04-06-2022 Regional Planning Regular Meeting Packet
Hall County Regional
Planning Commission
Wednesday, April 6, 2022
Regular Meeting Packet
Commission Members:
Judd Allan Hall County
Tony Randone Grand Island
Darrell Nelson Grand Island
Hector Rubio Grand Island
Leonard Rainforth Hall County
Nick Olson Doniphan
Tyler Doane 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
7:00 PM
Grand Island Regular Meeting - 4/6/2022 Page 1 / 236
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.
Grand Island Regular Meeting - 4/6/2022 Page 2 / 236
Hall County Regional Planning
Commission
Wednesday, April 6, 2022
Regular Meeting
Item A1
Agenda April 6, 2022
Staff Contact:
Grand Island Regular Meeting - 4/6/2022 Page 3 / 236
AGENDA AND NOTICE OF MEETING
Wednesday, April 6, 2022
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 March 2, 2022.
3. Request Time to Speak.
4. Contract Approval – Consideration of approval of a contract with Marvin Planning
Consultants to update the Comprehensive Development Plans along with a review of the
zoning and subdivision regulations for Grand Island and Hall County.
5. Public Hearing – Zoning Regulations- Hall County. Public Hearing to consider reapproval
of the Hall County Zoning Resolution with changes as recommended by Planning Department
Staff. (C-24-22HC).
6. Public Hearing – Proposed Rezoning – Grand Island. Proposed rezoning of a Tract of Land
Located in the Northwest Quarter (NW1/4) of Section 23, Township 11 North, Range 10 West
of the 6TH P.M., in The City of Grand Island, Hall County, Nebraska, along with Lots 21, 23,
24, and 25 of Copper Creek 17th Subdivision generally located east of Kenneth Drive and
south of Indian Grass Road, from R2- Low Density Residential Zone to R3-SL - Medium
Density Small Lot Residential Zone. (C-23-2022GI)
Consent Agenda
7. Final Plat – Rewerts Subdivision – Hall County: Located west of Monitor Road and
south of Lepin Road (2 lots, 7.721acres).
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8. Final Plat – Copper Creek 21st Subdivision – Grand Island: Generally located east of
Kenneth Drive and south of Thomas Street (20 lots, 4.917 acres).
9. Final Plat – Eynetich Subdivision – Grand Island ETJ: Located South of Abbott Road and
east of North Road (1 lot, 3 acres).
10. Final Plat – Sargent Subdivision – Grand Island: Located north of Dodge Street and
west of Eugene Street (2 lots, 0.299 acres).
11. Final Plat – Tjaden Subdivision – Hall County: Located east of 60th Road and south of
Schultz Road (1 lots, 2.06 acres).
12. Directors Report
Comprehensive Plan Update
Hazard Mitigation Plan Update
May Meeting Date Change Needed
13. Next Meeting May 11, 2022.
14. 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.
Grand Island Regular Meeting - 4/6/2022 Page 5 / 236
Staff Summary April 2022 Page 1
Staff Recommendation Summary
For Regional Planning Commission Meeting
April 6, 2022
4. Contract Approval – Consideration of approval of a contract with Marvin
Planning Consultants to update the Comprehensive Development Plans
along with a review of the zoning and subdivision regulations for Grand
Island and Hall County with an option for Doniphan, Alda, Wood River and
Cairo to participate. (Discussion, Action)
5. Zoning Regulations- Hall County. Public Hearing to consider reapproval
of the Hall County Zoning Resolution with changes as recommended by
Planning Department Staff. (C-24-22HC). This includes needed updates
including adopting the most current version of the model flood plain
zoning regulations required by the State of Nebraska. This will also
provide a clean current copy of the regulations for consideration during
the Comprehensive Plan and regulation update. See Full
Recommendation (Hearing, Discussion, Action)
6. Public Hearing – Proposed Rezoning – Grand Island. Proposed
rezoning of a Tract of Land Located in the Northwest Quarter (NW1/4) of
Section 23, Township 11 North, Range 10 West of the 6TH P.M., in The
City of Grand Island, Hall County, Nebraska, along with Lots 21, 23, 24,
and 25 of Copper Creek 17th Subdivision generally located east of
Kenneth Drive and south of Indian Grass Road, from R2- Low Density
Residential Zone to R3-SL - Medium Density Small Lot Residential Zone.
(C-23-2022GI) See Full Recommendation (Hearing, Discussion, Action)
Consent Agenda
7. Final Plat – Rewerts Subdivision – Hall County: Located west of Monitor
Road and south of Lepin Road. Splits existing farmsteads on 20 acres or
more and a uses the one time split. (2 lots, 7.721acres).
8. Final Plat – Copper Creek 21st Subdivision – Grand Island: Generally
located east of Kenneth Drive and south of Thomas Street (20 lots, 4.917
acres). The property is zoned R2 Low Density Residential and there is a
request to change the zoning to R3-SL Medium Density Residential. All
lots would be allowed in both zoning districts. City streets, sewer and
water will be extended to all lots.
9. Final Plat – Eynetich Subdivision – Grand Island ETJ: Located South
of Abbott Road and east of North Road (1 lot, 3 acres). The property is
zoned AG-2 Secondary Agriculture. This splits an existing farmstead from
a tract of 20 acres or more.
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Staff Summary April 2022 Page 2
10. Final Plat – Sargent Subdivision – Grand Island: Located north of
Dodge Street and west of Eugene Street (2 lots, 0.299 acres). The
property is zoned R2 Low Density Residential. This splits an existing lot
into 2 lots. Both lots can be served with sewer and water. Both lots meet
the minimum lot size requirements for the R2 zoning district.
11. Final Plat – Tjaden Subdivision – Hall County: Located east of 60th
Road and south of Schultz Road (1 lots, 2.06 acres). This property is
zoned AG-R Primary Agriculture with a River Corridor Overlay. This splits
an existing farmstead from a tract of 20 acres or more.
12. Director’s Report
Hazard Mitigation Plan Update City and county staff have been working
with the Central Platte NRD and JEO Consulting on the update of the
Hazard Mitigation Plan.
Comprehensive Plan Update – Grand Island and Hall County Two
responses to the RFQ were received on February 15. The committee will
be reviewing them and should have a recommendation for the planning
commission to act on at the April 6 meeting.
NPZA Spring Workshop – The Nebraska Planning and Zoning
Association Spring workshop was held on March 18. Sessions were
recorded and can be made available to all Planning Commission
members.
Next Meeting May 11, 2022.
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Hall County Regional Planning
Commission
Wednesday, April 6, 2022
Regular Meeting
Item E1
Meeting Minutes - March 2, 2022
Staff Contact:
Grand Island Regular Meeting - 4/6/2022 Page 8 / 236
THE REGIONAL PLANNING COMMISSION OF HALL COUNTY, GRAND ISLAND,
WOOD RIVER AND THE VILLAGES OF ALDA, CAIRO, AND DONIPHAN,
NEBRASKA
Minutes
for
March 2, 2022
The meeting of the Regional Planning Commission was held Wednesday, March 2, 2022 at
City Hall – Grand Island, Nebraska. Notice of this meeting appeared in the “Grand Island
Independent” on February 22, 2022.
Present: Leslie Ruge Nick Olson Judd Allan
Pat O’Neill Leonard Rainforth
Jaye Monter Hector Rubio
Greg Robb Darrell Nelson
Absent: Tony Randone, Robin Hendricksen and Tyler Doane
Other:
Staff: Chad Nabity and Norma Hernandez
Press: Brandon Summers
1.Call to order.
Chairman O’Neill called the meeting to order at 6:00 p.m.
O’Neill stated that this was a public meeting subject to the open meetings laws of the
State of Nebraska. She 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.
Grand Island Regular Meeting - 4/6/2022 Page 9 / 236
The order of items on the agenda may be reorganized by the Chair to facilitate the flow
of the meeting to better accommodate the public.
2. Minutes of the February 2, 2022 meeting.
A motion was made by Rainforth and second by Allan to approve the minutes
of the February 2, 2022 meeting.
The motion carried with nine members voting in favor (Nelson, Allan, O’Neill, Ruge,
Olson, Robb, Monter, Rainforth and Rubio) and no members voting no or abstaining.
3.Request Time to Speak.
Zack Butts – 308 N. Locust Street , Grand Island, NE – Item #5
Amos Anson – 4234 Arizona Ave , Grand Island, NE - Item #4 & 5
4.Public Hearing – Redevelopment Plan – Grand Island – Public Hearing Concerning
a redevelopment plan for CRA Area No. 1 to allow for redevelopment of property
located 313 W. 2nd Street in Grand Island, Hall County, Nebraska. The request calls for
redevelopment of the existing building for commercial/office space.
