Relief.
Any Applicant desiring relief, waiver or exemption from any aspect or requirement of this Ordinance may request
such, provided that the relief or exemption is contained in the submitted Application for either a Conditional Use
Permit, or in the case of an existing or previously granted Conditional Use Permit a request for modification of its
Tower and/or facilities. Such relief may be temporary or permanent, partial or complete. However, the burden of
proving the need for the requested relief, waiver or exemption is solely on the Applicant to prove. The Applicant
shall bear all costs of the Village in considering the request and the relief, waiver or exemption. No such relief or
exemption shall be approved unless the Applicant demonstrates by clear and convincing evidence that, if granted
the relief, waiver or exemption will have no significant affect on the health, safety and welfare of the Village, its
residents and other service providers.
7.11.29. Periodic Regulatory Review by the Village.
A) The Village may at any time conduct a review and examination of this entire Ordinance.
B) If after such a periodic review and examination of this Ordinance, the Village determines that one or more
provisions of this Ordinance should be amended, repealed, revised, clarified, or deleted, then the Village
may take whatever measures are necessary in accordance with applicable Law in order to accomplish the
same. It is noted that where warranted, and in the best interests of the Village, the Village may repeal this
entire Ordinance at any time.
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C) Notwithstanding the provisions of subsections (A) and (B) of this Section, the Village may at any time and
in any manner (to the extent permitted by Federal, State, or local law), amend, add, repeal, and/or delete
one or more provisions of this Ordinance.
7.11.30. Adherence to State and/or Federal Rules and Regulations.
A) To the extent that the holder of a Conditional Use Permit for Wireless Telecommunications Facilities has
not received relief, or is otherwise exempt, from appropriate State and/or Federal agency rules or
regulations, then the holder of such a Conditional Use Permit shall adhere to, and comply with, all
applicable rules, regulations, standards, and provisions of any State or Federal agency, including, but not
limited to, the FAA and the FCC. Specifically included in this requirement are any rules and regulations
regarding height, lighting, security, electrical and RF emission standards.
B) To the extent that applicable rules, regulations, standards, and provisions of any State or Federal agency,
including but not limited to, the FAA and the FCC, and specifically including any rules and regulations
regarding height, lighting, and security are changed and/or are modified during the duration of a
Conditional Use Permit for Wireless Telecommunications Facilities, then the holder of such a Conditional
Use Permit shall conform the permitted Wireless Telecommunications Facilities to the applicable changed
and/or modified rule, regulation, standard, or provision within a maximum of twenty-four (24) months of
the effective date of the applicable changed and/or modified rule, regulation, standard, or provision, or
sooner as may be required by the issuing entity.
7.11.31. Conflict with Other Laws.
Where this Ordinance differs or conflicts with other Laws, rules and regulations, unless the right to do so is
preempted or prohibited by the Village, State or Federal government, this Ordinance shall apply.
7.11.32. Effective Date.
This ordinance shall be in full force and effect from and after its passage, approval and publication, in pamphlet
form, as provided by law.
7.11.33. Authority.
This local Ordinance is enacted pursuant to applicable authority granted by the State and federal government.
7.11.15 Satellite Dish Antennas, Regulation: Upon adoption of this regulation, installation of satellite dish
antennas shall be permitted within the zoning jurisdiction of Doniphan only upon compliance with the
following criteria:
1.In residentially zoned districts, satellite dish antennas may not exceed a diameter of ten feet (10’).
2.Single family residences may not have more than one (1) satellite dish antenna over three feet (3’)
in diameter.
3.Multiple family residences with ten (10) or less dwelling units may have no more than one (1)
satellite dish antenna over three feet (3’) in diameter. Multiple family residences with more than
ten (10) dwelling units may have no more than two (2) satellite dish antennas over three feet (3’) in
diameter.
4.In residential zoning districts, satellite dish antennas shall not be installed in the required front yard
setback or side yard setback area.
5.All satellite dish antennas installed within the zoning jurisdiction of Doniphan, upon adoption of
this regulation, shall be of a neutral color such as black, gray, brown, or such color as will blend
with the surrounding dominant color in order to camouflage the antenna.
7.11.16 Severability: If any clause, subsection, or any other part of this Section shall be held invalid or
unconstitutional by any court of competent jurisdiction, the remainder of this Section shall not be
affected thereby, but shall remain in full force and effect.
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Section 7.12 Fences
7.12.01 No fence or vegetation shall be situated or constructed in such a way as to obstruct the vehicular traffic
or otherwise create a traffic safety hazard.
7.12.02 The use of barbed wire in the construction of any fence is prohibited except:
1.Perimeter security fencing of buildings constructed in an Industrial District. The plans and
specifications for any such fencing must be approved by the Zoning Administrator before
commencement of construction.
2.Farm fencing constructed for agricultural purposes.
7.12.03 All fences shall be maintained in good repair.
7.12.04 All fences shall be located inside or on the boundaries of the property upon which constructed except
where two (2) adjacent property owners pursuant to written agreement filed with the Village agree to
build one (1) fence on the common lot line of adjacent side yards or back yards.
7.12.05 Electric Fences. No electric fence, except underground animal control fences, shall be constructed or
maintained within the Village of Doniphan or within its extraterritorial zoning jurisdiction as hereinafter
provided. An owner or lessee of such property may maintain electrified fencing provided same shall not
be energized to the extent that it is capable of causing bodily harm to persons, be they children or adults,
or to animals.
7.12.05 Fences in existence as of the effective date of this Ordinance. Any existing fence was in conformity
with the prior provisions of this section and which was in place as of said date, may remain without
change in accordance with this section notwithstanding the same may be in conflict with one (1) or more
provisions of this section as amended; provided, however, any replacement or change of said existing
fence or addition of a new fence, must hereby meet the requirements of this section as amended hereby.
Section 7.13 Performance Standards for Industrial Uses
7.13.01 Physical Appearance: All operations shall be carried on within an enclosed building except that new
materials or equipment in operable condition may be stored in the open. Normal daily wastes of an
inorganic nature may be stored in containers not in a building when such containers are not readily
visible from a street. The provisions of this paragraph shall not be construed to prohibit the display of
merchandise or vehicles for sale or the storage of vehicles, boats, farm machinery, trailers, mobile
homes, or similar equipment when in operable condition.
7.13.02 Fire hazard: No operation shall involve the use of highly flammable gasses, acid, liquids, grinding
processes, or other inherent fire hazards. This provision shall not be construed to prohibit the use of
normal heating fuels, motor fuels and welding gasses when handled in accordance with other regulations
of the Village of Doniphan.
7.13.03 Noise:No operation shall be carried on which involves noise in excess of the normal traffic noise of the
adjacent street at the time of the daily peak hour of traffic volume, or in excess of 80 dB levels,
whichever is greater. Noise shall be measured at the property line and when the level of such noise
cannot be determined by observation with the natural senses, a suitable instrument may be used and
measurement may include breakdowns into a reasonable number of frequency ranges.
7.13.04 Sewage and Liquid Wastes:No operation shall be carried on which involves the discharge into a sewer,
water course, or the ground, liquid waste of any radioactive or poisonous nature or chemical waste
which are detrimental to normal sewage plant operation or corrosive and damaging to sewer pipes and
installations.
7.13.05 Air Contaminants:
1.Air Contaminants and smoke shall be less dark than designated Number One on the Ringleman
Chart as published by the United States Bureau of Mines, except that smoke of a density designated
as Number One shall be permitted for one four minute period in each one-half hour. Light colored
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contaminants of such an capacity as to obscure an observer's view to a degree equal to or greater
than the aforesaid shall not be permitted
2.Particulate matter of dust as measured at the point of emission by any generally accepted method
shall not be emitted in excess of two tenths (0.2) grains per cubic foot as corrected to a temperature
of 500 degrees Fahrenheit, except for a period of four minutes in any one-half hour, at which time it
may equal but not exceed six tenths (0.6) grains per cubic foot as corrected to a temperature of 500
degrees Fahrenheit.
3.Due to the fact that the possibilities of air contamination cannot reasonably be comprehensively
covered in this section, there shall be applied the general rule that there shall not be discharged from
any sources whatsoever such quantities of air contaminants or other material in such quantity as to
cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the
public in general; or to endanger the comfort, repose, health, or safety of any such considerable
number of persons or to the public in general, or to cause, or have a natural tendency to cause injury
or damage to business, vegetation, or property.
4.Odor:The emission of odors that are generally agreed to be obnoxious to any considerable numbers
of persons, shall be prohibited. Observations of odor shall be made at the property line of the
establishment causing the odor. As a guide to classification of odor it shall be deemed that strong
odors of putrefaction and fermentation tend to be obnoxious and that such odors as associated with
baking or the roasting of nuts and coffee shall not normally be considered obnoxious within the
meaning of this Regulation.
5.Gasses: The gasses sulphur dioxide and hydrogen sulphide shall not exceed five parts per million (5
ppm), carbon monoxide shall not exceed five parts per million (5 ppm). All measurements shall be
taken at the zoning lot line.
6.Vibration:All machines including punch presses and stamping machines shall be so mounted as to
minimize vibration and in no case shall such vibration exceed a displacement of three thousandths
of an inch (0.003”), measured at the property line. The use of steam or broad hammers shall not be
permitted in this zone.
7.Glare and heat:All glare, such as welding arcs and open furnaces shall be shielded so that they
shall not be visible from the zoning lot line. No heat from furnaces or processing equipment shall
be sensed at the zoning lot line to the extent of raising the temperature of air or materials more than
five (5) degrees Fahrenheit.
Section 7.14 Landscaping Requirements
7.14.01 Intent: The intent of the landscaping requirements are to improve the appearance of lot areas; to provide
a buffer between differing land uses; to minimize the adverse effect of uses from one another; to
minimize the effect of heat, noise and glare; to conserve the value of property and neighborhoods within
the community; and to enhance the physical environment within the Village of Doniphan by ensuring
that yards, open spaces, parking lots and those areas abutting public rights-of-way are designed,
installed and maintained in accordance with then provisions of this section. Property development shall
consider and respect land capabilities and constraints, minimize erosion and destruction of natural
amenities and provide a buffer between differing land uses.
7.14.02 Screening Requirements:
1.All parking areas or vehicular use areas abutting a residential district or public right-of way shall be
screened from grade level to a height not less than three feet (3’).
2.All commercial and industrial uses that abut residential districts shall provide screening not less
than six feet (6’) in height along the abutting property line(s).
3.Screening required by this section shall be equivalent to the following:
a).Solid fences or walls as approved by the Village Board and/or Planning Commission.
b).Hedges, shrubs, or evergreen trees of three feet (3’) in height at planting spaced appropriately
to provide a solid screen within three (3) years after planting.
c).Berms of not less than three feet (3’) in height and that provide a maximum slope of three to
one (3:1) for easy maintenance. Such berms may be used in conjunction with plantings to
achieve the solid visual screen as described in 7.14.02(2).
d).All commercial dumpsters or trash bins, except those located in an alley, shall maintain a solid
six feet (6’) tall enclosure around each unit. Said enclosure shall be constructed of materials
that compliment or conform to those used on the primary structure.
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e).All projects shall include a detailed drawing indicating the method of enclosure and screening
to be used.
7.14.03 Installation and Maintenance of Landscaping and Screening:
1.Installation: All landscaping shall be installed in a sound workmanship like manner and according
to accepted good planting procedures. Landscaped areas shall require protection from vehicular
encroachment.
2.Maintenance: The owner, developer, tenant and/or their agent, if any, shall be jointly and severally
responsible for the maintenance of all landscaping. All required landscaping shall be maintained in
proper condition. When replacement is necessary, all new plants and other non-living landscape
materials shall conform to the requirements of this section. Lawn grass shall be maintained on all
areas not covered by other landscaping, parking, drives, buildings, or similar structures. Existing
yards shall be maintained with grass or other approved ground cover.
7.14.04 Preliminary Plan Approval: A landscape plan indicating both proposed and existing landscaping and
screening shall be submitted, with preliminary site plan for development, for review and approval by the
Village Board. Said Plan shall be in sufficient detail to provide the Village Board with a reasonable
understanding of what is being proposed. Site calculations used in computing quantities to satisfy the
required amounts of landscaping shall also be submitted.
7.14.05 Final Plan Approval: A detail listing of all plant materials to be used, quantities, size, and spacing shall
be submitted to the Village Board on separate sheets for review and recommendation and approval by
the Village Board along with a planting schedule at final development plan submission.
7.14.06 Parking Lot Plan Approval: A final site development plan shall be submitted to the Village Board with
the requisite landscaping and screening required herein for each of the following types of parking lot
improvements:
1.New construction.
2.Expansion of existing facilities.
3.Maintenance of existing facilities where an overlay is proposed at which time the landscaping and
screening shall be required. The Village Board may grant modifications to the required parking lot
landscaping and screening after review of submitted plans and in consideration of surrounding uses.
4.No parking lot shall be exempted from these regulations unless previously exempted.
7.15. Wind Energy Conversion Systems
7.15.01 Definitions
The following are defined for the specific use of this section.
(A) Aggregate Project shall mean projects that are developed and operated in a coordinated fashion,
but which have multiple entities separately owning one or more of the individual WECS within the larger project.
Associated infrastructure such as power lines and transformers that service the facility may be owned by a separate
entity but are also part of the aggregated project.
(B) Commercial WECS shall mean a wind energy conversion system of equal to or greater than 100
kW in total name plate generating capacity.
(C) Connector Line shall mean any power conductor that carries electrical power from one or more
wind turbines to the point of interconnection with the distribution system.
(D) Hub Height shall mean the distance from ground level as measured to the centerline of the rotor.
(E) Meteorological Tower shall mean, for purposes of this regulation, a tower which is erected
primarily to measure wind speed and directions plus other data relevant to siting a Wind Energy Conversion
System. Meteorological towers do not include towers and equipment used by airports, the Nebraska Department of
Roads, or other applications to monitor weather conditions.
(F) Micro Wind Energy Conversion System (MWECS) shall mean a wind energy conversion
system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated
capacity of not more than 5 kW and which is intended to primarily reduce on-site consumption of utility power.
Rotor Diameter shall not exceed 7 feet.
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(G) Property Line shall mean the boundary line of the area over which the entity applying for a
Wind Energy Conversion System permit has legal control for the purpose of installing, maintaining and operating a
Wind Energy Conversion System.
(H) Public Conservation lands shall mean land owned in fee title by State or Federal agencies and
managed specifically for conservation purposes, including but not limited to State Wildlife Management Areas,
State Parks, federal Wildlife Refuges and Waterfowl Production Areas. For purposes of this regulation, public
conservation lands will also include lands owned in fee title by non-profit conservation organizations, Public
conservation lands will also include private lands upon which conservation easements have been sold to public
agencies or non-profit conservation organizations.
(I) Rotor Diameter shall mean the diameter of the circle described by the moving rotor blades.
(J) Small Wind Energy Conversion System (SWECS) shall mean a wind energy conversion
system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated
capacity not less than 5 kW and not more than 100 kW or has a rated capacity of not more than 5 kW and a rotor
diameter of greater than 7 feet and which is intended to primarily reduce on-site consumption of utility power.
(K) Substations shall mean any electrical facility to convert electricity produced by wind turbines to
a higher or lower voltage for interconnection with transmission lines.
(L) Total Height shall mean the highest point, above ground level, reached by a rotor tip or any other
part of the Wind Energy Conversion System.