Resolution 2022-08 (C-18-22GI)
O’Neill opened the public hearing.
Nabity stated redevelopment plan is located downtown at 313 W. 2nd Street. The
proposal is to redevelop the property for commercial/office space. The project is
consistent with the existing zoning and the future land use plan. The redevelopment
plan is consistent with the Comprehensive Plan.
Amos Anson representing Brandon Flodman was available for questions.
O’Neill closed the public hearing.
A motion was made by Nelson and second by Allan to approve the redevelopment plan
CRA Area No.1 and Resolution 2022-08.
The motion was carried with nine members voting in favor (Nelson, Allan, O’Neill,
Ruge, Olson, Robb, Monter, Rainforth, Rubio, and Doane) and no members voting no
or abstaining.
5.Public Hearing – Redevelopment Plan – Grand Island – Public Hearing Concerning
a redevelopment plan for CRA Area No. 36 to allow for redevelopment of property
located south of Nebraska Highway 2 and west of Independence Avenue (Highland
North Subdivision as approved and proposed) in Grand Island, Hall County, Nebraska.
The request calls for redevelopment of this property for residential and commercial
uses. Resolution 2022-09 (C-19-22GI).
Due to conflict Chairman O’Neill left the room during the hearing and discussion.
Grand Island Regular Meeting - 4/6/2022 Page 10 / 236
Vice Chairman Monter opened the public hearing.
Nabity stated the redevelopment plan and the request for tax increment financing is for
the entire project which includes approximately 25 acres. The property includes mixed
used development including commercial office and retail properties and 142 units of
housing. The plan uses are consistent with the comprehensive plan.
Zack Butts – representing A&H Holdings – Stated with a housing shortage in Grand
Island the project will bring 142 units of housing including single family, detached and
attached, row housing and condominium units with a wide range of affordability. The
project will be a phase project taking place over about 10 years. The Grand Island
Public Schools has not had any opposition.
Amos Anson – was available for questions.
Vice Chairman Monter closed the public hearing.
A motion was made by Robb and second by Rubio to approve redevelopment
plan for CRA Area No. 36 and Resolution 2022-09.
The motion was carried with eight members voting in favor (Nelson, Allan, Ruge,
Olson, Robb, Monter, Rainforth, Rubio) and one member abstaining (O’Neill).
Chairman O’Neill came back to the room and rejoined the meeting.
6.Public Hearing – Proposed Rezoning – Doniphan – Proposed rezoning of a portion
of E ½ of Section 1, Township 9 North, Range 10 West of the 6th PM. This is located
north of Platte River Drive and west of U.S. Highway 281 in the zoning jurisdiction of
the Village of Doniphan. Request is to a portion of the property from TA Transitional
Agriculture and GC General Commercial and HC Highway Commercial to R3 Multiple
Family Residential and another portion from TA Transitional Agriculture and HC
Highway Commercial to GC General Commercial.
O’Neill opened the public hearing.
Commissioner Robb left the room during the hearing and discussion of this action as he
is a principle in the development.
Nabity stated the proposed changes would change the zoning on this property as shown
on the attached drawing with a combination of R-3 Multiple Family Residential and
General Commercial zoning districts. Linda Dill, a neighbor to the south, testified that
she was not against the residential zoning but had concerns with school children
potentially crossing U.S. Highway 281. Commissioner Ruge asked if students are
bussed to the Doniphan Schools.
O’Neill closed the public hearing.
A motion was made by Rainforth and second by Ruge to recommend approval of the
Grand Island Regular Meeting - 4/6/2022 Page 11 / 236
rezoning application.
The motion was carried with eight members voting in favor (Nelson, Allan, O’Neill,
Ruge, Olson, Monter, Rainforth and Rubio) and member abstaining (Robb).
Commissioner Robb came back to the room and rejoined the meeting.
7. Public Hearing – Proposed Rezoning – Wood River – Proposed rezoning of
property located at 411 W 8th Street in Wood River from BG General Business Zone to
R-6 Medium Density Residential with an RM Mobile Home Overlay. (C-22-22WR)
O’Neill opened the public hearing.
Nabity introduced the request and explained that the property has been used a mobile
home park since at least 1975 based on historic aerial photos. The property to the north
is zoned R-6 with an RM overlay and under the same ownership. This property is
shown on the future land use map from the 2015 comprehensive plan as intended for
mobile home. Staff has recommended approval of the requested change. Commissioner
Ruge asked if this change would allow campers to be parked on these spots. Nabity
stated that he did not know the answer to that question off the top of his head (A review
of the regulations after the meeting showed that mobile homes are permitted but it does
not allow camper trailers.
O’Neill closed the public hearing.
A motion was made by Robb and second by Nelson to recommend approval of the
zoning changes as requested.
The motion was carried with eight members in favor (Nelson, Allan, O’Neill,
Olson, Robb, Monter, Rainforth, Rubio) and one member (Ruge) voting no.
8. 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. (C-20-22GI).
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 re-adoption
both zoning and annexations as included in the staff report and described the
other changes that staff is recommending as included in the staff report.
O’Neill closed the public hearing.
Grand Island Regular Meeting - 4/6/2022 Page 12 / 236
A motion was made by Monter and second by Ruge to approve to re-adopt the City of
Grand Island Zoning map with proposed changes.
The motion was carried with nine members voting in favor (O’Neill, Ruge, Doane,
Monter, Robb, Rubio, Allan, Nelson and Rainforth) with no members voting no.
Consent Agenda:
9.Final Plat – Hall County Home Place Subdivision – Hall County west of Shady
Bend Road and north of Rosedale Road (1 lot, 2.87 acres)
10.Final Plat – Twin Lakes Third – Grand Island EJT – Located south of Bismark
Road and west of Austin Avenue. (2 lots, 9.517 acres)
11.Preliminary and Final Plat – Veteran’s Legacy South – Grand Island – Located
east of Webb Road between Capital Avenue and Old Highway 2 (5 lots, 107.457 acres)
12.Preliminary Plat – High Point Development – Doniphan – Located west of Highway
281 and north of Platte River Drive (123 Lots, 64.1 acres)
Final Plat – Kracklin Kirks – Doniphan – Located west of U.S. Highway 281
and north of Clarice Street (1 lot, 1.673 acres)
Final Plat – High Point Development – Doniphan – Located west of U.S.
Highway 281 and north of Platt e River Drive (36 lots, 14.617 acres)
A motion was made by Ruge and second by Rainforth to approve all items on the consent
agenda.
The motion was carried with nine members voting in favor (O’Neill, Ruge, Doane, Monter,
Robb, Rubio, Allan, Nelson and Rainforth) with no members voting no.
13. Director’s Report
Comprehensive Plan Update – Received 2 responses for the RFPs from – RDG
Planning and Design - Omaha, NE and Marvin Planning – David City, NE. The
committee will be meeting on Friday at 10am to review and give a recommendation.
And will begin negotiation.
Hazard Mitigation Plan Update – will be done right before the comprehensive plan
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NPZA Spring Workshop (Virtual) March 18, 2022 – A link will be sent out a day
before the workshop.
O’Neill adjourned the meeting at 6:38 p.m.
Next meeting Wednesday, April 6, 2022
___________________________________________
Leslie Ruge, Secretary
By Norma Hernandez
Grand Island Regular Meeting - 4/6/2022 Page 14 / 236
Hall County Regional Planning
Commission
Wednesday, April 6, 2022
Regular Meeting
Item F1
Public Hearing - Zoning Regulations - To consider re-approval of
the Hall County Zoning Resolution with changes as recommended
by Planning Department Staff
Staff Contact:
Grand Island Regular Meeting - 4/6/2022 Page 15 / 236
Agenda Item #5
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION:
March 24, 2022
SUBJECT:
Zoning Regulations Hall County Nebraska. (C-24-22HC)
PROPOSAL:
Regional Planning department staff has reviewed the Hall County Zoning Regulations and is
suggesting a number of small changes throughout the document and has redrafted Article 8 on
Flood Plain regulations entirely based on the current version of the Model Zoning Ordinance
suggested by the State of Nebraska Department of Natural Resources. Staff is recommending
that the entire resolution be adopted with the proposed changes to create a complete copy of
the current regulations as we begin the process of updating the Comprehensive Development
Plan and regulations for the County.
OVERVIEW:
Proposed changes are shown in red. Underline indicates new language, strike through
indicates language to be removed or replaced. All numbering will be corrected prior to final
adoption by the County Board.
Specific sections to review for changes include:
Changing all references to County Supervisors to County Commissioners. Some minor
changes throughout to correct typos that will not be specifically discussed.