(M) Tower shall mean the vertical structures, including the foundation that supports the electrical
generator, rotor blades, or meteorological equipment.
(N) Tower Height (Ground Mounted) shall mean the total height of the Wind Energy Conversion
System, between the ground level at the base of the tower and the top of the tower, exclusive of the rotor blades.
(O) Tower Height (Roof Mounted) shall mean the total height of the Wind Energy Conversion
System, between the roof level at the base of the tower and the top of the tower, exclusive of the rotor blades.
(P) Transmission Line shall mean the electrical power lines that carry voltages of at least 69,000
volts (69 KV) and are primarily used to carry electric energy over medium to long distances rather than directly
interconnecting and supplying electric energy to retail customers.
(Q) Wind Energy Conversion System (WECS) shall mean an electrical generating facility
comprised of one or more wind turbines and accessory facilities, including but not limited to: power lines,
transformers, substations and meteorological towers that operate by converting the kinetic energy of wind into
electrical energy, which may be used on-site or distributed into the electrical grid.
(R) Wind Turbines shall mean any piece of electrical generating equipment that converts the kinetic
energy of blowing wind into electrical energy using airfoils or similar devices to capture the wind.
(S) Vertical Axis Wind Turbine: A wind energy conversion system design where the rotating shaft
is perpendicular to the ground and the cups or blades rotate parallel to the ground.
7.15.02 Micro Wind Energy Conversion Systems
Purpose
It is the purpose of this wind energy regulation to; promote the safe, effective and efficient use of wind energy and
to encourage the development of residential scale generation systems as they become affordable as determined by
the residents of Grand Island and Hall County.
Requirements
Residential wind energy conversion systems shall be permitted as an Accessory Use within any zoning district.
Certain requirements as set forth below shall be met:
(A) Tower Height
(1) Shall be limited by the size of the property. Tower height shall not exceed the fall zone
for the property.
(B) Minimum Lot Size
(1) Towers shall be permitted on all lots or parcels with a permitted principal use.
(C) Fall Zone
(1) Fall Zone is the total height and any underlying setbacks for ground mounted MWCES.
(2) Fall Zone is the 125% of the tower height and any underlying setbacks for roof mounted
MWCES.
(D) Setbacks
(1) No part of the wind system structure, including guy-wire anchors, may extend closer
than 10 feet to the property lines of the installation site; tower must meet required underlying setbacks.
(E) Noise
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(1)\MWCES shall not exceed 60 dBA, as measured at the closet neighboring inhabited dwelling
unit.
(2) The noise level may be exceeded during short term events such as utility outages and/or
severe wind storms, wind speeds of greater than 50 miles per hour.
(F) Approved Wind Turbines
(1) MWCES must have been approved under the Emerging Technologies program of the
California Energy Commission or any other small certification program recognized by the American Wind Energy
Association.
(G) Compliance with Building and Zoning Codes
(1) Applications for MWCES shall be accomplished by standard drawings of the wind
turbine structure, including the tower base, and footings.
(2) An engineering analysis of the tower showing compliance with official building code of
the governing body and/or the State of Nebraska and certified by a licensed professional engineer shall also be
submitted.
(H) Compliance with FAA Regulations
(1) MWCES must comply with applicable FAA regulations, including any necessary
approvals for installations within the airport approach zone.
(2) No MWCES shall be installed within the regulated airport approach zone until evidence
has been given that the Central Nebraska Regional Airport has been informed of the applicant’s intent to install a
MWECS. A copy of a certified letter (with mailing receipt) to the Central Nebraska Regional Airport informing
them of the owners’ intent to install the MWCES must be submitted with the building permit application.
(I) Compliance with National Electrical Code
(1) Permit applications for small wind energy systems shall be accompanied by a line
drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation
conforms to the National Electrical Code and the National Electric Safety Code.
(J) Utility Notification
(1) No small wind energy system shall be installed until evidence has been given that the
utility company has been informed of the customer’s intent to install an interconnected customer-owned generator.
(2) Off- grid systems shall be exempt from this requirement.
Setbacks
Minimum setbacks from all property lines shall be equal to the Fall Zone as defining in C above.
7.15.03 Small Wind Energy Conversion Systems
Purpose
It is the purpose of this regulation to promote the safe, effective and efficient use of small wind energy systems
installed to reduce the on-site consumption of utility supplied electricity.
Requirements
Small wind energy conversion systems shall be permitted as an Accessory Use within any district. Certain
requirements as set forth below shall be met:
(A) Tower Height
(1) Shall be limited by the size of the property. Tower height shall not exceed the fall zone
for the property.
(B) Minimum Lot Size
((1) Towers shall be permitted on all lots or parcels with a permitted principal use.
(C) Fall Zone
(1) Fall Zone is the total height and any underlying setbacks for ground mounted SWCES.
(2) Fall Zone is the 150% of the tower height and any underlying setbacks for roof mounted
SWCES.
(D) Setbacks
(1) No part of the wind system structure, including guy-wire anchors, may extend closer
than 10 feet to the property lines of the installation site; tower must meet required underlying setbacks.
(E) Noise
(1) SWCES shall not exceed 60 dBA, as measured at the closet neighboring inhabited
dwelling unit.
(2) The noise level may be exceeded during short term events such as utility outages and/or
severe wind storms, wind speeds of greater than 50 miles per hour.
(F) Approved Wind Turbines
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(1) SWCES must have been approved under the Emerging Technologies program of the
California Energy Commission or any other small certification program recognized by the American Wind Energy
Association.
(G) Compliance with Building and Zoning Codes
(1) Applications for SWCES shall be accomplished by standard drawings of the wind
turbine structure, including the tower base, and footings.
(2) An engineering analysis of the tower showing compliance with official building code of
the governing body and/or the State of Nebraska and certified by a licensed professional engineer shall also be
submitted.
(H) Compliance with FAA Regulations
(1) Small wind energy conversion systems must comply with applicable FAA regulations,
including any necessary approvals for installations within the airport approach zones.
(2) No SWCES shall be installed within the regulated airport approach zone until evidence
has been given that the Central Nebraska Regional Airport has been informed of the applicant’s intent to install a
SWECS. A copy of a certified letter (with mailing receipt) to the Central Nebraska Regional Airport informing
them of the owners’ intent to install the SWCES must be submitted with the building permit application.
(I) Compliance with National Electrical Code
(1) Permit applications for small wind energy systems shall be accompanied by a line
drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation
conforms to the National Electrical Code and the National Electric Safety Code.
(J) Utility Notification
(1) No small wind energy system shall be installed until evidence has been given that the
utility company has been informed of the customer’s intent to install an interconnected customer-owned generator.
(2) Off- grid systems shall be exempt from this requirement.
Setbacks
Minimum setbacks from all property lines shall be equal to the Fall Zone as defining in C above.
7.15.04 Commercial/Utility Grade Wind Energy Conversion Systems
Purpose
It is the purpose of this regulation to promote the safe, effective and efficient use of commercial/utility grade wind
energy conversion systems within the City of Grand Island and its Extraterritorial Zoning Jurisdiction.
Requirements:
Commercial/Utility Grade wind energy systems shall be a Conditional Use within the AG Agricultural District, and
the TA Transitional District. The following requirements and information shall be met and supplied:
(A) The name(s) of project applicant.
(B) The name of the project owner.
(C) The legal description and address of the project.
(D) A description of the project including: Number, type, name plate generating capacity, tower
height, rotor diameter, and total height of all wind turbines and means of interconnecting with the electrical grid.
(E) Site layout, including the location of property lines, wind turbines, feeder lines, and all related
accessory structures. This site layout shall include distances and be drawn to scale.
(F) Certification by an Engineer competent in disciplines of WEC’s.
(G) Documentation of land ownership or legal control of the property.
(H) The latitude and longitude of individual wind turbines; included with this shall be an area or zone
in close proximity that meets all setbacks; where actual WEC will be considered.
(I) A USGS topographical map, or map with similar data, of the property and surrounding area,
including any other Wind Energy Conversion System, within 10 rotor distances of the proposed Wind Energy
Conversion System not owned by the applicant.
(J) Location of migratory waterfowl flyways, wetlands, scenic, and natural areas within 1,320 feet of
the proposed Wind Energy Conversion System.
(K) An Acoustical Analysis that certifies that the noise requirements within this regulation can be met
(L) The applicant shall supply the emergency management agency and/or fire departments with a
basic emergency response plan.
(M) FAA and FCC permit, if necessary.
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(1) Commercial/Utility Grade wind energy conversion systems must comply with applicable FAA
regulations, including any necessary approvals for installations within the airport zone.
(2) No WEC shall be installed within the regulated airport approach zone until evidence has been
given that the Central Nebraska Regional Airport has been informed of the applicant’s intent to install a
SWECS. A copy of a certified letter (with mailing receipt) to the Central Nebraska Regional Airport
informing them of the owners intent to install the SWCES must be submitted with the building permit
application.
(N) Evidence that there will be no inference with any commercial and/or public safety
communication towers.
(O) Decommissioning Plan as required by this regulation.
Setbacks
All towers shall adhere to the setbacks established in the following table:
Wind Turbine-
Commercial/Utility WECS
Meteorological Towers
Property Lines 150 feet from property lines; however, the
setback may be less when two adjoining
property owners are within the aggregate
project.
One times the tower height.
Neighboring Dwelling Units 1,000 feet One times the tower height.
Road Rights-of-Way* One-half the rotor diameter. One times the tower height.
Other Rights-of-Way NA NA
Wildlife Management Areas
and State Recreational Areas
600 feet 600 feet
Wetlands, USFW Types III,
IV, and V
600 feet 600 feet
Other structures and
cemeteries adjacent to the
applicant's sites
One-half the rotor diameter. One times the tower height.
Other existing WECS not
owned by the applicant.
NA NA
* The setback shall be measured from any future Rights-of-Way if a planned change or expanded Right-of-Way is known.
Special Safety and Design Standards
All towers shall adhere to the following safety and design standards:
(A) Clearance of rotor blades or airfoils must maintain a minimum of 12 feet of clearance between
their lowest point and the ground.
(B) All Commercial/Utility WECS shall have a sign or signs posted on the tower, transformer and
substation, warning of high voltage. Other signs shall be posted on the tower base or perimeter fencing with
emergency contact information.
(C) All wind turbines, which are a part of a commercial/utility WECS, shall be installed with a
tubular, monopole type tower.
(D) Consideration shall be given to painted aviation warnings on all towers less than 200 feet.
(E) Color and finish:
All wind turbines and towers that are part of a commercial/utility WECS shall be white, grey, or
another non-obtrusive color. Blades may be black in order to facilitate deicing. Finishes shall be matte or non-
reflective.
(F) Lighting:
Lighting, including lighting intensity and frequency of strobe, shall adhere to but not exceed
requirements established by the FAA permits and regulations. Red strobe lights shall be used during nighttime
illumination to reduce impacts on neighboring uses and migratory birds. Red pulsating incandescent lights should
be avoided.
(G) Other signage:
All other signage shall comply with the sign regulations found in the City Code.
(H) Feeder Lines:
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All communications and connector lines associated with the project distribution system installed
as part of a WECS shall be buried. Where obstacles to the buried lines create a need to go above ground, these lines
may be placed above ground only to miss the obstacle.
(I) Waste Disposal:
Solid and Hazardous wastes, including but not limited to crates, packaging materials, damaged or
worn parts, as well as used oils and lubricants, shall be removed from the site promptly and disposed of in
accordance with all applicable local, state and federal regulations.
(J) Discontinuation and Decommissioning:
A WECS shall be considered a discontinued use after one year without energy production, unless
a plan is developed and submitted to the Zoning Administrator outlining the steps and schedule for returning the
WECS to service. All WECS and accessory facilities shall be completely removed to twelve feet below ground
level within 180 days of the discontinuation of use. The 180 days may be extended if proof of weather delays is
provided.
Each Commercial/Utility WECS shall have a Decommissioning plan outlining the anticipated
means and cost of removing WECS at the end of their serviceable life or upon use being discontinued. The cost
estimates shall be made by a competent party; such as a Professional Engineer, a contractor capable of
decommissioning or a person with suitable expertise or experience with decommissioning. The plan shall also
identify the financial resources that will be available to pay for decommissioning and removal of the WECS and
accessory facilities. The initial plan shall be submitted with the application. An updated plan shall be filed with the
City every 5 years.
(K) Noise:
No Commercial/Utility WECS shall exceed 50 dBA at the nearest structure or use occupied by
humans.
(L) Interference:
The applicant shall not cause interference with power quality of area utility feeder circuits and
shall not introduce noise to the connected electric distribution system. WECS shall not cause interference with any
commercial or public safety electromagnetic communications, such as radio, telephone, microwaves, or television
signals. The applicant shall notify all electric utilities and communication tower operators within five miles of the
proposed WECS location upon application for permits.
(M) Environmental Permits:
The developer shall present evidence the project meets the environmental permitting
requirements of all applicable state and federal agencies if such permits are required.
(N) Drainage System:
The applicant shall be responsible for immediate repair of damage to public drainage systems
stemming from construction, operation or maintenance of the WECS.
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ARTICLE 8:FLOOD PLAIN REGULATIONS
Section 8.01 Statutory Authorization, Findings of Fact and Purposes
8.01.01 Statutory Authorization
The Legislature of the State of Nebraska has delegated the responsibility to local governmental units to
adopt zoning regulations designed to protect the public health, safety, general welfare, and property of the
people of the state. The Legislature, in Nebraska Revised Statutes Sections 31-1001 to 31-1023 (as
amended), has further assigned the responsibility to adopt, administer, and enforce floodplain management
regulations to the county, city, or village with zoning jurisdiction over the floodprone area. Therefore the
Village Board of Doniphan, Nebraska ordains as follows:
8.01.02 Findings of Fact
A.Flood Losses Resulting from Periodic Inundation
The flood hazard areas of Doniphan, Nebraska are subject to inundation that results in loss of life and
property, health and safety hazards, disruption of commerce and governmental services, extraordinary
public expenditures for flood protection and relief, and impairment of the tax base, all of which
adversely affect the public health, safety, and general welfare.
B.General Causes of the Flood Losses
These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases
in flood heights and velocities as well as the occupancy of flood hazard areas by uses vulnerable to
floods or hazardous to others that are inadequately elevated or otherwise unprotected from flood
damages.
8.01.03 Statement of Purpose
It is the purpose of this ordinance to promote the public health, safety, and general
welfare and to minimize those losses described in Section 1.2 by applying the provisions
of this ordinance to:
1.Restrict or prohibit uses that are dangerous to health, safety, or property in times of
flooding or cause undue increases in flood heights or velocities.
2.Require that uses vulnerable to floods, including public facilities that service such
uses, be provided with flood protection at the time of initial construction.
3.Reduce financial burdens from flood damage borne by the community, its
governmental units, is residents, and its businesses by preventing excessive and
unsafe development in areas subject to flooding.
4.Assure that eligibility is maintained for property owners in the community to
purchase flood insurance from the National Flood Insurance Program.
8.01.04 Adherence to Regulations
The regulations of this ordinance are in compliance with the National Flood Insurance Program
Regulations as published in Title 44 of the Code of Federal Regulations and the Nebraska Minimum
Standards for Floodplain Management Programs as published in the Nebraska Administrative Code Title
455, Chapter 1.
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Section 8.02 General Provisions
8.02.01.Lands to which ordinance applies
This ordinance shall apply to all lands within the jurisdictions of Doniphan identified on the Flood
Insurance Rate Map (FIRM) panels 310102 0267D, 0269D, 0286D, 0288D, 0289D dated September 26,
2008 as Zone A and within the Zoning District established in Section 3.0 of this ordinance. In all areas
covered by this ordinance, no development shall be allowed except upon the issuance of a floodplain
development permit to develop, granted by the floodplain administrator or the governing body under such
safeguards and restrictions as the Village or the designated representative may reasonably impose for the
promotion and maintenance of the general welfare, health of the inhabitants of the community and where
specifically noted in noted in Sections 8.05, 8.06, and 8.07.
8.02.02.Rules for interpretation of district boundaries
The boundaries of the floodway and flood fringe overlay districts shall be determined by scaling distances
on the official zoning map or on the Flood Insurance Rate Map or Floodway Map. Where interpretation is
needed to the exact location of the boundaries of the districts as shown on the official zoning map, as for
example where there appears to be a conflict between a mapped boundary and actual field conditions, the
Enforcement Officer shall make the necessary interpretation. In such cases where the interpretation is
contested, the Zoning Board of Adjustment will resolve the dispute. The regulatory flood elevation for the
point in question shall be the governing factor in locating the district boundary on the land. The person
contesting the location of the district boundary shall be given a reasonable opportunity to present his case
to the Zoning Board of Adjustment and to submit his own technical evidence, if he so desires.
8.02.03.Compliance
Within identified special flood hazard areas of this community, no development shall be located, extended,
converted or structurally altered without full compliance with the terms of this ordinance and other applicable
regulations.
8.02.04.Abrogation and Greater Restrictions
It is not intended by this ordinance to repeal, abrogate or impair any existent easements, covenants, or
deed restrictions. However, where this ordinance imposes greater restrictions, the provision of this
ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the
extent of the inconsistency only.
8.02.05.Interpretation
In their interpretation and application, the provisions of this ordinance shall be held to be minimum
requirements and shall be liberally construed in favor of the governing body and shall not be deemed a
limitation or repeal of any other powers granted by state statutes.
8.02.06.Warning and Disclaimer of Liability
The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and
is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the
flood height may be increased by man-made or natural causes, such as ice jams and bridge openings restricted
by debris. This ordinance does not imply that areas outside floodway and flood fringe district boundaries or
land uses permitted within such districts will be free from flooding or flood damage. This ordinance shall not
create liability on the part of Doniphan or any officer or employee thereof for any flood damages that may
result from reliance on this ordinance or any administrative decision lawfully made thereunder.
8.02.07.Severability
If any section, clause, provision or portion of this ordinance is adjudged unconstitutional or invalid by a court
of competent jurisdiction, the remainder of this ordinance shall not be affected thereby.
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8.02.08.Appeal
Where a request for a permit to develop or a variance is denied by the Hall County Building Inspector or the
Hall County/Grand Island Planning Director the applicant may apply for such permit or variance directly to
the Hall County Board of Adjustment.
Section 8.03 Establishment of Zoning Districts
.
8.03.01.The mapped floodplain areas within the jurisdiction of this ordinance are hereby established as the
floodplain overlay district, as identified in the Flood Insurance Study dated September 26, 2008 and on
accompanying FIRM panels as established in Section 2.1. The floodplain overlay district shall correspond
to flood zone A. Within this district, all uses not meeting the standards of this ordinance and those
standards of the underlying zoning district shall be prohibited
Section 8.04 Flood Plain Management Administration Establishment of Zoning Districts
Along watercourses where a floodway has been established, the mapped floodplain areas are hereby divided into the
two following districts: A floodway overlay district (FW) and a flood fringe overlay district (FF) as identified in the
Flood Insurance Study [and accompanying map(s)]. Within these districts all uses not meeting the standards of this
ordinance and those standards of the underlying zoning district shall be prohibited.
8.04.01 DESIGNATION OF FLOODPLAIN ADMINISTRATOR
The Hall County Regional Planning Director or their designee is hereby designated as the community’s
local floodplain administrator. The floodplain administrator is authorized and directed to administer,
implement, and enforce all provisions of this ordinance. If the local floodplain administrator position is
unfilled, the community CEO shall assume the duties and responsibilities herein.
8.04.02 PERMITS REQUIRED
A floodplain development permit shall be required before any development, construction, or substantial
improvement is undertaken. No person, firm, corporation, government agency, or other entity shall initiate
any floodplain development without first obtaining a floodplain development permit.
8.04.03 DUTIES OF THE FLOODPLAIN ADMINISTRATOR
A.Duties of the floodplain administrator shall include, but not be limited to the following:
i.Review, approve, or deny all applications for floodplain development permits.
ii.Review all development permit applications to assure that sites are reasonably safe from flooding
and that the permit requirements of this ordinance have been satisfied.
iii.Review applications for proposed development to assure that all necessary permits have been
obtained from those federal, state, or local government agencies from which prior approval is
required.
iv.Review all subdivision proposals and other proposed new development, including manufactured
home parks or subdivisions, to determine whether such proposals will be reasonably safe from
flooding.
v.Coordinate with the Nebraska Department of Natural Resources to obtain base flood elevation
information when applicable and required.
vi.Notify adjacent communities and the Nebraska Department of Natural Resources prior to any
alteration or relocation of a watercourse and submit evidence of such notification to the Federal
Emergency Management Agency.
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vii.Assure that maintenance is provided within the altered or relocated portion of the watercourse so
that the flood carrying capacity is not diminished.
viii.Verify, record, and maintain record of the actual elevation (in relation to mean sea level) of the
lowest floor, including basement, of all new or substantially improved structures in the
floodplain.
ix.Verify, record, and maintain record of the actual elevation (in relation to mean sea level) to which
all new or substantially improved structures have been floodproofed.
x.Verify, record, and maintain record of all improved or damaged structures to ensure compliance
with standards in applicable sections. Track value of improvements and market value with
permits. Also, ensure consistent market value estimations to evaluate against damaged or
improved values.
xi.Ensure comprehensive development plan as amended is consistent with this ordinance.
xii.In the event the floodplain administrator discovers work done that does not comply with
applicable laws or ordinances, the floodplain administrator shall revoke the permit and work to
correct any possible violation in accordance with this ordinance.
8.04.04 APPLICATION FOR PERMIT AND DEMONSTRATION OF COMPLIANCE
A.To obtain a floodplain development permit, the applicant shall first file an application in writing on a form
furnished for that purpose. Every such application shall:
i.Identify and describe the proposed development and estimated cost to be covered by the
floodplain development permit.
ii.Describe the land on which the proposed development is to be done by lot, block, tract, and house
and streets address, or similar description that will readily identify and definitely locate the
proposed building or development.
iii.Indicate the use or occupancy for which the proposed development is intended.
iv.Be accompanied by plans and specifications for proposed construction.
v.Be signed by the permittee and authorized agent who may be required to submit evidence to
indicate such authority.
B.If any proposed development is located entirely or partially within a floodplain, applicants shall provide all
information in sufficient detail and clarity to enable the floodplain administrator to determine that:
i.All such proposals are consistent with the need to minimize flood damage;
ii.All utilities and facilities such as sewer, gas, water, electrical, and other systems are located and
constructed to minimize or eliminate flood damage;
iii.Structures will be anchored to prevent flotation, collapse, or lateral movement;
iv.Construction materials are flood resistant;
v.Appropriate practices to minimize flood damage have been utilized; and
vi.Electrical, heating, ventilation, air conditioning, plumbing, and any other service facilities have
been designed and located to prevent entry of floodwaters.
C.For all new and substantially improved structures, an elevation certificate based upon the finished
construction certifying the elevation of the lowest floor, including basement, and other relevant building
components shall be provided to the floodplain administrator and be completed by a licensed surveyor,
engineer, or architect.
D.When floodproofing is utilized for an applicable structure, a floodproofing certificate shall be provided to
the floodplain administrator and be completed by a licensed professional engineer or architect.
E.Any other such information as reasonably may be required by the floodplain administrator shall be
provided.
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F. Letters of Map Revision: Federal regulations in Title 44 of the Code of Federal Regulations, Chapter 1,
Part 65.5 and 65.6 allow for changes to the special flood hazard area through a Letter of Map Revision
(LOMR) or a Letter of Map Revision Based on Fill (LOMR-F), provided the community determines that
the land and any existing or proposed structures that would be removed from the floodplain are
“reasonably safe from flooding.” The community acknowledgement form asserting this is required for
LOMR and LOMR-F applications and must be signed by the floodplain administrator. The floodplain
administrator shall not sign a community acknowledgement form unless all criteria set forth in the
following paragraphs are met:
i.Applicant shall obtain floodplain development permit before applying for a LOMR or LOMR-F.
ii.Applicant shall demonstrate that the property and any existing or proposed structures will be
“reasonably safe from flooding,” according to the minimum design standards in FEMA Technical
Bulletin 10-01.
iii.All requirements listed in the Simplified Approach in FEMA Technical Bulletin 10-01 shall be
met and documentation from a registered professional engineer shall be provided. If all of these
requirements are not met, applicant must provide documentation in line with the Engineered
Approach outlined in FEMA Technical Bulletin 10-01.]
8.04.05 FLOOD DATA REQUIRED
A.All Zone A areas on the FIRM are subject to inundation of the base flood; however, the base flood
elevations are not provided. Zone A areas shall be subject to all development provisions of this ordinance.
If Flood Insurance Study data is not available, the community shall utilize any base flood elevation or
floodway data currently available from federal, state, or other sources, including from a study
commissioned by the applicant pursuant to best technical practices.
B.Until a floodway has been designated, no development or substantial improvement may be permitted
within the floodplain unless the applicant has demonstrated that the proposed development or substantial
improvement, when combined with all other existing and reasonably anticipated developments or
substantial improvements, will not increase the water surface elevation of the base flood more than one (1)
foot at any location as shown in the Flood Insurance Study or on base flood elevation determinations.
8.04.06 VARIANCE AND APPEALS PROCEDURES
A.The Zoning Board of Adjustment as established by Doniphan shall hear and decide appeals and requests
for variances from the requirements of this ordinance.
B.The Zoning Board of Adjustment shall hear and decide appeals when it is alleged that there is an error in
any requirement, decision, or determination made by the floodplain administration the enforcement or
administration of this ordinance.
C.Any person aggrieved by the decision of the Zoning Board of Adjustment or any taxpayer may appeal
such decision to the District Court as provided in Nebraska Revised Statutes Section 23-168 (for counties)
and Nebraska Revised Statutes Section 19-192 (for municipalities).
D.In evaluating such appeals and requests, the Zoning Board of Adjustment shall consider technical
evaluation, all relevant factors, standards specified in other sections of this ordinance, and:
i.The danger to life and property due to flooding or erosion damage;
ii.The danger that materials may be swept onto other lands to the injury of others;
iii.The susceptibility of the proposed facility and its contents to flood damage and the effect of such
damage on the individual owner, future owners, and neighboring properties;
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iv.The importance of the services provided by the proposed facility to the community;
v.The necessity of the facility to have a waterfront location, where applicable;
vi.The availability of alternative locations that are not subject to flooding or erosion damage for the
proposed use;
vii.The compatibility of the proposed use with existing and anticipated development;
viii.The relationship of the proposed use to the comprehensive plan and the floodplain management
program for that area;
ix.The safety of access to the property in times of flood for ordinary and emergency vehicles;
x.The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters
and the effects of wave action, if applicable, expected at the site; and,
xi.The costs of providing government services during and after flood conditions including
emergency management services and maintenance and repair of public utilities and facilities such
as sewer, gas, electrical, water systems, streets, and bridges.
8.040.7 CONDITIONS FOR VARIANCES
A.Variances shall only be issued upon a showing of good and sufficient cause and also upon a determination
that failure to grant the variance would result in an exceptional hardship to the applicant.
B.Variances shall only be issued based upon a determination that the granting of a variance will not result in
increased flood heights.
C.Variances shall only be issued based upon a determination that the granting of a variance will not result in
additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or
victimization of the public, or conflict with existing local laws or ordinances.
D.Generally, variances may be issued for new construction and substantial improvements to be erected on a
lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed
below the base flood level, providing items E-H below have been fully considered. As the lot size
increases beyond one-half acre, the technical justification required for issuing the variance increases.
E.Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the
proposed repair or rehabilitation will not preclude the structure’s continued designation as an historic
structure on the National Register of Historic Places and the variance is the minimum necessary to
preserve the historic character and design of the structure.
F.Variances shall only be issued upon a determination that the variance in the minimum necessary,
considering the flood hazard, to afford relief.
G.The applicant shall be given a written notice over the signature of a community that the issuance of a
variance to construct a structure below the base flood elevation will result in increased premium rates for
flood insurance up to amounts as high as $25 for $100 of insurance coverage and also that such
construction below the base flood elevation increases risks to life and property. Such notification shall be
maintained with the record of all variance actions as required by this ordinance.
H.All requests for variances and associated actions and documents, including justification for their issuance,
shall be maintained by the community.
8.04.08 ENFORCEMENT
A.Violations
Failure to obtain a floodplain development permit or the failure of a structure or other development to be
fully compliant with the provisions of this ordinance shall constitute a violation. A structure or other
development without a floodplain development permit, elevation certificate, certification by a licensed
professional engineer of compliance with these regulations, or other evidence of compliance is presumed
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to be in violation until such time as documentation is provided.
B.Notices
When the floodplain administrator or other authorized community representative determines, based on
reasonable grounds, that there has been a violation of the provisions of this ordinance, the floodplain
administrator shall give notice of such alleged violation as hereinafter provided. Such notice shall:
i.Be in writing;
ii.Include an explanation of the alleged violation;
iii.Allow a reasonable time for the performance of any remedial act required;
iv.Be served upon the property owner or their agent as the case may require; and
v.Contain an outline of remedial actions that, if taken, will bring the development into compliance
with the provisions of this ordinance.
C.Penalties
i.Violation of the provisions of this ordinance or failure to comply with any of its requirements
(including violations of conditions and safeguards established in connection with grants of
variances or special exceptions) shall constitute a misdemeanor. Any person, firm, corporate, or
other entity that violates this ordinance or fails to comply with any of its requirements shall upon
conviction thereof be fined not more than $100, and in addition, shall pay all costs and expenses
involved in the case. Each day such violation continues shall be considered a separate offense.
ii.The imposition of such fines or penalties for any violation or non-compliance with this ordinance
shall not excuse the violation or non-compliance or allow it to continue. All such violations or
non-compliant actions shall be remedied within an established and reasonable time.
iii.Nothing herein contained shall prevent the Doniphan or other appropriate authority from taking
such other lawful action as is necessary to prevent or remedy any violation.
Section 8.05 Standards for Floodplain Development
8.05.01.General Provisions
A.Alteration or Relocation of a Watercourse
i.A watercourse or drainway shall not be altered or relocated in any way that in the event of a base
flood or more frequent flood will alter the flood carrying characteristics of the watercourse or
drainway to the detriment of upstream, downstream, or adjacent locations.
ii.No alteration or relocation shall be made until all adjacent communities that may be affected by
such action and the Nebraska Department of Natural Resources have been notified and all
applicable permits obtained. Evidence of such notification shall be submitted to the Federal
Emergency Management Agency.