Section 1.12 These changes are to add clarity to the regulations. The current statements
seem to imply that nothing can be done without a variance.
Definition of:
Condominium changed to make it consistent with the state definition of a condominium not a
condominium regime.
Dwelling to eliminate the term single family and define it strictly as a residential use.
Home Occupation changing to reflect the definition from the pre-2004 regulations. It
appears that this change was inadvertently made with the adoption of the 2004 regulations.
The current definition is the same used in the City of Grand Island and is significantly more
restrictive than needed for the County.
Grand Island Regular Meeting - 4/6/2022 Page 16 / 236
Section 3.13 Accessory Building and Uses the proposed changes make this section similar
to all of the other regulations in the County and will provide consistent interpretation
between the entities.
Section 6.06 Home Occupations this section has been updated with the regulations that
were adopted prior to 2004. It appears that with the 2004 adoption the same regulations in
place for Grand Island were placed in the county regulations. The Hall County regulations in
place prior to 2004 allowed for more home occupations to support the more rural agricultural
nature of the county.
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.
Also attached is a copy of the Zoning Matrix staff has reviewed the uses in the zoning matrix
and discovered several that did not have specific areas where they were allowed. Changes
have been suggested that would either allow these uses specifically or as a conditional use
permit or removed the use from the matrix.
RECOMMENDATION:
That the Regional Planning Commission recommends that Hall County Board approve of
the zoning regulations as submitted.
___________________ Chad Nabity AICP, Planning Director
Grand Island Regular Meeting - 4/6/2022 Page 17 / 236
i
HALL COUNTY
NEBRASKA
ZONING RESOLUTION
NO. 04-0020
WITH AMENDMENTS
ADOPTED BY THE HALL COUNTY, NEBRASKA
APRIL 20, 2004
EFFECTIVE DATE
JUNE 1, 2004
UPDATED JUNE. 26, 2018
Prepared By
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ii
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HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 I
TABLE OF CONTENTS
Article 1: General Provisions ............................................................................................................................... 3
Section 1.01 Short Title ...................................................................................................................................... 3
Section 1.02 Publication ..................................................................................................................................... 3
Section 1.03 When Effective .............................................................................................................................. 3
Section 1.04 Conflicts ........................................................................................................................................ 3
Section 1.05 Intent and Purpose ......................................................................................................................... 3
Section 1.06 Comprehensive Development Plan Relationship .......................................................................... 3
Section 1.07 Jurisdiction .................................................................................................................................... 3
Section 1.08 Highest Standard ........................................................................................................................... 3
Section 1.09 General .......................................................................................................................................... 3
Section 1.10 Interpretation ................................................................................................................................. 4
Section 1.11 Scope of Regulations ..................................................................................................................... 4
Section 1.12 Zoning Standards ........................................................................................................................... 4
Section 1.13 Planning Commission Recommendations ..................................................................................... 4
Section 1.14 District Regulations, Restrictions, Boundary Creation .................................................................. 4
Section 1.15 Fees ............................................................................................................................................... 4
Article 2: Construction and Definitions .............................................................................................................. 5
Section 2.02 Abbreviations and Acronyms ........................................................................................................ 5
Section 2.03 Definition of Terms ....................................................................................................................... 6
Article 3: General Regulations ........................................................................................................................... 42
Section 3.01 Nonconforming, General Intent. .................................................................................................. 42
Section 3.02 Nonconforming Lots of Record ................................................................................................... 42
Section 3.03 Nonconforming Uses of Land (or Land with Minor Structures Only) ......................................... 42
Section 3.04 Nonconforming Structures ........................................................................................................... 43
Section 3.05 Nonconforming Uses of Structures or of Structures and Premises in Combination ..................... 43
Section 3.06 Repairs and Maintenance ............................................................................................................. 43
Section 3.07 Uses Under Conditional Use Provisions Not Nonconforming Uses ............................................ 44
Section 3.08 Lot ................................................................................................................................................ 44
Section 3.09 Reductions in Lot Area Prohibited. .............................................................................................. 44
Section 3.10 Yard Requirements ....................................................................................................................... 44
Section 3.11 Drainage ....................................................................................................................................... 44
Section 3.12 Permitted Obstructions in Required Yards ................................................................................... 45
Section 3.13 Accessory Building and Uses ....................................................................................................... 45
Section 3.14 Permitted Modifications of Height Regulations ........................................................................... 46
Section 3.15 Occupancy of Basements and Cellars .......................................................................................... 46
Section 3.16 Repairs and Maintenance ............................................................................................................. 46
Section 3.17 Amenities, Fire ............................................................................................................................. 46
Section 3.18 Side Yards .................................................................................................................................... 46
Section 3.19 Corner Lots ................................................................................................................................... 46
Section 3.20 Recreation Equipment, Storage .................................................................................................... 46
Section 3.21 Parking and Storage of Certain Vehicles ...................................................................................... 48
Section 3.22 Storage of Goods and Equipment ................................................................................................. 48
Section 3.23 Building Setback .......................................................................................................................... 48
Section 3.24 Temporary Structures ................................................................................................................... 48
Section 3.25 Caretaker’s Quarters ..................................................................................................................... 48
Section 3.26 Front yards ................................................................................................................................... 48
Section 3.27 Screening ...................................................................................................................................... 48
Section 3.28 Fences, Walls, Hedges and Trees ................................................................................................. 49
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HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 II
Article 4: Districts and Interpretation of District Boundaries ........................................................................ 53
Section 4.01 Boundaries .................................................................................................................................... 53
Section 4.02: A-1 Agricultural – Primary District ............................................ Error! Bookmark not defined.
Section 4.03: A-2 – Secondary Agricultural District ........................................ Error! Bookmark not defined.
Section 4.04: A-3 Agricultural - Transitional District ....................................................................................... 63
Section 4.05: AG-SC Special Agriculture/Conservation Zone ........................................................................ 66
Section 4.06: AG-SE-Special Agriculture/Events Zone................................................................................... 67
Section 4.07: AG-SI-Special Agriculture/Industrial Zone ................................................................................ 68
Section 4.08: SRC-Special Recreation/Conservation Zone ............................................................................. 69
Section 4.09: R-1 Residential - District............................................................................................................. 70
Section 4.10: R-M Mobile Home Residential District ...................................................................................... 72
Section 4.11: HC Highway Commercial District .............................................................................................. 74
Section 4.12: RC Restricted Commercial District ............................................................................................. 76
Section 4.13: LC Local Commercial District .................................................................................................... 77
Section 4.14: LI Light Industrial District .......................................................................................................... 79
Section 4.15: GI General Industrial District ...................................................................................................... 81
Section 4.16: Planned Unit Development ........................................................................................................... 83
Section 4.17: AGV Valentine Soil Overlay District ......................................................................................... 87
Section 4.18: AG-R River Corridor Agricultural District ................................................................................. 88
ARTICLE 5: CONDITIONAL USES, PROCEDURES, AND STANDARDS ............................................... 91
Section 5.01 Conditional Uses .......................................................................................................................... 91
Article 6: Supplemental Regulations ................................................................................................................. 92
Section 6.01 Radio, Television and Wireless Communication Towers ............................................................ 92
Section 6.02 Sand and Gravel, Mineral, Stone, Rock, and Soil Extraction and Quarries ................................. 96
Section 6.03 Wind Energy Installation.............................................................. Error! Bookmark not defined.