B.Encroachments
i.When proposing to permit any of the following encroachments, the standards in Section 8.05.1
(B) (ii) shall apply:
a.Any development in Zone A without a designated floodway that will cause a rise of
more than one foot in the base flood elevation; or
b.Alteration or relocation of a stream; then
ii.The applicant shall:
a.Apply to FEMA for conditional approval of such action via the Conditional Letter of
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Map Revision process (as per Title 44 of the Code of Federal Regulations, Chapter 1,
Part 65.12) prior to the permit for the encroachments; and
b.Supply the fully approved package to the floodplain administrator including any
required notifications to potentially affected property owners.
8.05.02.Elevation and Floodproofing Requirements
A.Residential Structures
i.In Zone A, all new construction and substantial improvements shall have the lowest floor,
including basement, elevated to or above one (1) foot above the base flood elevation.
B.Nonresidential Structures
i.In Zone A, all new construction and substantial improvements shall have the lowest floor,
including basement, elevated to or above one (1) foot above the base flood elevation or, together
with attendant utility and sanitary facilities, floodproofed so that below one (1) foot above the
base flood elevation:
a.The structure is watertight with walls substantially impermeable to the passage of water
and
b.The structure has structural components with the capability of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy.
A registered professional engineer or architect shall certify that the standards of this subsection
are satisfied. A floodproofing certificate shall be provided to the floodplain administrator as set
forth in Section 4.
C.Space Below Lowest Floor
i.Fully enclosed areas below the lowest floor (excluding basements) and below the base flood
elevation shall be used solely for the parking of vehicles, building access, or limited storage of
readily removable items.
ii.Fully enclosed areas below the lowest floor (excluding basements) and below the base flood
elevation shall be designed to automatically equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either
be certified by a registered professional engineer or architect or meet or exceed the following
minimum criteria:
a.A minimum or two openings having a net total area of not less than one (1) square inch
for every one (1) square foot of enclosed space,
b.The bottom of all openings shall not be higher than one (1) foot above grade, and
c.Openings may be equipped with screens, louvers, valves, or other coverings or devices
provided that they allow the automatic entry and exit of floodwaters.
D. Appurtenant Structures
i.Structures accessory to a principal building may have the lowest floor below one foot above base
flood elevation provided that the structure complies with the following requirements:
a.The structure shall not be used for human habitation.
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b.The use of the structure must be limited to parking of vehicles or storage of items
readily removable in the event of a flood warning.
c.The floor area shall not exceed 800 square feet.
d.The structure shall have a low damage potential.
e.The structure must be adequately anchored to prevent flotation, collapse, or other lateral
movement.
f.The structure shall be designed to automatically provide for the entry and exit of
floodwaters for the purpose of equalizing hydrostatic forces. Designs for meeting this
requirement must either be certified by a registered professional engineer or architect
or meet or exceed the following minimum criteria:
1.A minimum of two openings having a net area of not less than one (1) square
inch for every one (1) square foot of enclosed space,
2.The bottom of all openings shall not be higher than one (1) foot above grade,
and
3.Openings may be equipped with screens, louvers, valves, or other coverings or
devices provided that they allow the automatic entry and exit of floodwaters.
g.No utilities shall be installed except electrical fixtures in the structure, which must be
elevated or floodproofed to one (1) foot above base flood elevation.
h.The structure shall be constructed and placed on the building site so as to offer the
minimum resistance to the flow of floodwaters.
i.If the structure is converted to another use, it must be brought into full compliance with
the minimum standards governing such use.
E.Manufactured Homes
[
i.Require that all manufactured homes to be placed or substantially improved within floodplains on
sites:
a.Outside of a manufactured home park or subdivision,
b.In a new manufactured home park or subdivision,
c.In an expansion to an existing manufactured home park or subdivision, or
d.In an existing manufactured home park or subdivision on which a manufactured home
as incurred substantial damage as the result of a flood,
Be elevated on a permanent foundation such that the lowest floor of the manufactured home is at
or above one (1) foot [above the base flood elevation and be securely anchored to an adequately
anchored foundation system in accordance with the provisions of this Section.
ii.Require that manufactured homes to be placed or substantially improved on sites in an existing
manufactured home park or subdivision within special flood hazard areas that are not subject to
the provisions of Section 5.2 (F) (i) be elevated so that either;
a.The lowest floor of the manufactured home is at or above one (1) foot above the base
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flood elevation, or
b.The manufactured home chassis is supported by reinforced piers or other foundation
elements of at least equivalent strength that are no less than 36 inches in height above
grade; and be securely anchored to an adequately anchored foundation system in
accordance with the provisions of Section 5.2 (F) (iv).
iii.New manufactured home parks of five (5) acres or fifty (50) lots, whichever is less, shall follow
the standards of Section 5.3 (H).
iv.All manufactured homes shall be anchored to resist flotation, collapse, or lateral movement.
Manufactured homes must be anchored in accordance with local building codes or FEMA
guidelines. In the event that over-the-top ties to ground anchors are used, the following specific
requirements (or their equivalent) shall be met:
a.Over-the-top ties be provided at each of the four corners of the manufactured home, with
two additional ties per side at intermediate locations and manufactured homes less
than 50 feet long requiring one additional tie per side;
b.Frame ties be provided at each corner of the manufactured home with five additional
ties per side at intermediate points and manufactured homes less than 50 feet long
requiring four additional ties per side;
c.Any additions to the manufactured home be similarly anchored.
F.Existing Structures
i.The provisions of this ordinance do not require any changes or improvements to be made to
lawfully existing structures. However, when an improvement is made to a structure in the
floodplain, a floodplain development permit is required and the provisions of 5.2 (G) (ii-iii) shall
apply.
ii.Any addition, alteration, reconstruction, or improvement of any kind to an existing structure
where the costs of which would equal or exceed fifty (50) percent of the pre-improvement market
value shall constitute a substantial improvement and shall fully comply with the provisions of this
ordinance.
iii.Any addition, alteration, reconstruction, or improvement of any kind to an existing structure that
will change the compliance requirements of the building shall require applicable documentation
including an elevation certificate, floodproofing certificate, or no rise certification.
8.05.03.Design and Construction Standards
A.Anchoring
i.All buildings or structures shall be firmly anchored to prevent flotation, collapse, or lateral
movement of the structure resulting from hydrodynamic and hydrostatic loads, including the
effects of buoyancy.
B.Building Materials and Utilities
i.All buildings or structures shall be constructed with materials and utility equipment resistant to
flood damage. All buildings or structures shall also be constructed by methods and practices that
minimize flood and flood-related damages.
ii.All buildings or structures shall be constructed with electrical, heating, ventilation, plumbing, air
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conditioning equipment, and other service facilities that are designed and/or located so as to
prevent water from entering or accumulating within the components during conditions of
flooding.
C.Drainage
i.Within Zones AO and AH, adequate drainage paths around structures on slopes shall be required
in order to guide floodwaters around and away from proposed structures.
D.Water Supply and Sanitary Sewer Systems
i.All new or replacement water supply and sanitary sewer systems shall be located, designed, and
constructed to minimize or eliminate flood damages to such systems and the infiltration of
floodwaters into the systems.
ii.All new or replacement sanitary sewage systems shall be designed to minimize or eliminate
discharge from the system into floodwaters.
iii.On-site waste disposal systems shall be located and designed to avoid impairment to them or
contamination from them during flooding.
E.Other Utilities
i.All other utilities such as gas lines, electrical, telephone, and other utilities shall be located and
constructed to minimize or eliminate flood damage to such utilities and facilities.
F.Storage of Materials
i.The storage or processing of materials that are in time of flooding buoyant, flammable, explosive,
or could be injurious to human, animal, or plant life is prohibited.
ii.The storage of other material or equipment may be allowed if not subject to major damage by
floods and firmly anchored to prevent flotation or if readily removable from the area within the
time available after flood warning.
G.Recreational Vehicles
i.Recreational vehicles to be placed on sites within the floodplain shall:
a.Be on site for fewer than 180 consecutive days; and
b.Be fully licensed and ready for highway use, which shall mean it is on its wheels or
jacking system, is attached to the site by only quick-disconnect type utilities and
security devices, and no permanently attached additions; or
c.Meet the permit requirements and the elevation and anchoring requirements for
manufactured homes of this ordinance.
H.Subdivisions
i.Subdivision proposals and other proposed new development, including manufactured home parks
or subdivisions, shall require assurance that:
a.All such proposals are consistent with the need to minimize flood damage;
b.All public utilities and facilities such as sewer, gas, electrical, and water systems are
located, elevated, and constructed to minimize or eliminate flood damage;
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c.Adequate drainage is provided so as to reduce exposure to flood hazards; and
d.Proposals for development (including proposals for manufactured home parks and
subdivisions) of five (5) acres or fifty (50) lots, whichever is less, where base flood
elevation data are not available, shall be supported by hydrologic and hydraulic
analyses that determine base flood elevations and floodway information. The analyses
shall be prepared by a licensed professional engineer in a format required by FEMA
for Conditional Letters of Map Revision and a Letters of Map Revision.
Section 8.06: Nonconforming Use
A.A structure or use of a structure or premises that was lawful before the passage or amendment of
this ordinance, but that is not in conformity with the provisions of this ordinance may be continued subject
to the following conditions:
i.If such use is discontinued for twelve consecutive months, any future use of the building
premises shall conform to this ordinance.
ii.Uses or adjuncts thereof that are or become nuisances shall not be entitled to continue as
nonconforming uses.
B.If any nonconforming use or structure is destroyed by any means, including flood, it shall not be
reconstructed if the cost is more than 50% of the market value of the structure before the damage occurred
except that if it is reconstructed in conformity with the provisions of this ordinance. This limitation does
not include the cost of any alteration to comply with existing state or local health, sanitary, or safety code
or regulations or the cost of any alteration of a structure listed on the National Register of Historic Places,
provided that the alteration shall not preclude its continued designation.
Section 8.07: Amendments
A.The regulations, restrictions, and boundaries set forth in this ordinance may from time to time be amended,
supplemented, changed, or appealed to reflect any and all changes in federal, state, or local regulations
provided, however, that no such action may be take until after a public hearing in relation thereto, at which
citizens and parties in interest shall have an opportunity to be heard. Notice of the time and place of such
hearing shall be published in a newspaper of general circulation in Doniphan. At least 10 days shall elapse
between the date of this publication and the public hearing.
B.A copy of such amendments will be provided to the Nebraska Department of Natural Resources and the
Federal Emergency Management Agency for review and approval before being adopted.
Section 8.08: Definitions
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them
the meaning they have in common usage and to give this ordinance it’s most reasonable application:
[
Area of Shallow Flooding means a designated AO or AH zone on a community's Flood Insurance Rate Map
(FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a
clearly defined channel is unpredictable and where velocity flow may be evident. Such flooding is characterized by
ponding or sheet flow.
Base Flood means the flood having one (1) percent chance of being equaled or exceeded in any given year.
Base Flood Elevation means the elevation to which floodwaters are expected to rise during the base flood.
Basement means any area of the building having its floor subgrade (below ground level) on all sides.
Building means “structure.” See definition for “structure.”
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Development means any man-made change to improved or unimproved real estate, including but not limited to the
construction, reconstruction, renovation, repair, expansion or alteration of buildings or other structures; the
placement of manufactured homes; streets and other paving; utilities; filling, grading, and excavation; mining;
dredging; drilling operations; storage of equipment or materials; or obstructions.
Drainway means “watercourse.” See definition for “watercourse.”
Existing Manufactured Home Park or Subdivision means a manufactured home park or subdivision for which the
construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a
minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is complete before the effective date of the floodplain management regulations adopted by a
community.
Expansion to an Existing Manufactured Home Park or Subdivision means the preparation of additional sites by
the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the
installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
Flood or Flooding means a general and temporary condition of partial or complete inundation of normally dry land
areas.
Flood Fringe is that area of the floodplain, outside of the floodway, that has a one percent chance of flood
occurrence in any one year.
Flood Insurance Rate Map (FIRM) means an official map of a community, on which the Flood Insurance Study
has delineated the special flood hazard area boundaries and the risk premium zones applicable to the community.
Flood Insurance Study (FIS) is the official report provided by the Federal Emergency Management Agency. The
report contains flood profiles, as well as the Flood Insurance Rate Map and the water surface elevation of the base
flood.
Floodplain means any land area susceptible to being inundated by water from any source (see definition of
"flooding"). Floodplain includes flood fringe and floodway. Floodplain and special flood hazard area are the same
for use by this ordinance.
Floodproofing means any combination of structural and nonstructural additions, changes, or adjustments to
structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary
facilities, and structures and their contents.
Floodway or Regulatory Floodway means the channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than one foot.
Freeboard means a factor of safety usually expressed in feet above a flood level for purposes of floodplain
management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights
greater than the height calculated for a selected size flood and floodway conditions, such as wave action, clogged
bridge openings, and the hydrological effect of urbanization of the watershed.
Highest Adjacent Grade means the highest natural elevation of the ground surface prior to construction next to the
proposed walls of a structure.
Historic Structure means any structure that is: (a) Listed individually in the National Register of Historic Places (a
listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National Register; (b) Certified or preliminarily determined
by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a
district preliminarily determined by the Secretary to qualify as a registered historic district; (c) Individually listed
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on a state inventory of historic places in states with historic preservation programs which have been approved by
the Secretary of the Interior; or (d) Individually listed on a local inventory of historic places in communities with
historic preservation programs that have been certified either: (1) By an approved state program as determined by
the Secretary of the Interior or (2) Directly by the Secretary of the Interior in states without approved programs.
Lowest Floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-
resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a
basement area, is not considered a building's lowest floor, provided that such enclosure is not built or modified so
as to render the structure in violation of the applicable non-elevation design requirements of this ordinance.
Manufactured Home means a structure, transportable in one or more sections, which is built on a permanent
chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The
term "manufactured home" does not include a "recreational vehicle".
Manufactured Home Park or Subdivision means a parcel (or contiguous parcels) of land divided into two or more
manufactured home lots for rent or sale.
New Construction for floodplain management purposes, "new construction" means structures for which the "start
of construction” commenced on or after the effective date of the floodplain management regulation adopted by a
community and includes any subsequent improvements to such structures.
New Manufactured Home Park or Subdivision means a manufactured home park or subdivision for which the
construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a
minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a
community.
Obstruction means any wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation (including the
alteration or relocation of a watercourse or drainway), channel rectification, bridge, conduit, culvert, building,
stored equipment or material, wire, fence, rock, gravel, refuse, fill, or other analogous structure or matter which
may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris
carried by such water, or that is placed where the natural flow of the water would carry such structure or matter
downstream to the damage or detriment of either life or property. Dams designed to store or divert water are not
obstructions if permission for the construction thereof is obtained from the Department of Natural Resources
pursuant to the Safety of Dams and Reservoirs Act (Nebraska Revised Statutes 46-1601 to 46-1670 as amended).
Overlay District is a district in which additional requirements act in conjunction with the underlying zoning
district(s). The original zoning district designation does not change.
Post-FIRM Structure means a building that was constructed or substantially improved after December 31, 1974 or
on or after the community’s initial Flood Insurance Rate Map dated August 1, 1978, whichever is later.
Pre-FIRM Structure means a building that was constructed or substantially improved on or before December 31,
1974 or before the community’s initial Flood Insurance Rate Map dated August 1, 1978, whichever is later.
Principally Above Ground means that at least 51 percent of the actual cash value of the structure is above ground.
Recreational Vehicle means a vehicle which is (i) built on a single chassis; (ii) 400 square feet or less when
measured at the largest horizontal projections; (iii) designed to be self-propelled or permanently towable by a light
duty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use.
Regulatory Flood Elevation means the base flood elevation (BFE) plus a freeboard factor as specified in this
ordinance.