Section 6.04 Waste Disposal Sites and Landfills ............................................................................................ 102
Section 6.05 Sanitary Requirements ............................................................................................................... 102
Section 6.06 Home Occupations. .................................................................................................................... 102
Section 6.07 Off-Street Automobile Storage. ................................................................................................. 103
Section 6.08 Schedule of Minimum Off-Street Parking and Loading Requirements...................................... 105
Section 6.09 Signs: Standard of Measurement ............................................................................................... 106
Section 6.10 Signs, Type ................................................................................................................................. 106
Section 6.11 Sign Schedule ............................................................................................................................. 107
Section 6.12 Sign Permits ............................................................................................................................... 107
Section 6.13 Public Utility Facilities Lot Size Requirements ......................................................................... 107
Article 7: Administration and Enforcement ................................................................................................... 108
Section 7.01 Zoning Administrator ................................................................................................................. 108
Section 7.02 Zoning Permit Required ............................................................................................................. 108
Section 7.03 Application for Zoning Permit ................................................................................................... 108
Section 7.04 Enforcement by the Zoning Administrator ................................................................................. 108
Section 7.05 Certification of Occupancy ........................................................................................................ 109
Article 8: Flood Plain Regulations .................................................................................................................... 110
Section 8.01 Statutory Authorization, Findings of Fact and Purposes ............................................................ 131
Section 8.02 General Provisions ..................................................................................................................... 132
Section 8.03 Development Permit ................................................................................................................... 133
Section 8.04 Establishment of Zoning Districts .............................................................................................. 134
Section 8.05 Standards for Floodplain Development ...................................................................................... 134
Section 8.06 Flood Fringe Overlay District – Including AO and AH Zones) ................................................. 135
Section 8.07 Floodway Overlay District ......................................................................................................... 137
Section 8.08 Variance Procedures ................................................................................................................... 137
Section 8.09 Non Conforming Uses ................................................................................................................ 138
Section 8.10 Penalties for Violation ................................................................................................................ 138
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HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 III
Section 8.11 Amendments .............................................................................................................................. 138
Section 8.12 Definitions .................................................................................................................................. 139
Article 9: Board of Adjustment ....................................................................................................................... 142
Section 9.01 Members, Terms, and Meetings ................................................................................................. 142
Section 9.02 Board of Adjustment Powers ..................................................................................................... 142
Section 9.03 Appeals from the Board of Adjustment ...................................................................................... 143
Section 9.04 Duties of Board of Zoning Adjustment and Others .................................................................... 143
Article 10: Amendments ................................................................................................................................... 144
Section 10.01 Amendments............................................................................................................................ 144
Section 10.02 Remedies. ................................................................................................................................ 144
Section 10.03 Fines and Penalties. ................................................................................................................. 144
Article 11: Legal Status Provisions .................................................................................................................. 145
Section 11.01 Separability .............................................................................................................................. 145
Section 11.02 Purpose of Catch Heads ........................................................................................................... 145
Section 11.03 Repeal of Conflicting Resolutions ............................................................................................ 145
Section 11.04 Effective Date ........................................................................................................................... 145
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HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 1
HALL COUNTY, NEBRASKA
ZONING RESOLUTION
A resolution, consistent with the Comprehensive Development Plan, Adopted for the purpose of promoting
health, safety, morals, convenience, order, prosperity, and welfare of the present and future inhabitants of Hall
County, Nebraska, to regulate and restrict the location, height, bulk, number of stories, size of buildings and
other structures, including tents, cabins, house trailers, and automobile trailers; the percentage of lot areas which
may be occupied, building setback lines; size of yards, courts, and other open spaces; the density of population;
the uses of buildings; and the uses of the land for agriculture, forestry, recreation, residence, industry, and trade,
after considering factors relating to soil conservation, water supply conservation, surface water drainage and
removal, or other uses; to divide the County into districts of such number, shape, and area as may be best suited
to carry out the purposes of this resolution to regulate, restrict, or prohibit the erection, construction,
reconstruction, alteration or use of non-farm buildings or structures, and the use, conditions of use or occupancy
of land in the unincorporated areas of the County; to provide for the adoption of a zoning map; to provide for a
board of adjustment, its members, powers, and duties; to provide for off-street parking and loading area
requirements; to provide for conditional uses by conditional use permit; to provide for the proper subdivision and
development of land, as provided in the Subdivision Regulations; to provide for non-conforming uses, to provide
for the administration and the enforcement of these provisions, and for the violations of its provisions and the
prescribed penalties, and including among others such specific purposes as:
(1) Developing both urban and non-urban areas;
(2) Lessening congestion in the streets or roads;
(3) Reducing the waste of excessive amounts of roads;
(4) Securing safety from fire and other dangers;
(5) Lessening or avoiding the hazards to persons and damage to property resulting from the
accumulation or run-off of storm or flood waters;
(6) Providing adequate light and air;
(7) Preventing excessive concentration of population and excessive and wasteful scattering of
population or settlement;
(8) Promoting such distribution of population, such classification of land uses, and such
distribution of land development as will assure adequate provisions for transportation, water
flowage, water supply, drainage, sanitation, recreation, soil fertility, food supply, and other
public requirements;
(9) Protecting the tax base;
(10) Protecting property against blight and depreciation;
(11) Securing economy in governmental expenditures;
(12) Fostering the County's agriculture, recreation, and other industries;
(13) Encouraging the most appropriate use of land in the County; and
(14) Preserving, protecting, and enhancing historic buildings, places, and districts, all in accordance
with the comprehensive plan.
WHEREAS Nebraska Revised Reissued Statutes, 1943, Sections 23-114 through 23-114.05 and 23-164 through
23-174.06 as amended, empowers the County to adopt a zoning and subdivision resolution and to provide for its
administration, enforcement, and amendment; and
WHEREAS, the Hall County Board of Supervisors Commissioners deem it in the interest of the public health,
safety, morals, convenience, order, prosperity, and welfare of said County and its present and future residents;
and
WHEREAS, the Hall County Board of Supervisors Commissioners has adopted a Comprehensive Development
Plan pursuant to Neb. R. R. S. 1943, Sections 23-114 through 23-114.03, as amended, and known as Hall County
Comprehensive Development Plan, 2004, as amended; and
WHEREAS, the Hall County Planning Commission has recommended the division of the unincorporated areas
of the County into districts and recommended regulations pertaining to such districts consistent with the adopted
Comprehensive Development Plan based on a future land use plan designed to lessen congestion on roads and
highways, to secure safety from fire, panic and other dangers, to provide adequate light and air, to prevent the
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HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 2
overcrowding of land, to avoid undue concentration of population, to conserve agricultural land and values, to
facilitate sewerage, schools, parks, and other public needs; and
WHEREAS, the County Planning Commission has given reasonable consideration, among other things, to the
prevailing agricultural and rural characteristics now predominant in the County, to the character of the districts
and their peculiar suitability for the particular permitted uses, with a reasonable understanding of the objective to
conserve the value of lands and improvements while encouraging the development of the most appropriate uses
of land throughout the County; and
WHEREAS, the County Planning Commission has made a preliminary report, held public hearings, submitted its
recommended final report to the County Board of Supervisors Commissioners; and the County Board of
Supervisors Commissioners have given due public notice of hearings relating to the Comprehensive
Development Plan, to the zoning districts, regulations, subdivision regulations, and restrictions, and has held
such public hearing; and
WHEREAS, The County Board of Supervisors Commissioners have deemed it necessary to adopt the
Comprehensive Development Plan, the zoning districts, regulations, subdivision regulations, and restrictions for
the purpose of the conservation of the existing rural agricultural developments and land uses, of providing for the
harmonious development and orderly expansion of urban areas radiating outwardly from existing rural
communities, for the orderly extension and planned arrangements of county roads, utilities, for adequate sanitary
facilities, for safe and health drinking water, and for reducing flood damage potentials; and
WHEREAS, the requirements of Neb. R.R.S. 1943, Section s 23-114 through 23-124.05, Sections 23-164
through 23-174, and Section 23-174.02, as amended, with regard to the recommendations of the Planning
Commission, the Comprehensive Development Plan, the zoning districts, regulations, subdivision regulations
and restrictions and the subsequent action of the County Board of Supervisors Commissioners have been met;
NOW THEREFORE BE IT RESOLVED BY THE COUNTY BOARD OF Supervisors COMMISSIONERS OF
HALL COUNTY, NEBRASKA.
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ARTICLE 1: GENERAL PROVISIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 3
ARTICLE 1: GENERAL PROVISIONS
Section 1.01 Short Title
This Resolution shall be known, cited, and referred to as the "Zoning Regulations of Hall County, Nebraska."
Section 1.02 Publication
This Resolution shall be published in book or pamphlet or digital form together with the zoning district map or
maps being a part hereof, and copies shall be filed with the County Clerk of Hall County.
Section 1.03 When Effective
This Resolution shall be in full force and effect from and after its public hearings, adoption, publications, and
filing as provided by the Nebraska R. R. S., 1943, Sections 23-114.03 to 23-114.05 and 23-164 to 23-174.06.
Section 1.04 Conflicts
All Resolutions or parts of Resolutions in conflict herewith are hereby repealed.
Section 1.05 Intent and Purpose
This Resolution is a new revised regulation for Hall County and is consistent with the Hall County
Comprehensive Development Plan and designed for the purpose of promoting the health, safety, morals,
convenience, order, prosperity, and welfare of the present and future inhabitants of Hall County, including,
among others, such purposes as developing both urban and non-urban areas; lessening congestion in streets,
roads, and highways; reducing the waste of excessive amounts of roads; securing safety from fire and other
dangers; lessening or avoiding the hazards to persons and damage to property resulting from the accumulation or
runoff of storm or flood waters; providing adequate light and air; preventing excessive concentration of
population and excessive and wasteful scattering of population or settlement; promoting such distribution of
population, such classification of land uses, and such distribution of land development as will assure adequate
provisions for transportation, water flowage, water supply, drainage, sanitation, recreation, soil fertility, food
supply, and other public requirements; protecting the tax base; protecting property against blight and
depreciation; securing economy in governmental expenditures; fostering the state's agriculture, recreation, and
other industries; encouraging the most appropriate use of land in the county, preserving, protecting, and
enhancing historic buildings, places, and districts. These regulations have been made with reasonable
consideration, among other things, to the character of the district, and its peculiar suitability for encouraging the
most appropriate use of land throughout the unincorporated portions of Hall County, Nebraska.