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Special Flood Hazard Area (SFHA) is the land in the floodplain within a community subject to one percent or
greater chance of flooding in any given year.
Start of Construction means the date the floodplain development permit was issued, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days
of the permit date. “Start of construction” also includes substantial improvement, and means the date the building
permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days of the permit date. The actual start means the first placement
of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles,
the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home
on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling;
nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement,
footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the
property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main
structure. For a substantial improvement, the actual start of construction means the first alteration of any wall,
ceiling, floor, or other structural part of a building, whether or not the alteration affects the external dimensions of
the building.
Structure means a walled and roofed building that is principally above ground, as well as a manufactured home and
a gas or liquid storage tank that is principally above ground.
Subdivision means the division or re-division of a lot, tract, or parcel of land by any means into two or more lots,
tracts, parcels, or other divisions of land including changes in existing lot lines for the purpose, whether immediate
or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership, or building or
lot development.
Substantial Damage means damage of any origin sustained by a structure whereby the cost of restoring the
structure to its before-damage condition would equal or exceed 50 percent of the market value of the structure
before the damage occurred. Substantial Improvement means any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure
before "start of construction" of the improvement. This includes structures which have incurred "substantial
damage," regardless of the actual repair work performed. The term does not, however, include either (1) any project
for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code
specifications which have been identified by the local code enforcement official and which are the minimum
necessary to assure safe living conditions, or (2) any alteration of a "historic structure," provided that the alteration
will not preclude the structure's continued designation as a "historic structure."
Variance is a grant of relief to an applicant from the requirements of this ordinance that allows construction in a
manner otherwise prohibited by this ordinance where specific enforcement would result in unnecessary hardship.
Violation means a failure of a structure or other development to be fully compliant with the community’s
floodplain management regulations. A structure or other development without the Elevation Certificate, other
certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such
time as that documentation is provided.
Watercourse means any depression two feet or more below the surrounding land that serves to give direction to a
current of water at least nine months of the year and that has a bed and well-defined banks.
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ARTICLE 9:BOARD OF ADJUSTMENT
DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 READOPTED JANUARY 2021 119
ARTICLE 9:ZONING BOARD OF ADJUSTMENT
Section 9.01. Establishment
The Hall County Board of AdjustmentDoniphan Village Board, as appointed by the Hall County Board of
Supervisors, shall serve as the Zoning Board of Adjustment for the Village.
Section 9.02. Rules
The board of adjustment shall adopt rules necessary for the conduct of its affairs and in keeping with the provisions
of this chapter.
Section 9.03. Meetings
Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine.
Such chairman, or in his or her absence the acting chairman, may administer oaths and compel the attendance of
witnesses. All meetings of the board shall be open to the public.
Section 9.04. Minutes
The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent
or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of
which shall be immediately filed in the office of the board and shall be a public record.
Section 9.05. Appeal
Appeals to the board may be taken by any person aggrieved by any officer, department, board, or bureau of the
Village affected by any decision of an administrative officer, provided, such appeal shall be taken within ten days
after the decision of the administrative officer, by filing with the office from whom the appeal is taken, and with the
clerk of the board, written notice of appeal specifying the grounds thereof. The officer from whom the appeal is
taken shall forthwith transmit to the board all papers constituting the record upon which the action appealed from
was taken.
Section 9.06. Notice
The board shall fix a reasonable time for hearing of the appeal, give public notice thereof in a newspaper of general
circulation in the Village one time at least ten days prior to such hearing, as well as due notice to the parties in
interest, and decide the same within a reasonable time. The hearing shall be public and any party may appear in
person, by agent, or by attorney.
Section 9.07. Fees
Prior to the filing of the appeal with the clerk of the board and the administrative officer from whose decision the
appeal is requested, the appellant shall pay to the village treasurer a processing fee, as provided by a fee schedule
approved by the Village Board, which shall not be refundable.
Section 9.08. Powers and Limitations
The board of adjustment shall, subject to appropriate conditions and safeguards as may be established by Village
Board, have the following powers:
9.08.01.To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or
determination made by an administrative official or agency based on or made in the enforcement of any
zoning regulation or any regulation relating to the location or soundness of structures.
9.08.02.To hear and decide, in accordance with the provisions of any zoning regulation, requests for interpretation
of any map, or for decisions upon other special questions upon which the board is authorized by any such
regulation to pass.
9.08.03.Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the
time of the enactment of the zoning regulations, or by reason of exceptional topographic conditions or
other extraordinary and exceptional situation or condition of such piece of property, the strict application
of any enacted regulation under this ordinance would result in peculiar and exceptional practical
difficulties to, or exceptional and undue hardships upon the owner of such property, to authorize, upon an
appeal relating to the property, a variance from such strict application so as to relieve such difficulties or
hardship, if such relief may be granted without substantial detriment to the public good and without
substantially impairing the intent and purpose of this code or any ordinance or resolution. No such
variance shall be authorized by the board unless it finds that:
1 The strict application of the zoning regulations would produce undue hardship;
2 Such hardship is not shared generally by other properties in the same zoning district and the same
vicinity;
3 The authorization of such variance will not be of substantial detriment to adjacent property and
the character of the district will not be changed by the granting of variance; and
4 The granting of such variance is based upon reason of demonstrable and exceptional hardship as
distinguished from variations for purposes of convenience, profit, or caprice.
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ARTICLE 9:BOARD OF ADJUSTMENT
DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 READOPTED JANUARY 2021 120
No variance shall be authorized unless the board finds that the condition or situation of the property concerned or
the intended use of the property is not of so general or recurring a nature as to make reasonably practicable the
formulation of a general regulation to be adopted as an amendment to the zoning regulations.
Section 9.09. Action and Vote Required
In exercising the above-mentioned powers, the board may reverse or affirm, wholly or partly, or may modify the
order, requirement, decision, or determination appealed from, and may make such order, requirement, decision, or
determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is
taken. The concurring vote of four members of the board shall be necessary to reverse any order, requirement,
decision, or determination of any such administrative official, or to decide in favor of the applicant on any matter
upon which it is required to pass under any such regulation or to effect any variation in such regulation.
Section 9.10. Appeals to District Court.
Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment may appeal as
provided by Section 19-912, Reissue Revised Statutes of 1943 (in full).
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ARTICLE 10:AMENDMENT
DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 READOPTED JANUARY 2021 121
ARTICLE 10:AMENDMENT
Section 10.01 Amendments
Pursuant to Neb. Rev. Stat. § 19-905 (R.R.S.1997): This Ordinance may, from time to time, be amended,
supplemented, changed, modified, or repealed. In case of a protest against such change, signed by the owners of
twenty percent (20%) or more either of the area of the lots included in such proposed change, or of those
immediately adjacent on the sides and in the rear thereof extending three hundred feet (300’) therefrom, and of
those directly opposite thereto extending three hundred feet (300’) from the street frontage of such opposite lots,
such amendment shall not become effective except by the favorable vote of three-fourths (3/4) of all the members
of the legislative body of such municipality. The provisions of Neb. Rev. Stat. §19-904 relative to public hearings
and official notice shall apply equally to all changes or amendments. In addition to the publication of the notice
therein prescribed, a notice shall be posted in a conspicuous place on or near the property on which action is
pending. Such notice shall not be less than eighteen inches (18”) in height and twenty-four inches (24”) in width
with a white or yellow background and black letters not less than one and one-half inches (1-1/2”) in height. Such
posted notice shall be so placed upon such premises that it is easily visible from the street nearest the same and
shall be so posted at least ten (10) days prior to the date of such hearing. It shall be unlawful for anyone to remove,
mutilate, destroy, or change such posted notice prior to such hearing. Any person so doing shall be deemed guilty
of a misdemeanor, and upon conviction thereof shall be fined not less than fifty dollars ($50) or more than one
hundred dollars ($100). If the record title owners of any lots included in such proposed change be nonresidents of
the municipality, then a written notice of such hearing shall be mailed by certified mail to them addressed to their
last-known addresses at least ten days prior to such hearing. At the option of the legislative body of the
municipality, in place of the posted notice provided above, the owners or occupants of the real estate to be zoned or
rezoned and all real estate located within three hundred feet (300’) of the real estate to be zoned or rezoned may be
personally served with a written notice thereof at least ten (10) days prior to the date of the hearing, if they can be
served with such notice within the county where such real estate is located. Where such notice cannot be served
personally upon such owners or occupants in the county where such real estate is located, a written notice of such
hearing shall be mailed to such owners or occupants addressed to their last-known addresses at least ten (10) days
prior to such hearing. The provisions of this section in reference to notice shall not apply (1) in the event of a
proposed change in such regulations, restrictions, or boundaries throughout the entire area of an existing zoning
district or of such municipality, or (2) in the event additional or different types of zoning districts are proposed,
whether or not such additional or different districts are made applicable to areas, or parts of areas, already within a
zoning district of the City, but only the requirements of Neb. Rev. Stat. § 19-904 shall be applicable.
Section 10.02 Planning Commission Review
No amendment, supplement, change or modification of this Ordinance, including the boundaries of any zoning
district, shall be made by the Village Board without first the consideration by the Regional Planning Commission,
the Commission shall submit in writing its recommendations on each amendment, supplement, change or
modification to the Village Board within forty-five (45) days after receipt thereof. Said recommendations shall
include approval, disapproval, or other suggestions and the reasons thereof, and a discussion of the effect of each
amendment, supplement, change or modification on the Comprehensive Plan. Said recommendations shall be of an
advisory nature only.
In addition, any person or persons seeking such an amendment, supplement, change, or modification of any zoning
district, shall comply with the following:
9.02.01 At the time that application for a change of zoning district or amendment to the zoning text is filed with
the Planning Commission, there shall be deposited the sum set in Section 4.21 as a fee to cover
investigation, legal notices, or other expenses incidental to the determination of such matter.
9.02.02 The forgoing requirements in Section 9.02.02 shall not apply in the case of an extension of an existing,
adjacent and contiguous Industrial District.
Section 10.03 Building Inspector
The provisions of this Ordinance shall be administered and enforced by a Building Inspector appointed by the
Village Board, who shall have the power to make inspection of buildings or premises necessary to carry out his or
her duties in the enforcement of this Ordinance.
Section 10.04 Zoning Permits
The following shall apply to all new construction and all applicable renovations and remodels within Doniphan’s
zoning jurisdiction:
9.04.01 It shall be unlawful to commence for the construction of any building, or any accessory buildings, or to
commence the moving or alteration of any buildings, including accessory buildings, until the Building
Inspector has issued a zoning permit for such work.
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ARTICLE 10:AMENDMENT
DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 READOPTED JANUARY 2021 122
9.04.02 Issuance of a zoning permit. In applying to the Building Inspector for a zoning permit, the applicant
shall submit a dimensioned sketch or a scale plan indicating the shape, size and height and location of
all buildings to be erected, altered or moved and of any building already on the lot. Applicant shall also
state the existing and intended use of all such buildings, and supply such other information as may be
required by the Building Inspectorf or determining whether the provisions of this Ordinance are being
observed. If the proposed excavation or construction as set forth in the application are in conformity
with the provisions of this Ordinance, the Building Inspector shall issue a zoning permit for such
excavation or construction. If a zoning permit is refused, the Building Inspector shall state such refusal
in writing, with the cause, and shall immediately thereupon mail notice of such refusal to the applicant
at the address indicated upon the application. The Building Inspector shall grant or deny the permit
within a reasonable time from the date the application is submitted. The issuance of a permit shall, in no
case, be construed as waiving any provisions of this Ordinance. A zoning permit shall become void
twelve (12) months from the date of issuance unless substantial progress has been made by that date on
the project described therein.
Section 10.05 Certificate of Occupancy
No land or building or part thereof hereafter erected or altered in its use or structure shall be used until the Building
Inspector shall have issued a certificate of occupancy stating that such land, building or part thereof, and the
proposed use thereof, are found to be in conformity with the provisions of this Ordinance. Within a reasonable
time after notification that a building or premises is ready for occupancy or use, it shall be the duty of the Building
Inspector to make a final inspection thereof and to issue a certificate of occupancy if the land, building, or part
thereof and the proposed use thereof are found to conform with the provisions of this Ordinance, or, if such
certification is refused, to state refusal in writing, with the cause, and immediately thereupon mail notice of such
refusal to the applicant at the address indicated upon the application.
Section 10.06 Penalties
Pursuant to Neb. Rev. Stat. §19-913 (R.R.S.1997), the owner or agent of a building or premises in or upon which a
violation of any provisions of this Ordinance has been committed or shall exist or lessee or tenant of an entire
building or entire premises in or upon which violation has been committed or shall exist, or the agent, architect,
building contractor or any other person who commits, takes part or assists in any violation or who maintains any
building or premises in or upon which such violation shall exist, shall be guilty of a misdemeanor and shall be
punished by a fine not to exceed one hundred dollars ($100) for any one (1) offense. Each day of non-compliance
with the terms of this Ordinance shall constitute a separate offense. Nothing herein contained shall prevent the City
from taking such other lawful action as is necessary to prevent or remedy any violation. However, nothing shall
deprive the citizen of his or her rights under the U.S. Constitution of a jury trial.
Section 10.07 Remedies
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained,
or any building, structure, or land is used in violation of Neb. Rev. Stat. §§ 19-901 to 19-914 (R.R.S.1997), or this
Ordinance, or any regulation made pursuant to said sections, the appropriate authorities of the City may institute
any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance or use, to restrain, correct, or abate such violation, to prevent the occupancy of said
building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises.
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DONIPHAN,NEBRASKA ZONING ORDINANCE 2003 READOPTED JANUARY 2021 123
ARTICLE 11:COMPREHENSIVE PLAN RELATIONSHIP
These zoning ordinances are designed to implement various elements of the comprehensive plan as required by
state statutes. Any amendment to the district ordinances or map shall conform to the comprehensive plan adopted
by the governing body.
ARTICLE 12:LEGAL STATUS PROVISIONS
Section 11.01 Separability
Should any article, section or provision of this Ordinance be declared by the courts to be unconstitutional or invalid,
such decision shall not affect the validity of this Ordinance as a whole, or any part thereof other than the part so
declared to be unconstitutional or invalid.
Section 11.02 Purpose of Catch Heads
The catch heads appearing in connection with the foregoing sections are inserted simply for convenience, to serve
the purpose of any index and they shall be wholly disregarded by any person, officer, court or other tribunal in
construing the terms and provisions of this Ordinance.
Section 11.03 Repeal of Conflicting Ordinances
All ordinances or parts of ordinances in conflict with this Ordinance, or inconsistent with the provisions of this
Ordinance, are hereby repealed to the extent necessary to give this Ordinance full force and effect.
Section 11.04 Effective Date
This ordinance shall be in force from and after its passage and publication according to law beginning on the first
day of February 1, 2021.
Adopted and Approved by the Governing Body of Doniphan, Nebraska
This ______ of ______________2021
(Seal)
_________________________________________
Chair, Village Board
ATTEST:__________________________________________
Village Clerk
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ZONING ORDINANCE
PREPARED FOR THE
VILLAGE OF DONIPHAN
HALL COUNTY,NEBRASKA
ORDINANCE #???