Section 1.06 Comprehensive Development Plan Relationship
These zoning regulations are designed to implement various elements of the Comprehensive Development Plan
as required by state statutes. Any amendment to the district regulations or map shall conform to the
Comprehensive Development Plan adopted by the governing body.
Section 1.07 Jurisdiction
The provisions of this Resolution shall apply to unincorporated areas of Hall County except that portion thereof
over which cities or villages have been permitted to extend and are exercising zoning jurisdiction; and
furthermore at such time as a city or village adopts a Resolution or Ordinance to exercise zoning or control over
an unincorporated area, its regulations shall supersede those of Hall County.
Section 1.08 Highest Standard
Whenever the regulations of this Resolution impose or require higher standards than are required in any other
statute, local Regulations, or regulation, the provisions of the regulations made under authority of this Resolution
as provided by the cited Nebraska R. R. S., 1943 sections shall govern.
Section 1.09 General
The zoning regulations set forth by this Resolution within each district shall be minimum regulations applicable
uniformly to each class or kind of building, structure, or land, except as may hereinafter be provided.
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ARTICLE 1: GENERAL PROVISIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 4
Section 1.10 Interpretation
In interpreting and applying the provisions of these regulations, they shall be held to be the minimum
requirements for the promotion of public safety, health, convenience, comfort, moral, prosperity, and general
welfare. It is not intended by these regulations to interfere with or abrogate or annul any easements, covenants or
other agreements between the parties, except that if these regulations impose a greater restriction, these
regulations shall control.
Section 1.11 Scope of Regulations
No building, structure, or land in the unincorporated areas, excluding the portion of unincorporated areas over
which cities and village are granted and are exercising zoning jurisdiction in Hall County shall hereafter be used
or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed,
moved, or structurally altered, except in conformity with the provisions of this Resolution herein specified for
the district in which it is located and except after receiving a zoning permit from the Hall County Zoning
Administrator and:
1. Every building hereafter erected shall be located on a lot of record.
2. Only one principal building will be permitted on one lot of record, except in a Planned Development.
3. In a Planned Development, before a zoning permit can be granted, an application for a Zoning
Compliance Certificate shall be submitted for approval.
4. After a county road has been classified as a minimum maintenance road or is an unimproved road, no
permits for residential dwellings, Mobile home, or manufactured home shall be issued for construction
on any property adjoining such classified road.
Section 1.12 Zoning Standards
No building, structure, or part thereof shall hereafter be erected or altered that is not in compliance with these
regulations, unless a variance is granted:
1. To reduce any required yard setbacks
2. To exceed the height or bulk
3. To occupy a greater percentage of lot area
4. To erect or place any building, or structure, or part thereof into any zoning district to be used or
occupied
5. To relocate or transport any building, structure, or part thereof into any zoning district to be used or
occupied
6. To accommodate or house a greater number of families
7. No part of a yard or other open space required in connection with any building, occupancy, or use for
the purpose of complying with these regulations shall be included in the calculations to determine the
size of area necessary to accommodate the off-street parking and loading space requirements.
Section 1.13 Planning Commission Recommendations
Pursuant to Section 23-114.01 et. seq., (Nebraska Reissue Revised Statutes, 1943), 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 County Board of Supervisors Commissioners shall not hold its public hearings
or take action until it has received the final report of the Commission.
Section 1.14 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 County at least one (1)
time ten (10) days prior to such hearing.
Section 1.15 Fees
All fees for any zoning and subdivision action shall be adopted by the County Board of Supervisors
Commissioners by separate Resolution.
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ARTICLE 2: CONSTRUCTION AND DEFINITIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 5
ARTICLE 2: CONSTRUCTION AND DEFINITIONS
Section 2.01 Construction and General Terminology
For the purpose of carrying out the intent of this Resolution, words, phrases, and terms shall be deemed to have
the meaning ascribed to them. When not inconsistent with the context, words used in the present tense include
the future; words in the singular include the plural and those in the plural include the singular; "or" includes
"and", and "and" includes "or"; and the masculine gender shall include the feminine.
2.01.01 The word "Assessor" shall mean the County Assessor of Hall County.
2.01.02 The words "Board" shall mean the Board of Supervisors Commissioners of Hall County.
2.01.03 The words "Board of Supervisors Commissioners " shall mean the Board of Supervisors
Commissioners of Hall County.
2.01.04 The word "Building" includes the word "Structure," but shall not include "Temporary Structures".
2.01.05 The word "Commission" shall mean the Planning Commission of Hall County.
2.01.06 The word "County" shall mean Hall County.
2.01.07 The words "County Register" shall mean the County Register of Deeds of Hall County.
2.01.08 The word "Federal" shall mean the Government of the United States of America.
2.01.09 The word "Shall" is mandatory; and the word "may" is permissive.
2.01.10 The word "State" shall mean the State of Nebraska.
2.01.11 The word "used" includes the words "arranged for, designed for, occupied or intended to be occupied
for."
2.01.12 The words "Zoning Map" shall mean the Official Zoning Map of Hall County.
2.01.13 The “Director” shall mean the Planning Director for the Hall County Regional Planning Department.
2.01.14 The word "Inspector" shall mean the Building Inspector of Hall County.
2.01.15 The word "Resolution" shall mean the Zoning Regulation of Hall County.
2.01.16 The word "Comprehensive Plan" shall mean the Hall County Comprehensive Development Plan.
Section 2.02 Abbreviations and Acronyms
For purposes of this Resolution this section contains a listing of abbreviations and acronyms used throughout this
document.
AU = Animal Unit
CAFO = Confined Animal Feeding Operation
FCC = Federal Communication Commission
kV = Kilovolt
kW = Kilowatt
LFO = Livestock Feeding Operation
NDEQ = Nebraska Department of Environmental Quality or successor department
R.O.W. = right-of-way or rights-of-way
USDA = United States Department of Agriculture
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ARTICLE 2: CONSTRUCTION AND DEFINITIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 6
Section 2.03 Definition of Terms
Section 2.03A
2.03.01 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.
2.03.02 ABUT, ABUTTING shall mean to border on, being contiguous with or have property or district lines
in common, including property separated by an alley
2.03.03 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.
2.03.04 ACCESSORY BUILDING shall mean any detached subordinate building that serves a function
customarily incidental to that of the main building or main use of the premises. Customary accessory
building includes farm buildings, garages, carports, and small storage sheds.
2.03.05 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.
2.03.06 ACCESSORY STRUCTURE shall mean a detached subordinate structure located on the same lot
with the principal structure, the use of which is incidental and accessory to that of the principal
structure.
2.03.07 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.
2.03.08 ACRE shall mean a full acre containing 43,560 square feet of area within the property lines of a lot or
parcel.
2.03.09 ACREAGE shall mean any tract or parcel of land that does not qualify as a farm or development.
2.03.10 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".
2.03.11 ADULT BOOKSTORE OR ADULT VIDEO STORE shall mean a commercial establishment which,
as one of its principal business activities, offers for sale or rental for any form of consideration any one
or more of the following: books, magazines, periodicals or other printed matter, or photographs, films,
motion pictures, video cassettes, compact discs, digital video discs, slides, or other visual
representations which are characterized by their emphasis upon the display of “specified sexual
activities” or “specified anatomical areas.” A “principal business activity” exists where the commercial
establishment meets any one or more of the following criteria:
1. At least 35% of the establishment’s displayed merchandise consists of said items, or
2. At least 35% of the retail value (defined as the price charged to customers) of the establishment’s
displayed merchandise consists of said items, or
3. At least 35% of the establishment’s revenues derive from the sale or rental, for any form of
consideration, of said items, or
4. The establishment maintains at least 35% of its floor area for the display, sale, and/or rental of said
items (aisles and walkways used to access said items, as well as cashier stations where said items
are rented or sold, shall be included in “floor area” maintained for the display, sale, or rental of said
items); or
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ARTICLE 2: CONSTRUCTION AND DEFINITIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 7
5. The establishment maintains at least five hundred square feet (500 sq. ft.) of its floor area for the
display, sale, and/or rental of said items (aisles and walkways used to access said items, as well as
cashier stations where said items are rented or sold, shall be included in “floor area” maintained for
the display, sale, or rental of said items); or
6. The establishment regularly offers for sale or rental at least two thousand (2,000) of said items; or
7. The establishment maintains an “adult arcade,” which means any place to which the public is
permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or
mechanically controlled still or motion picture machines, projectors, or other image-producing
devices are regularly maintained to show images to five or fewer persons per machine at any one
time, and where the images so displayed are characterized by their emphasis upon matter exhibiting
“specified sexual activities” or “specified anatomical areas.”
2.03.12 ADULT CABARET shall mean a nightclub, bar, restaurant, or similar establishment that regularly
features live performances that are characterized by the exposure of specified anatomical areas or by
specified sexual activities or films, motion pictures, video cassettes, slides, or other photographic
reproductions in which more than 10 percent of the total presentation time is devoted to the showing of
material that is characterized by any emphasis upon the depiction of specified sexual activities or
specified anatomical areas.
2.03.13 ADULT COMPANIONSHIP ESTABLISHMENT shall mean an establishment which provides the
service of engaging in or listening to conversation, talk or discussion between an employee of the
establishment and a customer, if such service is distinguished or characterized by an emphasis on
"specified sexual activities" or "specified anatomical areas."
2.03.14 ADULT ESTABLISHMENT shall mean an “adult bookstore or adult video store,” an “adult lounge,” an
“adult motion picture theater,” or an “adult paraphernalia store.”
2.03.15 ADULT HOTEL OR MOTEL shall mean a hotel or motel from which minors are specifically
excluded from patronage and wherein material is presented which is distinguished or characterized by
an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified
anatomical areas."
2.03.16 ADULT LOUNGE shall mean a nightclub, bar, juice bar, restaurant, bottle club, or similar commercial
establishment that regularly offers live, semi-nude conduct. No establishment shall avoid classification
as an adult lounge by offering nudity.
2.03.17 ADULT MASSAGE PARLOR, HEALTH CLUB shall mean a massage parlor or health club which
restricts minors by reason of age, and which provides the services of massage, if such service is
distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical
areas."
2.03.18 ADULT MINI-MOTION PICTURE THEATER shall mean a business premises within an enclosed
building with a capacity for less than 50 persons used for presenting visual-media material if such
business as a prevailing practice excludes minors by virtue of age, or if said material is distinguished or
characterized by an emphasis on the depiction or description of "specified sexual activities" or
"specified anatomical areas" for observation by patrons therein.
2.03.19 ADULT MOTION PICTURE ARCADE shall mean any place to which the public is permitted or
invited wherein coin or slug-operated or electronically, electrically or mechanically controlled still or
motor picture machines, projectors or other image-producing devices are maintained to show images to
five or fewer persons per machine at any one time, and where the images so displayed are distinguished
or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified
anatomical areas."
2.03.20 ADULT MOTION PICTURE THEATER shall mean a commercial establishment to which the
public is permitted or invited wherein an image-producing device is regularly maintained to show
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ARTICLE 2: CONSTRUCTION AND DEFINITIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 8
images to more than five persons at any one time, and where the images so displayed are characterized
by their emphasis upon “specified sexual activities” or “specified anatomical areas.”
2.03.21 ADULT NOVELTY BUSINESS shall mean a business which has as a principal activity the sale of
devices which simulate human genitals or devices, which are designed for sexual stimulation.
2.03.22 ADULT PARAPHERNALIA STORE shall mean a commercial establishment that regularly offers
100 or more sexual devices for sale. This definition shall not be construed to include any establishment
located within an enclosed regional shopping mall. For purposes of this definition, “sexual device”
means any three (3) dimensional object designed for stimulation of the male or female human genitals,
anus, buttocks, female breast, or for sadomasochistic use or abuse of oneself or others and shall include
devices commonly known as dildos, vibrators, penis pumps, cock rings, anal beads, butt plugs, nipple
clamps, and physical representations of the human genital organs. “Sexual device” shall not be
construed to include devices primarily intended for protection against sexually transmitted diseases or
for preventing pregnancy.
2.03.23 ADULT SAUNA shall mean a sauna which excludes minors by reason of age, or which provides a
steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam
or hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna is distinguished
or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."
2.03.24 ADVERTISING STRUCTURE shall mean any notice or advertisement, pictorial or otherwise, and all
such structures used as an outdoor display, regardless of size and shape, for the purposes of making
anything known, the origin or place of sale of which is not on the property with such Advertising
Structure.
2.03.25 AESTHETIC ZONING shall mean zoning to accomplish a standard of exterior architectural appeal
and/or neighborhood harmony.
2.03.26 AGRICULTURAL AND FARM BUILDINGS AND STRUCTURES shall mean any building or
structure which is necessary or incidental to the normal conduct of a farm including but not limited to
residence of the operator, residence of hired men, barns, buildings and sheds for housing livestock,
poultry and farm machinery, buildings for the storage or shelter of grain, hay and other crops, silos,
windmills and water storage tanks.
2.03.27 AGRICULTURAL OPERATIONS (see “Farming”)
2.03.28 AGRICULTURE shall mean the use of land for agricultural purposes, of obtaining a profit by raising,
harvesting, and selling crops or by the feeding, breeding, management, and sale of, or the produce of,
livestock, poultry, fur-bearing animals, or honeybees, or for dairying and the sale of dairy products, or
any other agricultural or horticultural use. Agricultural use shall not be construed to include any parcel
of land of less than twenty acres or any non-agricultural commercial or industrial development.
2.03.29 AIRPORT shall mean any area which is used or is intended to be used for the taking off and landing of
aircraft, including helicopters, and any appurtenant areas which are used or are intended to be used for
airport buildings or facilities, including open spaces, taxiways, and tie-down areas.
2.03.30 AIRPORT HAZARD ZONE consists of Operation Zones, Approach Zones, Turning Zones and
Transition Zones. The outer boundary of the Hazard Zone is composed of a series of connected tangents
and simple curves that also constitute the outer boundaries of the Approach and Turning Zones.
2.03.31 ALLEY shall mean a minor public service street or public thoroughfare 20 feet or less in width,
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.
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ARTICLE 2: CONSTRUCTION AND DEFINITIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 9
2.03.32 ALTERATION shall mean any change, addition or modification in construction or occupancy of an
existing structure.
2.03.33 ALTERATION, STRUCTURAL (see Structural Alteration)
2.03.34 AMENDMENT shall mean a change in the wording, context, or substance of this Regulation, an
addition or deletion or a change in the district boundaries or classifications upon the zoning map.
2.03.35 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.
2.03.36 AMUSEMENT PARK shall mean a facility, primarily outdoors, that may include structures and
buildings, where there are various devices for entertainment, including rides, booths for the conduct of
games or sale of items, buildings for shows and entertainment, and restaurants and souvenir sales.
2.03.37 ANIMAL HOSPITAL shall mean a place where animals or pets are given medical or surgical
treatment and are cared for during the time of treatment. Use as a kennel shall be limited to short-time
boarding and shall be only incidental to such hospital use.
2.03.38 ANIMAL UNIT (see Livestock Feeding Operation)
2.03.39 ANIMALS, DOMESTIC (see Household Pet)
2.03.40 ANIMALS, FARM shall mean livestock associated with agricultural operation, commonly kept or
raised as a part of a agricultural operation including but not limited to horses, cattle, sheep, swine,
goats, chickens and turkeys.
2.03.41 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.)
2.03.42 ANTIQUE SHOPS shall mean a place offering primarily antiques for sale. An antique for the purpose
of this Resolution shall be a work of art, piece of furniture, decorative object, or the like, of belonging
to the past, at least 30 years old.
2.03.43 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.)
2.03.44 APARTMENT HOTEL shall mean a multiple family dwelling under resident supervision which
maintains an inner lobby through which all tenants must pass to gain access to the apartments and
which may furnish services ordinarily furnished by hotels, such as drug store, barber shop, beauty
parlor, shoeshine shop, cosmetologists shop, cigar stand or newsstand, when such uses are located
entirely within the building with no entrance from the street nor visible from any public sidewalk, and
having no sign or display visible from the outside of the building indicating the existence of such use.
2.03.45 APARTMENT HOUSE (see Dwelling, Multiple Family)
2.03.46 APPEARANCE shall mean the outward aspect visible to the public.
2.03.47 APPROPRIATE shall mean the sympathetic, or fitting, to the context of the site and the whole
community.