ADOPTED BY THE VILLAGE OF DONIPHAN,NEBRASKA
JANUARY ?,2021
Grand Island Regular Meeting - 1/6/2021 Page 161 / 191
Hall County Regional Planning
Commission
Wednesday, January 6, 2021
Regular Meeting
Item F4
Public Hearing - Zoning Change - Station 31
Staff Contact:
Grand Island Regular Meeting - 1/6/2021 Page 162 / 191
Agenda Item # 5
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION:
December 15 2020
SUBJECT:Zoning Change (C-06-2021GI)
PROPOSAL: This application is requesting a rezoning of approximately 33 acres of land south
of Wildwood Drive and east of U.S. Highway 281. This is property located on the corner of U.S.
Highway 281 and Wildwood Drive is zoned B-2 General Business & TA: Transitional Agriculture
Zone. The property is located within the Grand Island City limits and a request has been made
by the owners for rezoning.This rezoning will make the zoning on this lot consistent with the lot
boundaries.
OVERVIEW:
Site Analysis
Current zoning designation: B-2 General Business Zone
TA: Transitional Agriculture Zone
Intent of zoning district B-2:The intent of this zoning district is to provide for the
service, retail and wholesale needs of the general
community. This zoning district will contain uses that have
users and traffic from all areas of the community and trade
areas, and therefore will have close proximity to the major
traffic corridors of the City. Residential uses are permitted
at the density of the (R-4) High Density Residential Zoning
District.
TA:The intent of this zoning district is to provide for a
transition from rural to urban uses, and is generally located
on the fringe of the urban area. This zoning district permits
both farm and non-farm dwellings as well as other open
space and recreational activities. The intent of the zoning
district also would allow the limited raising livestock within
certain density requirements.
Permitted and conditional uses: B2:Residential uses at a density of up to 43 units per
acre, a variety of commercial, retail, office and service
uses.
TA: Agricultural uses, recreational uses and residential
uses at a density at a density of 1 unit per 20 acres.
Limited animal agriculture
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Existing land uses. Undeveloped property Previously Lewis Greenscape, a
single family home and farm ground.
Proposed Zoning Designation ME- Industrial Estates Zone
Intent of zoning district: The intent of this zoning district is to provide for a variety of
manufacturing, truck, trailer, and truck/trailer parts retailing,
truck, trailer, and truck/trailer parts wholesaling,
warehousing, administrative and research uses within an
area of comparatively high visibility and having quality
standards to promote an industrial park atmosphere.
Permitted and conditional uses: Any industrial/manufacturing use found in the Zoning
Matrix,Administrative offices for the wholesale distribution
of propane,Bus Garaging and Equipment Maintenance,
Truck and Trailer Storage, Motor Freight Terminals,
Gravel, sand or dirt removal, stockpiling, processing or
distribution and batching plant,Commercial Recreational
Vehicle Storage Trade and vocational schools.
Adjacent Properties Analysis
Current zoning designations: North: ME- Industrial Estates Zone, B-2- General
Business Zone,& CD- Commercial Development,
South:TA-Transitional Agriculture Zone,
East:TA-Transitional Agriculture Zone,
West: B-2 General Business Zone
Intent of zoning district: B-2:The intent of this zoning district is to provide for the
service, retail and wholesale needs of the general
community. This zoning district will contain uses that have
users and traffic from all areas of the community and trade
areas, and therefore will have close proximity to the major
traffic corridors of the City. Residential uses are permitted
at the density of the (R-4) High Density Residential Zoning
District.
CD:The intent of this zoning district is to permit a more
flexible regulation of land use so as to more fully
implement comprehensive planning for large parcels of
land proposed for commercial use.
ME: The intent of this zoning district is to provide for a
variety of manufacturing, truck, trailer, and truck/trailer
parts retailing, truck, trailer, and truck/trailer parts
wholesaling, warehousing, administrative and research
uses within an area of comparatively high visibility and
having quality standards to promote an industrial park
atmosphere.
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TA: The intent of this zoning district is to provide for a
transition from rural to urban uses, and is generally located
on the fringe of the urban area. This zoning district permits
both farm and non-farm dwellings as well as other open
space and recreational activities. The intent of the zoning
district also would allow the limited raising livestock within
certain density requirements.
Permitted and conditional uses: B2: Residential uses at a density of up to 43 units per
acre, a variety of commercial, retail, office and service
uses.
CD: Commercial, office and retail uses as permitted and
built according to the approve development plan. R4
Residential uses up to a density of 43 units per acre, along
with a variety of non-profit, recreational and educational
uses.
ME: Industrial Manufacturing, Administrative offices, Trade
schools,Gravel, sand or dirt removal, stockpiling,
processing or distribution and batching plant,Bus
Garaging and Equipment Maintenance.
TA: Agricultural uses, recreational uses and residential
uses at a density at a density of 1 unit per 20 acres.
Limited animal agriculture
Existing land uses: North: Industrial & Commercial
South: Vacant Land
East: Commercial & Vacant Land
West: Commercial
EVALUATION:
All of this property is within the Gateway Corridor Overlay Zone-GCO. The intent of the GCO
zone is to provide quality development appropriate to the entrances of the community from
Interstate 80. As part of that district it is recommended that only the RD Residential
Development, CD-Commercial Development and ME Manufacturing Estates Zones be
considered for undeveloped property within these corridors.
The ME Zone provides for greater landscaping and setbacks from the primary streets in the
hopes of creating a campus effect as people drive into the community.
The Positive Implications:
Consistent with the City of Grand Island’s current zoning regulations.
Accessible to Existing Municipal Infrastructure: City water and sewer services is available to
serve the rezoning area.
Would provide additional jobs to the workforce.
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Consistent with the Future Land Use Plan and requirements of the GCO Gateway Corridor
Overlay.
Monetary Benefit to Applicant: Would allow the applicant to develop the property for
Industrial uses.
Negative Implications:
None foreseen:
Other Considerations
The majority of this property is planned for manufacturing uses on the Future Land Use Map for
the City of Grand Island though it has been used for general business and agricultural uses.
RECOMMENDATION:
That the Regional Planning Commission recommend that the Grand Island City Council
change the zoning on this site from B2: General Business Zone & TA: Transitional Agriculture
Zone to ME: Industrial Estates Zone
___________________ Chad Nabity AICP, Planning Director
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Grand Island Regular Meeting - 1/6/2021 Page 168 / 191
Hall County Regional Planning
Commission
Wednesday, January 6, 2021
Regular Meeting
Item F5
Public Hearing - Highland North Rezoning
Staff Contact:
Grand Island Regular Meeting - 1/6/2021 Page 169 / 191
Agenda Item # 5
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION:
December 28 2020
SUBJECT:Zoning Change (C-09-2021GI)
PROPOSAL: This application is requesting a rezoning of approximately 22 acres of land
located south of Nebraska Highway 2 and west of Independence Avenue. The property is
located within the Grand Island City limits and a request has been made by the owners for
rezoning.
OVERVIEW:
Site Analysis
Current zoning designation: RO: Residential Office Zone
Intent of zoning district RO: To provide the highest density of residential uses as
well as for various office, personal services and
professional uses. This zoning district is also used as a
transitional zone between lower density residential zones
and business or manufacturing zones..
Permitted and conditional uses: RO: Residential uses with no limit on the density except
available parking spaces, office uses, personal services,
assisted living facilities, day cares, and prescription related
retail.
Existing land uses. Undeveloped property
Proposed Zoning Designation B2:General Business Zone
R3: Medium Density Residential Zone
R3-SL: Medium Density-Small Lot Residential Zone
Intent of zoning district: B2: The intent of this zoning district is to provide for the
service, retail and wholesale needs of the general
community. This zoning district will contain uses that have
users and traffic from all areas of the community and trade
areas, and therefore will have close proximity to the major
traffic corridors of the City. Residential uses are permitted
at the density of the (R-4) High Density Residential Zoning
District.
R3: To provide for residential uses at a maximum density
of fourteen to fifteen dwelling units per acre with supporting
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community facilities. This zoning district is sometimes used
as a transitional zone between lower density residential
zones and higher density residential, office, business, or
manufacturing zones.
R3-SL: To provide for residential uses at a maximum
density of fourteen to fifteen dwelling units per acre with
supporting community facilities. This zoning district is
sometimes used as a transitional zone between lower
density residential zones and higher density residential,
office, business, or manufacturing zones. Specifically this
zoned is intended to provide market flexibility regarding lot
size and housing configuration.
Permitted and conditional uses:B2:Residential uses at a density of up to 43 units per
acre, a variety of commercial, retail, office and service
uses.
R-3: Residential uses with a density of 1 unit per 3,000
square feet of property. Minimum lot size of 6,000 square
feet. Churches, schools, parks and some limited non-profit
operations and day care facilities are also allowed as
permitted or conditional uses in this district.
R3-SL: Residential uses with a density of 1 unit per 3,000
square feet of property. Minimum lot size of 3,000 square
feet. Attached Single Family with a density of 1 unit per
2,100 square feet. Churches, schools, parks and some
limited non-profit operations and day care facilities are also
allowed as permitted or conditional uses in this district.
Adjacent Properties Analysis
Current zoning designations: North: AG-2: Secondary Agricultural Zoning District,
South:LLR: Large Lot Residential Zone,
East:RO:Residential Office Zone,
West: TA: Transitional Agriculture Zone
Intent of zoning district: AG-2:The (AG-2) Secondary Agricultural Zoning District
regulations are intended to provide for the preservation of
lands best suited for agricultural uses of all types including
feed lots and the commercial feeding of livestock to
specific limits and accessory uses; to prevent
encroachment of uses of land that could be mutually
incompatible and continue to provide for agricultural uses
as a major asset to the economy of the area of the use and
conservation of agricultural land, to protect the value of
such land, and to protect it from indiscriminate residential
and urban development and other incompatible and
conflicting land uses.
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LLR:The intent of this zoning district is to provide for a
transition from rural to urban uses, and is generally located
on the fringe of the urban area. This zoning district permits
residential dwellings at a maximum density of two dwelling
units per acre, as well as other open space and
recreational activities.
RO: The intent of this zoning district is to provide the
highest density of residential uses as well as for various
office, personal services and professional uses. This
zoning district is also used as a transitional zone between
lower density residential zones and business or
manufacturing zones.
TA: The intent of this zoning district is to provide for a
transition from rural to urban uses, and is generally located
on the fringe of the urban area. This zoning district permits
both farm and non-farm dwellings as well as other open
space and recreational activities. The intent of the zoning
district also would allow the limited raising livestock within
certain density requirements.
Permitted and conditional uses:AG-2: Agricultural operations, residential uses such as
ranch and farm dwellings, recreational camp grounds,
parks, churches, schools, public owned buildings/facilities
and a variety of utility uses.
LLR: Residential uses at a density of 2 dwelling units per
acre, churches, schools, and parks.
RO: Residential uses with no limit on the density except
available parking spaces, office uses, personal services,
assisted living facilities, day cares, and prescription related
retail.
TA: Agricultural uses, recreational uses and residential
uses at a density at a density of 1 unit per 20 acres.
Limited animal agriculture
Existing land uses: North: Residential, Suburban Agriculture, Nebraska Hwy
2, BNSF Railway
South: Residential
East: Vacant Land
West: Vacant Land
EVALUATION:
Positive Implications:
Consistent with the City’s Comprehensive Land Use Plan: The property is designated for
mixed use commercial development generally including medium to high density residential
Grand Island Regular Meeting - 1/6/2021 Page 172 / 191
and general business uses. This piece does back onto existing residential so residential
uses are most appropriate along the southern property line.
Accessible to Existing Municipal Infrastructure: City water and sewer services is available to
serve the rezoning area.
Would provide additional housing: This would provide modernized housing allowing for
more housing choices throughout the community.
Commercial Zoning at the intersection of Independence Avenue and Nebraska Highway 2
would provide for a local commercial node near these neighborhoods allowing for limited
neighborhood commercial services. This intersection is an appropriate place for some
commercial development and this is supported by the future land use map.
Negative Implications:
None foreseen:
Other Considerations
The majority of this property is planned for mixed use commercial development on the Future
Land Use Map for the City of Grand Island. These changes would allow for residential uses to
back onto the existing residential property located to the south of the proposed development
area, protecting current owners from the possibility of commercial uses being developed near
their property.
.
RECOMMENDATION:
That the Regional Planning Commission recommend that the Grand Island City Council
change the zoning on this site from RO: Residential Office Zone to B2: General Business
Zone,R3: Medium Density Residential Zone & R3-SL: Medium Density-Small Lot Residential
Zone
___________________ Chad Nabity AICP, Planning Director
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N89°58'00"W302.77'(M)N00°02'00"E175.24'(M)N72°46'17"W138.00'(M)N17°13'43"E100.00'(M)S72°46'17"E 421.09'(M)S00°48'54"E187.10'(M)440.05'(M)
N00°48'54"W2020-3805PROJECT NO:DRAWN BY:2020.12.17DATE:JMJEXHIBITREZONINGRO TO B23TEL 308.384.8750201 East 2nd StreetGrand Island, NE 68801NORTHEAST CORNERLOT 12, CAPITALHEIGHTS EIGHTH SUBA TRACT OF LAND CONSISTING OF PART OF THE NORTHWESTQUARTER (NW1/4) OF SECTION TWO (2), TOWNSHIP ELEVEN (11)NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., HALL COUNTY,NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:COMMENCING AT THE NORTHEAST CORNER OF LOT 12, CAPITALHEIGHTS EIGHTH SUBDIVISION, IN THE CITY OF GRAND ISLAND,HALL COUNTY NEBRASKA, SAID POINT ALSO BEING ON THE WESTRIGHT-OF-WAY LINE OF INDEPENDENCE AVENUE; THENCE ON ANASSUMED BEARING OF N00°48'54"W, ALONG SAID WESTRIGHT-OF-WAY LINE, A DISTANCE OF 440.05 FEET TO THE POINTOF BEGINNING; THENCE N89°58'00"W A DISTANCE OF 302.77FEET; THENCE N00°02'00"E A DISTANCE OF 175.24 FEET; THENCEN72°46'17"W A DISTANCE OF 138.00 FEET; THENCE N17°13'43"EA DISTANCE OF 100.00 FEET TO A POINT ON THE SOUTHERLYRIGHT-OF-WAY LINE OF NEBRASKA HIGHWAY 2; THENCES72°46'17"E, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, ADISTANCE OF 421.09 FEET TO THE INTERSECTION OF SAIDSOUTHERLY RIGHT-OF-WAY LINE AND SAID WEST RIGHT-OF-WAYLINE OF INDEPENDENCE AVENUE; THENCE S00°48'54"E, ALONGSAID WEST RIGHT-OF-WAY, A DISTANCE OF 187.10 FEET TO THEPOINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATEDAREA OF XX SQUARE FEET OR 2.647 ACRES MORE OR LESS.ZONE B282562.11 S.F./1.895 AC.POBR3-SLR3B2R0R0Grand IslandRegular Meeting - 1/6/2021Page 176 / 191
N89°58'00"W 1301.86'(M)N00°45'20"W
418.54'(M)S89°58'00"E127.30'(M)S00°02'00"W128.50'(M)S89°58'00"E 1176.02'(M)S00°48'54"E290.03'(M)2020-3805PROJECT NO:DRAWN BY:2020.12.17DATE:JMJEXHIBITREZONINGRO TO R31TEL 308.384.8750201 East 2nd StreetGrand Island, NE 68801NORTHEAST CORNERLOT 12, CAPITALHEIGHTS EIGHTH SUBA TRACT OF LAND CONSISTING OF PART OF THE NORTHWESTQUARTER (NW1/4) OF SECTION TWO (2), TOWNSHIP ELEVEN(11) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., HALLCOUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED ASFOLLOWS:COMMENCING AT THE NORTHEAST CORNER OF LOT 12,CAPITAL HEIGHTS EIGHTH SUBDIVISION, IN THE CITY OFGRAND ISLAND, HALL COUNTY NEBRASKA, SAID POINT ALSOBEING ON THE WEST RIGHT-OF-WAY LINE OF INDEPENDENCEAVENUE AND ALSO BEING THE POINT OF BEGINNING; THENCEON AN ASSUMED BEARING OF N89°58'00"W, ALONG THENORTH LINE OF SAID CAPITAL HEIGHTS EIGHTH SUBDIVISION,A DISTANCE OF 1301.86 FEET TO A POINT BEING THENORTHWEST CORNER OF NORTHWEST AVENUE; THENCEN00°45'20"W, ALONG A WEST PROPERTY LINE, A DISTANCE OF418.54 FEET; THENCE S89°58'00"E A DISTANCE OF 127.30FEET; THENCE S00°02'00"W A DISTANCE OF 128.50 FEET;THENCE S89°58'00"E A DISTANCE OF 1176.02 FEET TO A POINTON SAID WEST RIGHT-OF-WAY LINE OF INDEPENDENCEAVENUE; THENCE S00°48'54"E, ALONG SAID WESTRIGHT-OF-WAY LINE, A DISTANCE OF 290.03 FEET TO THEPOINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATEDAREA OF 393739.33 SQUARE FEET OR 9.039 ACRES MORE ORLESS.ZONE R3393739.33 S.F./9.039 AC.POBR3-SLR3B2R0R0Grand IslandRegular Meeting - 1/6/2021Page 177 / 191
N89°58'00"W 1176.02'(M)N00°02'00"E128.50'(M)N89°58'00"W127.30'(M)N00°45'20"W
300.03'(M)S89°58'00"E131.43'(M)N00°02'00"E64.43'(M)R=11.00'Δ=56°33'47"L=10.86'CB=N28°14'54"WCH=10.42'R=62.50'Δ=219°51'10"L=239.82'CB=N53°23'48"ECH=117.52'R=11.00'Δ=56°05'41"L=10.77'CB=S44°43'27"ECH=10.34'S72°46'17"E28.62'(M)N17°13'43"E100.00'(M)S72°46'17"E 644.00'(M)S17°13'43"W100.00'(M)S72°46'17"E 138.00'(M)S00°02'00"W175.24'(M)302.77'(M)S89°58'00"ES00°48'54"E150.02'(M)N00°02'00"E179.83'(M)N89°58'00"W 581.09'(M)S72°46'17"E 608.28'(M)S17°13'43"W250.00'(M)290.03'(M)
N00°48'54"W
N00°48'54"W 627.15'(M)N72°46'17"W 479.46'(M)2020-3805PROJECT NO:DRAWN BY:2020.12.17DATE:JMJEXHIBITREZONINGRO TO R3-SL2TEL 308.384.8750201 East 2nd StreetGrand Island, NE 68801NORTHEAST CORNERLOT 12, CAPITALHEIGHTS EIGHTH SUBA TRACT OF LAND CONSISTING OF PART OF THE NORTHWESTQUARTER (NW1/4) OF SECTION TWO (2), TOWNSHIP ELEVEN(11) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., HALLCOUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:COMMENCING AT THE NORTHEAST CORNER OF LOT 12, CAPITAL HEIGHTS EIGHTHSUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY NEBRASKA, SAIDPOINT ALSO BEING ON THE WEST RIGHT-OF-WAY LINE OF INDEPENDENCEAVENUE; THENCE ON AN ASSUMED BEARING OF N00°48'54"W, ALONG SAIDWEST RIGHT-OF-WAY LINE, A DISTANCE OF 290.03 FEET TO THE POINT OFBEGINNING; THENCE N89°58'00"W A DISTANCE OF 1176.02 FEET; THENCEN00°02'00"E A DISTANCE OF 128.50 FEET; THENCE N89°58'00"W A DISTANCE OF127.30 FEET TO A POINT ON A WEST PROPERTY LINE; THENCE N00°45'20"W,ALONG SAID WEST PROPERTY LINE, A DISTANCE OF 300.03 FEET; THENCES89°58'00"E A DISTANCE OF 131.43 FEET; THENCE N00°02'00"E A DISTANCEOF 64.43 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN ACOUNTER CLOCKWISE DIRECTION, HAVING A DELTA ANGLE OF 56°33'47",HAVING A RADIUS OF 11.00 FEET, AND CHORD BEARING N28°14'54"W ACHORD DISTANCE OF 10.42 FEET TO A CONTINUED POINT OF CURVATURE;THENCE AROUND A CURVE IN A CLOCKWISE DIRECTION, HAVING A DELTAANGLE 219°51'10", HAVING A RADIUS OF 62.50 FEET, AND CHORD BEARINGN53°23'48"E A CHORD DISTANCE OF 117.5164 FEET TO A CONTINUED POINTOF CURVATURE; THENCE AROUND A CURVE IN A COUNTER CLOCKWISEDIRECTION, HAVING A DELTA ANGLE OF 56°05'41", HAVING A RADIUS OF 11.00FEET, AND CHORD BEARING S44°43'27"E A DISTANCE OF 10.34 FEET; THENCES72°46'17"E A DISTANCE OF 28.62 FEET; THENCE N17°13'43"E A DISTANCE OF100.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF NEBRASKA HIGHWAY 2;THENCE S72°46'17"E, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCEOF 644.00 FEET; THENCE S17°13'43"W A DISTANCE OF 100.00 FEET;THENCE S72°46'17"E A DISTANCE OF 138.00 FEET; THENCE S00°02'00"W ADISTANCE OF 175.24 FEET; THENCE S89°58'00"E A DISTANCE OF 302.77 FEET TO APOINT ON SAID WEST RIGHT-OF-WAY LINE OF INDEPENDENCE AVENUE;THENCE S00°48'54"E, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF150.02 FEET TO THE POINT OF BEGINNING.EXCLUDING SAID DESCRIBED TRACT: COMMENCING AT THE NORTHEAST CORNEROF LOT 12, CAPITAL HEIGHTS EIGHTH SUBDIVISION, IN THE CITY OF GRANDISLAND, HALL COUNTY NEBRASKA, SAID POINT ALSO BEING ON THE WESTRIGHT-OF-WAY LINE OF INDEPENDENCE AVENUE; THENCE ON AN ASSUMEDBEARING OF N00°48'54"W, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCEOF 627.15 FEET TO THE INTERSECTION OF SAID WEST RIGHT-OF-WAY LINE ANDTHE SOUTHERLY RIGHT-OF-WAY LINE OF NEBRASKA HIGHWAY 2; THENCEN72°46'17"W, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF479.46 FEET; THENCE S17°13'43"W A DISTANCE OF 250.00 FEET TO THE POINT OFBEGINNING OF SAID EXCLUDING TRACT; THENCE N89°58'00"W A DISTANCE OF581.09 FEET; THENCE N00°02'00"W A DISTANCE OF 179.83 FEET; THENCES72°46'17"E A DISTANCE OF 608.28 FEET TO THE POINT OF BEGINNING. SAIDTRACT CONTAINS A CALCULATED AREA OF 502263.43 SQUARE FEET OR 11.530ACRES MORE OR LESS.ZONE R3-SL502263.43 S.F./11.530 AC.POBR3-SLR3B2R0R0Grand IslandRegular Meeting - 1/6/2021Page 178 / 191
S17°13'43"W 100.00'(M)N72°46'17"W28.62'(M)R=11.00'Δ=56°05'41"L=10.77'CB=N44°43'27"WCH=10.34'R=62.50'Δ=219°51'10"L=239.82'CB=S53°23'48"WCH=117.52'R=11.00'Δ=56°33'47"L=10.86'CB=S28°14'54"ECH=10.42'S00°02'00"W64.43'(M)N89°58'00"W131.43'(M)N00°45'43"W333.66'(M)S73°32'28"E47.88'(M)S00°54'02"E21.33'(M)S72°46'17"E254.72'(M)N89°58'00"W 581.09'(M)N00°02'00"E179.83'(M)S72°46'17"E 608.28'(M)N00°48'54"W 627.15'(M)N72°46'17"W 1065.09'(M)N72°46'17"W 479.46'(M)N17°13'43"E250.00'(M)2020-3805PROJECT NO:DRAWN BY:2020.12.17DATE:JMJEXHIBITZONERO4TEL 308.384.8750201 East 2nd StreetGrand Island, NE 68801NORTHEAST CORNERLOT 12, CAPITALHEIGHTS EIGHTH SUBA TRACT OF LAND CONSISTING OF PART OFTHE NORTHWEST QUARTER (NW1/4) OF SECTIONTWO (2), TOWNSHIP ELEVEN (11) NORTH, RANGETEN (10) WEST OF THE 6TH P.M., HALL COUNTY,NEBRASKA AND MORE PARTICULARLY DESCRIBEDAS FOLLOWS:COMMENCING AT THE NORTHEAST CORNER OF LOT 12,CAPITAL HEIGHTS EIGHTH SUBDIVISION, IN THE CITYOF GRAND ISLAND, HALL COUNTY NEBRASKA, SAIDPOINT ALSO BEING ON THE WEST RIGHT-OF-WAYLINE OF INDEPENDENCE AVENUE; THENCE ON ANASSUMED BEARING OF N00°48'54"W, ALONG SAIDWEST RIGHT-OF-WAY LINE, A DISTANCE OF 627.15 FEETTO THE INTERSECTION OF SAID WEST RIGHT-OF-WAY LINEAND THE SOUTHERLY RIGHT-OF-WAY LINE OF NEBRASKAHIGHWAY 2; THENCE N72°46'17"W, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE,A DISTANCE OF 479.46 FEET; THENCE S17°13'43"W A DISTANCE OF 250.00 FEET TOTHE POINT OF BEGINNING; THENCE CONTINUING S17°13'43"W A DISTANCE OF100.00 FEET; THENCE N72°46'17"W A DISTANCE OF 28.62 FEET TO A POINT OFCURVATURE; THENCE AROUND A CURVE IN A CLOCKWISE DIRECTION, HAVING ADELTA ANGLE OF 56°05'41", HAVING A RADIUS OF 11.00 FEET, AND CHORDBEARING N44°43'27"W A CHORD DISTANCE OF 10.34 FEET TO A POINT OFCONTINUED CURVATURE; THENCE AROUND A CURVE IN A COUNTER CLOCKWISEDIRECTION, HAVING A DELTA ANGLE OF 219°51'10", HAVING A RADIUS OF 62.50FEET, AND CHORD BEARING S53°23'48"W A CHORD DISTANCE OF 117.52 FEET TO APOINT OF CONTINUED CURVATURE; THENCE AROUND A CURVE IN ACLOCKWISE DIRECTION, HAVING A DELTA ANGLE OF 56°33'47", HAVING A RADIUS OF 11.00 FEET, AND CHORD BEARING S28°14'54"E A CHORDDISTANCE OF 10.42 FEET; THENCE S00°02'00"W A DISTANCE OF 64.43 FEET;THENCE N89°58'00"W A DISTANCE OF 131.43 FEET TO A WEST PROPERTYLINE; THENCE N00°45'43"W, ALONG SAID WEST PROPERTY LINE, A DISTANCEOF 333.66 FEET TO SAID SOUTHERLY RIGHT-OF-WAY LINE OF NE HWY 2;THENCE S73°32'28"E, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, ADISTANCE OF 47.88 FEET; THENCE S00°54'02"E, ALONG SAID RIGHT-OF-WAY LINE, ADISTANCE OF 21.33 FEET; THENCE S72°46'17"E, ALONG SAID RIGHT-OF-WAY LINE, ADISTANCE OF 254.72 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS ACALCULATED AREA OF 49422.21 SQUARE FEET OR 1.135 ACRES MORE OR LESS.A TRACT OF LAND CONSISTING OF PART OF THE NORTHWEST QUARTER (NW1/4)OF SECTION TWO (2), TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10) WEST OFTHE 6TH P.M., HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBEDAS FOLLOWS:COMMENCING AT THE NORTHEAST CORNER OF LOT 12, CAPITAL HEIGHTSEIGHTH SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY NEBRASKA,SAID POINT ALSO BEING ON THE WEST RIGHT-OF-WAY LINE OF INDEPENDENCEAVENUE; THENCE ON AN ASSUMED BEARING OF N00°48'54"W, ALONG SAIDWEST RIGHT-OF-WAY LINE, A DISTANCE OF 627.15 FEET TO THE INTERSECTIONOF SAID WEST RIGHT-OF-WAY LINE AND THE SOUTHERLY RIGHT-OF-WAY LINE OFNEBRASKA HIGHWAY 2; THENCE N72°46'17"W, ALONG SAID SOUTHERLYRIGHT-OF-WAY LINE, A DISTANCE OF 479.46 FEET; THENCE S17°13'43"W ADISTANCE OF 250.00 FEET TO THE POINT OF BEGINNING; THENCE N89°58'00"WA DISTANCE OF 581.09 FEET; THENCE N00°02'00"W A DISTANCE OF 179.83 FEET;THENCE S72°46'17"E A DISTANCE OF 608.28 FEET TO THE POINT OF BEGINNING.SAID TRACT CONTAINS A CALCULATED AREA OF 52248.30 SQUARE FEET OR 1.199ACRES MORE OR LESS.ZONE RO52248.30 S.F./1.199 AC.ZONE RO49422.21 S.F./1.135 AC.R3-SLR3B2R0R0POB TRACT 'A'POB TRACT 'B'Grand IslandRegular Meeting - 1/6/2021Page 179 / 191
Hall County Regional Planning
Commission
Wednesday, January 6, 2021
Regular Meeting
Item J1
Preliminary and Final Plat - Highland North Subdivision
Staff Contact:
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INDEPENDENCE AVENEBRASKA HIGHWAY 2 W
NEBRASKA HIGHWAY 2 W
NORTHWEST AVEUTAH AVE
Highland NorthSubdivision -Preliminary
®
Scale: NONEFor Illustration Purposes
PROPOSED SUBDIVISIONLOCATION MAP
Grand Island Regular Meeting - 1/6/2021 Page 183 / 191
120.01'80.01'120.00'78.36'76.50'
76.50'120.00'76.50'
76.50'120.00'76.50'
76.50'120.00'76.50'
76.50'120.00'76.50'
76.50'120.00'76.50'
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86.72'120.01'90.00'52.35'90.00'52.35'
52.35'90.01'90.00'90.00'46.00'46.00'90.00'90.00'46.00'46.00'90.00'46.00'90.00'90.00'46.00'46.00'90.00'46.00'90.00'90.00'46.00'46.00'90.00'46.00'90.00'90.00'46.00'46.00'90.00'46.00'90.00'90.00'46.00'46.00'90.00'46.00'90.00'90.00'46.00'46.00'90.00'46.00'90.00'90.00'46.00'46.00'110.00'110.00'79.00'110.00'79.00'110.00'79.00'110.00'79.00'110.00'79.00'110.00'79.00'110.00'79.00'110.00'79.00'110.00'79.00'110.00'79.00'110.00'79.00'110.00'79.00'110.01'87.31'94.21'80.13'90.00'52.28'
46.00'
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104.6
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'22.24'25.00'100.00'25.00'100.00'25.00'100.00'35.00'100.00'46.00'90.00'46.00'
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46.00'90.00'46.00'90.00'46.00'90.00'51.00'
51.00'61.04'61.04'122.00'98.79'61.04'81.50'118.07'81.51'119.19'76.50'76.51'120.25'76.50'76.51'121.30'25.00'121.65'25.00'25.00'25.00'121.99'25.00'25.00'122.33'25.00'25.00'122.68'25.00'25.00'123.02'25.00'25.00'123.37'25.00'25.00'123.71'
46.00'100.00'46.00'
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124.4
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LOT 34
LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 LOT 7 LOT 8 LOT 9 LOT 10 LOT 11 LOT 12 LOT 13 LOT 14 LOT 15 LOT 16
LOT 36 LOT 35 LOT 34 LOT 33 LOT 32 LOT 31 LOT 30 LOT 29 LOT 28 LOT 27 LOT 26 LOT 25 LOT 24 LOT 23 LOT 22 LOT 21 LOT 20 LOT 19 LOT 18 LOT 17 LOT 16 LOT 15
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110.05'84.28'25.00'25.00'124.06'
124.40'25.00'25.00'25.00'25.00'124.74'
125.09'25.00'25.00'125.43'25.00'25.00'125.78'25.00'25.00'25.00'25.00'126.12'25.00'124.14'16.97'105.37'25.00'25.00'100.16'109.99'78.44'53.95'108.38
'
107.4
2
'67.55'46.00'85.24'46.00'100.00'28.62'
46.00'100.00'46.00'R=62.50'L=25.79'R=62.50'L=66.30'R =6 2 .50'
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SHEET REVISIONSNO.REV.DATEREVISIONS DESCRIPTIONproject no.:
approved by:
checked by:
drawn by:
drawing no.:
QA/QC by:
date:www.olsson.comTEL 308.384.8750201 East 2nd StreetGrand Island, NE 68801HIGHLAND NORTH SUBDIVISIONPRELIMINARY PLATGRAND ISLAND, NE20203PRELIMINARYNOT TO BE USED FOR CONSTRUCTIONDATE PRINTEDOLSSON December 17, 2020ofLOT LAYOUT1
HWY
2
NORTHWEST AVEINDEPENDENCE AVENUEWILDER AVENUEDROPSEED LANEMITC
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20.0' DRAINAGE
EASEMENT
10.0' DRAINAGE
EASEMENT
37.0' B-B
64.0' R.O.W.