2.03.48 APPURTENANCES shall mean the visible, functional objects accessory to and part of buildings.
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ARTICLE 2: CONSTRUCTION AND DEFINITIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 10
2.03.49 AQUIFER shall mean a geological unit in which porous and permeable conditions exist and thus are
capable of bearing and producing usable amounts of water.
2.03.50 AQUIFER RECHARGE AREA shall mean an area that has soils and geological features that are
conducive to allowing significant amounts of surface water to percolate into groundwater.
2.03.51 ARCHITECTURAL CHARACTER (see Architectural Concept)
2.03.52 ARCHITECTURAL CONCEPT shall mean the basic aesthetic idea of a building, or group of
buildings or structures, including the site and landscape development that produces the architectural
character.
2.03.53 ARCHITECTURAL FEATURE shall mean a prominent or significant part or element of a building,
structure, or site. Architectural features may include special lines, massing, and/or texture.
1. LINES shall mean visual elements of the building, either within the façade or on the building
edge, which are in a linear form either horizontally or vertically and may be composed of
masonry, glass, or other related materials.
2. MASS shall pertain to the volume, bulk of a building or structure.
3. TEXTURE shall mean the quality of a surface, ranging from mirror finish, smooth, to coarse
and unfinished.
2.03.54 ARCHITECTURAL STYLE shall mean the characteristic form and detail, as of buildings of a
particular historic period.
2.03.55 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.
2.03.56 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.
2.03.57 ATTACHED PERMANENTLY shall mean attached to real estate in such a way as to require
dismantling, cutting away, unbolting from permanent foundation or structural change in such structure
in order to relocate it to another site.
2.03.58 ATTRACTIVE shall mean having qualities that arouse interest and pleasure in the observer.
2.03.59 AUTOMATIC TELLER MACHINE (ATM) shall mean an automated device that performs banking
or financial functions at a location remote from the controlling financial institution.
2.03.60 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.
Section 2.03B
2.03.61 BALLROOM shall mean a place or hall used for dancing, other than those listed under the definition
of “Adult Cabaret”. Ballrooms shall also be used for reunions, weddings and receptions.
2.03.62 BAR shall mean any establishment whose principal business is serving alcoholic beverages at retail for
consumption on the premises. (Also, see Nightclub.)
2.03.63 BASEMENT shall mean a building space partly underground, and having at least one-half (1/2) of its
height, measuring from its floor to its ceiling, above the average adjoining finished ground grade line.
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HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 11
2.03.64 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.
2.03.65 BED and BREAKFAST INN shall mean a house, or portion thereof, where short-term lodging rooms
and meals are provided. The operator of the inn shall live on the premises.
2.03.66 BEDROOM shall mean a room within a dwelling unit planned and intended for sleeping, separable
from other rooms by a door.
2.03.67 BERM shall mean a raised form of earth to provide screening or to improve the aesthetic character.
2.03.68 BEST INTERESTS OF COMMUNITY shall mean interests of the community at large and not
interest of the immediate neighborhood.
2.03.69 BEST POSSIBLE MANAGEMENT PRACTICES shall mean livestock management techniques and
practices as set forth by various agencies, including the Nebraska Department of Environmental
Quality, that encourage and protect the environment and public.
2.03.70 BILLBOARD (see Sign, Billboard)
2.03.71 BLOCK shall mean a parcel of land platted into lots and bounded by public streets or by waterways,
right-of-ways, unplatted land, City-County boundaries, or adjoining property lines.
2.03.72 BLOCK FRONTAGE shall mean that section of a block fronting on a street between two intersecting
streets or other block boundary.
2.03.73 BOARD OF ADJUSTMENT shall mean that board that has been created by the county and which has
the statutory authority to hear and determine appeals, interpretations of, and variances to the zoning
regulations.
2.03.74 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.
2.03.75 BORROW PIT shall mean any place or premises where dirt, soil, sand, gravel or other material is
removed below the grade of surrounding land for any purpose other than that necessary and incidental
site grading or building construction.
2.03.76 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.
2.03.77 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.
2.03.78 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,
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HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 12
Figure 2.03-1: Building Height Measurements
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.
2.03.76 BROADCASTING TOWER shall mean a structure for the transmission or broadcast of radio,
television, radar, or microwaves which exceeds the maximum height permitted in the district in which it
is located; provided, however, that noncommercial radio towers not exceeding fifty (50) feet in height
shall not be considered broadcast towers.
2.03.77 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.)
2.03.78 BUFFER ZONE shall mean an area of land that separates two zoning districts and/or land uses that
acts to soften or mitigate the effects of one use on the other.
2.03.79 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 "Temporary Structure". Trailers, with or without wheels, shall not be considered as buildings.
2.03.80 BUILDING, ACCESSORY (see Accessory Building)
2.03.81 BUILDING, AREA OF shall mean the sum in square feet of the ground areas occupied by all
buildings and structures on a lot.
2.03.82 BUILDING CODE shall mean the various codes of the County that regulate construction and requires
building permits, electrical permits, mechanical permits, plumbing permits, and other permits to do
work regulated by the adopted building code of the County, and other codes adopted by the County that
pertain to building construction.
2.03.83 BUILDING HEIGHT shall mean the vertical distance above grade to the highest point of the coping
of a flat roof or to the deck line of a mansard roof, or to the average height of the highest gable of a
pitched, hipped, or shed roof, measured from the highest adjoining sidewalk or ground surface within a
five (5) foot horizontal distance at the exterior wall of the building. (see Figure 2.03-1)
2.03.84 BUILDING INSPECTOR shall mean the Building Inspector for Hall County, Nebraska.
2.03.85 BUILDING PRINCIPAL shall mean a building within which the main or primary use of the lot or
premises is located. (Also, see Use, Principal.)
2.03.86 BUILDING SETBACK LINE shall mean
the minimum of distance as prescribed by this
regulation between any property line and the
closed point of the building line or face of any
building or structure related thereto.
Section 2.03C
2.03.87 CAMPGROUND shall mean a parcel of land
intended for the temporary occupancy of
tents, campers, and major recreational
vehicles and which primary purpose is
recreational, having open areas that are
natural in character.
2.03.88 CAR WASH shall mean a building or
structure or an area of land with machine or
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HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 13
hand operated facilities for the cleaning, washing, polishing, or waxing of motor vehicles, not including
semi-trailer tractors, buses, and commercial fleets.
2.03.89 CAR WASH, INDUSTRIAL shall mean a mechanical facility for the washing, waxing and vacuuming
of heavy trucks and buses.
2.03.90 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.
2.03.91 CELLAR shall mean a building space having more than one-half (1/2) of its height below the average
adjoining grade lines.
2.03.92 CEMETERY shall mean land used or intended to be used for the burial of the dead and dedicated for
such purposes, including columbariums, crematoriums, and mausoleums.
2.03.93 CENTERLINE shall have the same meaning as "Street or Road Center Line".
2.03.94 CENTRALIZED SEWER shall mean a sewer system established by an individual(s), sanitary
improvement district or developer for the purpose of serving two (2) or more buildings, structures,
and/or uses. Said system shall have a central point of sanitary waste collection and processing.
2.03.95 CENTRALIZED WATER shall mean a water supply system established by an individual(s), sanitary
improvement district or developer for the purpose of serving two (2) or more buildings, structures
and/or uses. Said system shall have a central point(s) of supply with pressurized distribution from said
supply point(s).
2.03.96 CHANNEL shall mean the geographical area within either the natural or artificial banks of a
watercourse or drainageway.
2.03.97 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.
2.03.98 CHILD CARE shall mean the provision of care as follows:
1. To four (4) or more children under age 13 at any time of families other than that of the provider;
2. For on the average of less than 12 hours per day;
3. For compensation, either indirect or direct;
4. On a regular basis; and
5. By a person other than their parents/guardians.
2.03.99 CHILD CARE CENTER shall mean a facility licensed to provide child care for 13 or more children.
In addition to these regulations, Child Care Centers shall meet all requirements of the State of
Nebraska.
2.03.100 CHURCH shall mean a permanently located building commonly used for religious worship fully
enclosed with walls (including windows and doors) and having a roof and conforming to applicable
legal requirements.
2.03.101 CLEAR VIEW ZONE shall mean the area of a corner lot closest to the intersection that is kept free of
visual impairment to allow full view of both pedestrian and vehicular traffic. (Also see Sight Triangle.)
2.03.102 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.
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ARTICLE 2: CONSTRUCTION AND DEFINITIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 14
2.03.103 CLUSTER DEVELOPMENT shall
mean a development designed to
concentrate buildings in specific areas
on a site to allow the remaining land to
be used for recreation, common open
space, and the preservation of
environmentally sensitive areas.