CAPITAL HEIGHTS 8TH SUB HW SUNDIVISION37.0'
B-B
64.0' R.O.W.UNPLATTED64.0' R.O.W.
R62.00'
R25.00'73.19'67.94'
EXISTING 10.0'
UTILITY EASEMENT
R25'
R25'
R25'
R25'
R25'
R75'
Grand Island Regular Meeting - 1/6/2021 Page 184 / 191
UTILITY LAYOUT2 PRELIMINARYNOT TO BE USED FOR CONSTRUCTIONDATE PRINTEDOLSSON December 17, 2020HWY
2
NORTHWEST AVENUEINDEPENDENCE AVENUEWILDER AVENUEDROPSEED LANEMITC
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AMBLE WAY
SHEET REVISIONSNO.REV.DATEREVISIONS DESCRIPTIONproject no.:
approved by:
checked by:
drawn by:
drawing no.:
QA/QC by:
date:www.olsson.comTEL 308.384.8750201 East 2nd StreetGrand Island, NE 68801HIGHLAND NORTH SUBDIVISIONPRELIMINARY PLATGRAND ISLAND, NE20203PRELIMINARYNOT TO BE USED FOR CONSTRUCTIONDATE PRINTEDOLSSON December 17, 2020of
Grand Island Regular Meeting - 1/6/2021 Page 185 / 191
SHEET REVISIONSNO.REV.DATEREVISIONS DESCRIPTIONproject no.:
approved by:
checked by:
drawn by:
drawing no.:
QA/QC by:
date:www.olsson.comTEL 308.384.8750201 East 2nd StreetGrand Island, NE 68801HIGHLAND NORTH SUBDIVISIONPRELIMINARY PLATGRAND ISLAND, NE2020MITC
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DROPSEED LANEWILDER AVENUE
AMBLE WAY
NORTHWEST AVENUEHIGHLAND NORTH
DRIVEWAY EXHIBIT
DRIVEWAY EXHIBIT020-3805
12.17.2020
EXHIBIT_A
Grand Island Regular Meeting - 1/6/2021 Page 186 / 191
Grand IslandRegular Meeting - 1/6/2021Page 187 / 191
INDEPENDENCE AVENEBRASKA HIGHWAY 2 W
NEBRASKA HIGHWAY 2 W
NORTHWEST AVEUTAH AVE
HighlandNorth FirstSubdivision
®
Scale: NONEFor Illustration Purposes
PROPOSED SUBDIVISIONLOCATION MAP
Grand Island Regular Meeting - 1/6/2021 Page 188 / 191
N89°58'00"W 852.50'(M)N89°58'00"W 392.72'(M)N89°58'00"W 402.60'(M)N00°02'00"E 110.00'(M)
N00°02'00"E 110.00'(M)
N00°02'00"E 110.00'(M)
N00°02'00"E 110.00'(M)N00°02'00"E 120.00'(M)
N00°02'00"E 120.00'(M)
N00°02'00"E 120.00'(M)
N00°02'00"E 120.00'(M)N89°58'00"W 1241.86'(M) 1241.55'(P)N89°58'00"W 394.49'(M)N00°02'00"E 120.00'(M)N10°08'23"W60.96'(M)N00°02'00"E 110.00'(M)S89°58'00"E 400.97'(M)S00°48'54"E 290.03'(M)86.72'(M)76.50'(M)76.50'(M)76.50'(M)76.50'(M)60.96'(M)79.00'(M)79.00'(M)79.00'(M)79.00'(M)86.60'(M)60.01'(M)120.01'(M)88.49'(M)76.50'(M)76.50'(M)76.50'(M)76.50'(M)79.00'(M)79.00'(M)79.00'(M)79.00'(M)84.97'(M)110.01'(M)LOT 1LOT 2LOT 3LOT 4LOT 5LOT 6LOT 7LOT 8LOT 9LOT 10S00°48'54"E 337.12'(M)A TRACT OF LAND CONSISTING OF PART OF THE NORTHWEST QUARTER (NW1/4) OF SECTION TWO (2), TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10) WESTOF THE 6TH P.M., HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:COMMENCING AT THE NORTHEAST CORNER OF LOT 12, CAPITAL HEIGHTS EIGHTH SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY NEBRASKA, SAIDPOINT ALSO BEING ON THE WEST RIGHT-OF-WAY LINE OF INDEPENDENCE AVENUE AND ALSO BEING THE POINT OF BEGINNING; THENCE ON AN ASSUMEDBEARING OF N89°58'00"W, ALONG THE NORTH LINE OF SAID CAPITAL HEIGHTS EIGHTH SUBDIVISION, A DISTANCE OF 394.49 FEET; THENCE N00°02'00"E ADISTANCE OF 120.00 FEET; THENCE N14°48'22"W A DISTANCE OF 62.07 FEET; THENCE N00°02'00"E A DISTANCE OF 110.00 FEET; THENCE S89°58'00"E ADISTANCE OF 400.97 FEET TO A POINT ON SAID WEST RIGHT-OF-WAY LINE OF INDEPENDENCE AVENUE; THENCE S00°48'54"E, ALONG SAID WESTRIGHT-OF-WAY LINE, A DISTANCE OF 290.03 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 115287.88 SQUARE FEET OR2.647 ACRES MORE OR LESS OF WHICH 0.548 ACRES IS NEW DEDICATED ROAD RIGHT-OF-WAY.I HEREBY CERTIFY THAT ON ______________________, 20___, I COMPLETED AN ACCURATE SURVEY, UNDER MY PERSONAL SUPERVISION, OF A TRACT OF LANDCONSISTING OF PART OF THE NORTHWEST QUARTER (NW1/4) OF SECTION TWO (2), TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M.,HALL COUNTY, NEBRASKA , AS SHOWN ON THE ACCOMPANYING PLAT THEREOF; THAT IRON MARKERS, EXCEPT WHERE INDICATED, WERE FOUND AT ALLCORNERS; THAT THE DIMENSIONS ARE AS SHOWN ON THE PLAT; AND THAT SAID SURVEY WAS MADE WITH REFERENCE TO KNOWN AND RECORDEDMONUMENTS.___________________________________________________JESSE E. HURT, REGISTERED LAND SURVEYOR NUMBER, LS-674KNOW ALL MEN BY THESE PRESENTS, THAT A & H HOLDINGS, LLC, A NEBRASKA LIMITED LIABILITY COMPANY, BEING THE OWNERS OF THE LAND DESCRIBEDHEREON, HAVE CAUSED SAME TO BE SURVEYED, SUBDIVIDED, PLATTED AND DESIGNATED AS "" IN PART OFTHE NORTHWEST QUARTER (NW1/4) OF SECTION TWO (2), TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., HALL COUNTY,NEBRASKA, AS SHOWN ON THE ACCOMPANYING PLAT THEREOF AND DO HEREBY DEDICATE THE ROAD RIGHT OF WAY, AS SHOWN THEREON TO THE PUBLICFOR THEIR USE FOREVER: AND HEREBY DEDICATE THE EASEMENTS, AS SHOWN THEREON TO THE PUBLIC FOR THEIR USE FOREVER FOR THE LOCATION,CONSTRUCTION AND MAINTENANCE FOR PUBLIC SERVICE UTILITIES, TOGETHER WITH THE RIGHTS OF INGRESS AND EGRESS HERETO, AND HEREBYPROHIBITING THE PLANTING OF TREES, BUSHES AND SHRUBS, OR PLACING OTHER OBSTRUCTIONS UPON, OVER, ALONG OR UNDERNEATH THE SURFACE OFSUCH EASEMENTS; AND THAT THE FOREGOING SUBDIVISION AS MORE PARTICULARLY DESCRIBED IN THE DESCRIPTION HEREON AS APPEARS ON THIS PLAT ISMADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS AND PROPRIETORS.IN WITNESS WHEREOF, I HAVE AFFIXED MY SIGNATURE HERETO, AT ________________, NEBRASKA,THIS ____ DAY OF ____________, 20____._______________________________AMOS C. ANSON, MEMEBERA & H HOLDINGS, LLC, A NEBRASKA LIMITED LIABILITY COMPANYON THIS ____ DAY OF ___________, 20___, BEFORE ME ________________________, A NOTARY PUBLIC WITHIN AND FOR SAID COUNTY, PERSONALLY APPEAREDAMOS C. ANSON, MEMBER, A & H HOLDINGS, LLC, A NEBRASKA LIMITED LIABILITY COMPANY, TO ME PERSONALLY KNOWN TO BE THE IDENTICAL PERSON WHOSESIGNATURE IS AFFIXED HERETO AND ACKNOWLEDGED THE EXECUTION THEREOF TO BE THEIR VOLUNTARY ACT AND DEED. IN WITNESS WHEREOF, I HAVEHEREUNTO SUBSCRIBED MY NAME AND AFFIXED MY OFFICIAL SEAL AT ____________________ , NEBRASKA, ON THE DATE LAST ABOVE WRITTEN.MY COMMISSION EXPIRES ________________________________________NOTARY PUBLICSUBMITTED TO AND APPROVED BY THE REGIONAL PLANNING COMMISSION OF HALL COUNTY, CITIESOF GRAND ISLAND, WOOD RIVER, AND THE VILLAGES OF ALDA, CAIRO, AND DONIPHAN, NEBRASKA._______________________________ __________CHAIRPERSON DATEAPPROVED AND ACCEPTED BY THE CITY OF GRAND ISLAND, NEBRASKATHIS ____ DAY OF ______ , 20___._______________________________MAYOR_______________________________CITY CLERKOWNERS: A & H HOLDINGS, LLCSUBDIVIDER: A & H HOLDINGS, LLCSURVEYOR: OLSSONENGINEER: OLSSONNUMBER OF LOTS: 10ROW LINESET CORNER (5/8"x24" REBAR W/CAP)MEASURED DISTANCEPLATTED DISTANCE CAPITAL HEIGHTS 8TH SUBMPSUBDIVISION LINEEXISTING PROPERTY LINEFOUND CORNER (1/2" IRON PIPE) POBFAX 308.384.8752TEL 308.384.8750201 East 2nd StreetGrand Island, NE 68801NORTHWEST CORNERLOT 22, CAPITAL HEIGHTSEIGHTH SUBINTERSECTION OFSOUTH R.O.W. OF NE HWY 2 &WEST R.O.W. OF INDEPENDENCE AVE.Grand IslandRegular Meeting - 1/6/2021Page 189 / 191
Providing false information on this application will result in nullification of the application and forfeiture of all related fees. If you have any questions
regarding this form or subdivision regulations administered by the Hall County Regional Planning Department call (308) 385-5240.
HALL COUNTY REGIONAL PLANNING COMMISSION
SUBDIVISION APPLICATION
This application must be submitted a minimum of 20 calendar days prior to a planning commission meeting to be considered at that meeting.
Planning Commission meetings are typically held on the first Wednesday of the month.
Owners Information
Name
Address
City , State
Phone
Zip
Attach additional information as necessary for all parties listed as an owner on the plat and any
other parties such as partners Deed of Trust holders, etc…
All owners, lien holders, etc. will be required to sign the dedication certificate on the final plat. As the
applicant for this subdivision I do hereby certify that I have provided complete information regarding
the ownership of the property included in this application:
By: Date:
(Applicant)
Surveyor/Engineers Information
Surveyor/Engineering Firm
Address
City , State
Phone
Zip
Surveyor/Engineer Name License Number
SUBDIVISION NAME:
Please check the appropriate location
Hall County
The City of Grand Island or 2-Mile Grand Island Jurisdiction
The City of Wood River or 1 Mile Jurisdiction
Village of Alda or 1 Mile Jurisdiction
Village of Cairo or 1 Mile Jurisdiction
Village of Doniphan or 1 Mile Jurisdiction
Please check the appropriate Plat
Preliminary Plat
Final Plat
Number of Lots
Number of Acres
Checklist of things Planning Commission Needs
AutoCAD file (Scaled 1:100) and a PDF sent to rashadm@grand-island.com
10 + 15* copies if in City limits or the two mile jurisdiction of Grand Island
5 + 15* copies if in Hall County, City of Wood River, Village of Cairo, Doniphan or Alda.
Closure Sheet
Utilities Sheet
Receipt for Subdivision Application Fees in the amount of $
* 15 Pages are to be printed on 11X17, larger sizes maybe requested if needed
Grand Island Regular Meeting - 1/6/2021 Page 190 / 191
Providing false information on this application will result in nullification of the application and forfeiture of all related fees. If you have any questions
regarding this form or subdivision regulations administered by the Hall County Regional Planning Department call (308) 385-5240.
REGIONAL PLANNING COMMISSION FEES AND CHARGES
Effective October 1, 2019
Service or Product Fee
Category 2. Subdivision:
a. Preliminary Plat $ 450.00 + $15.00/lot
b. Final Plat (Grand Island and 2 mile limit) $ 470.00 + $10.00/lot
(Elsewhere in region) $ 470.00** + $10.00/lot
c. Plat Vacation $275.00
d. Administrative Subdivisions $55.00
** An additional $50.00 fee is charged in the Villages of Alda, and Doniphan payable to the pertaining clerk’s
office.
Grand Island Regular Meeting - 1/6/2021 Page 191 / 191