2.03.104 COMMERCIAL FEEDING
OPERATION (See Livestock Feeding
Operation)
2.03.105 COMMERCIAL USES shall mean a
business use or activity at a scale greater
than home industry involving retail or
wholesale marketing of goods and
services. Examples of commercial uses
include offices and retail shops.
2.03.106 COMMISSION shall mean the Hall County Regional Planning Commission.
2.03.107 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 Plan Unit Development (PUD) or condominium development.
2.03.108 COMMON OPEN SPACE shall mean an area of land or water or combination thereof planned for
passive or active recreation, but does not include areas utilized for streets, alleys, driveways or private
roads, off-street parking or loading areas. However, the area of recreational activities such as swimming
pools, tennis courts, shuffleboard courts, etc., may be included as common open space.
2.03.109 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.
2.03.110 COMMUNITY SANITARY SEWER SYSTEM shall mean an approved central sewer collecting
system, meeting state and county requirements, available to each platted lot and discharging into a
treatment facility. This does not include individual septic systems.
2.03.111 COMMUNITY WATER SUPPLY SYSTEM shall mean a public water supply system which serves
at least fifteen service connections used by year round residents or uses, or regularly serves 25 or more
year round residents or uses.
2.03.112 COMPATIBLE USES shall mean a land use that is congruous with, tolerant of, and has no adverse
effects on existing neighboring uses. Incompatibility may be affected by pedestrian or vehicular traffic
generation, volume of goods handled and environmental elements such as noise, dust, odor, air
pollution, glare, lighting, debris generated, contamination of surface or ground water, aesthetics,
vibration, electrical interference, and radiation.
2.03.113 COMPREHENSIVE DEVELOPMENT PLAN shall mean the Comprehensive Development Plan of
Hall County, Nebraska, as adopted by the County Board of Supervisors Commissioners, setting forth
policies for the present and foreseeable future community welfare as a whole, and meeting the purposes
and requirements set forth in Section 23-174.05, Nebraska R.R.S. 1943, as the same may, from time-to-
time, be amended.
Figure 2.03-1: Example of a Cluster Subdivision
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ARTICLE 2: CONSTRUCTION AND DEFINITIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 15
2.03.114 CONDITIONAL USE shall mean a use allowed by the district regulations that would not be
appropriate generally throughout the entire zoning district without special restrictions. However, said
use if controlled as to number, size, area, location, relation to the neighborhood or other minimal
protective characteristics would not be detrimental to the public health, safety, and general welfare.
2.03.115 CONDITIONAL USE PERMIT shall mean a permit issued by the County Board that authorizes the
recipient to make conditional use of property in accordance with the provisions of Article 5 and any
additional conditions placed upon, or required by said permit.
2.03.116 CONDOMINIUM shall be as defined in Section 76-824 - 76-894, Nebraska R.R.S. 1943, as the same
may, from time-to-time, be amended, the Condominium Law. whereby four or more apartments are
separately offered for sale.
2.03.117 Reserved for Future Use
2.03.118 Reserved for future use
2.03.119 CONFINEMENT shall mean totally roofed buildings, which may be open-sided (for ventilation
purposes only) or completely enclosed on the sides, wherein animals or poultry are housed over solid
concrete or dirt floors, or slatted (partially open) floors over pits or manure collection areas in pens,
stalls, cages, or alleys, with or without bedding materials and mechanical ventilation. The word
"confinement" shall not mean the temporary confined feeding of livestock during seasonal adverse
weather.
2.03.120 CONFLICTING LAND USE shall mean the use of property that transfers over neighboring property
lines, negative economic or environmental effects. Including, but not limited to, noise, vibration, odor,
dust, glare, smoke, pollution, water vapor, mismatched land uses and/or density, height, mass,
mismatched layout of adjacent uses, loss of privacy, and unsightly views.
2.03.121 CONGREGATE HOUSING shall mean a residential facility for people 55 years or over, their
spouses, or surviving spouses, providing living and sleeping facilities. Said facilities might include 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 unit
in the residential facility. (Also, see Housing for the Elderly.)
2.03.122 CONSERVATION AREAS shall mean environmentally sensitive and valuable lands protected from
any activity that would significantly alter their ecological integrity, balance or character, except in
overriding public interest, including but not limited to: wetlands, floodways, flood plains, drainage
ways, river or stream banks, and areas of significant biological productivity or uniqueness.
2.03.123 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.
2.03.124 CONVENIENCE STORE shall mean a one-story, retail store containing less than 2,000 square feet of
gross floor area that is designed and stocked to sell primarily food, beverages, and other household
supplies to customers who purchase only a relatively few items (in contrast to a "supermarket.") It is
dependent on, and is designed to attract and accommodate large volumes of stop-and-go traffic. (Also,
see Self-Service Station.)
2.03.125 CONTIGUOUS shall mean the same as "Abut".
2.03.126 COUNTRY CLUB shall mean buildings and facilities owned and operated by a corporation or
association of persons for social and recreational purposes, but not operated for a profit. The affairs and
management, of such club, are conducted by a board of directors, executive committee, or similar body
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ARTICLE 2: CONSTRUCTION AND DEFINITIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 16
chosen by the members. It is designed to serve food and alcoholic beverages on such premises to
members and their guests, provided that the serving of food and alcoholic beverages is secondary to
some other principal purpose of the association or corporation. Customary country clubs include, but
are not limited to: swimming, tennis, and golf course country clubs.
2.03.127 COUNTY shall mean Hall County, Nebraska.
2.03.128 COUNTY BOARD shall mean the County Board of Supervisors Commissioners of Hall County,
Nebraska.
2.03.129 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 buildings.
2.03.130 COURT, INNER shall mean a court enclosed on all sides by the exterior walls of a building or
buildings.
2.03.131 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.
2.03.132 CUL-DE-SAC shall mean a short public way that has only one outlet for vehicular traffic and
terminates in a vehicular turn-around.
2.03.133 CURB LEVEL shall mean the mean level of the curb in front of the lot, or in case of a corner lot, along
that abutting street where the mean curb level is the highest.
2.03.134 CURVE LOT (see Lot, Curve).
Section 2.03D
2.03.135 DAIRY FARM shall mean any place or premises upon which milk is produced for sale or other
distribution.
2.03.136 DANCE HALL (see Ballroom)
2.03.137 DENSITY shall mean the number of dwelling units per gross acre of land.
2.03.138 DEVELOPER shall mean any person, corporation, partnership, or entity that is responsible for any
undertaking that requires a building or zoning permit, conditional use permit or sign permit.
2.03.139 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.
2.03.140 DEVELOPMENT AREA shall mean an area of land that may or may not have been subdivided that
contains three (3) or more homes per nine (9) acres.
2.03.141 DEVELOPMENT CONCEPT PLAN (See Site Plan)
2.03.142 DEVELOPMENT REVIEW shall mean the review, by the county of subdivision plats, site plans,
rezoning requests, or permit review.
2.03.143 DOG KENNEL (See Kennel, Commercial; and Kennel, Private)
2.03.144 DOMESTIC ANIMALS (See Household Pet.)
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ARTICLE 2: CONSTRUCTION AND DEFINITIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 17
2.03.145 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.
2.03.146 DRAINAGE WAY 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. In the event of doubt as to whether a depression is a watercourse or drainage way, it shall be
presumed to be a watercourse.
2.03.147 DRIVE-IN FACILITY shall mean an establishment where customers can be served without leaving
the confinement of their vehicle.
2.03.148 DRIVEWAY shall mean any vehicular access to an off-street parking or loading facility.
2.03.149 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.
2.03.150 DUPLEX shall mean the same as "Dwelling, Two (2) Family".
2.03.151 DWELLING shall mean any building or portion thereof which is designed and used exclusively for
single family residential purposes, excluding mobile homes.
2.03.152 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.
2.03.153 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 roller, 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.
2.03.154 DWELLING, MODULAR (Is considered a conventional type single-family dwelling). Any
prefabricated structure, used for dwelling purposes, moved on to a site in an essentially complete
constructed condition, in one or more parts, and when completed is a single family unit on a permanent
foundation, attached to the foundation with permanent connections. To be a modular home it shall meet
or be equivalent to the construction criteria as defined by the Nebraska State Department of Health and
Human Services under the authority granted by Section 71-1555 through 71-1567 Revised Nebraska
R.R.S. 1943, as the same may, from time-to-time, be amended, those that do not meet the above criteria
shall be considered a mobile home.
2.03.155 DWELLING, MULTIPLE 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.
2.03.156 DWELLING, SEASONAL shall mean a dwelling designed and used as a temporary residence and
occupied less than six (6) months in each year.
2.03.157 DWELLING, SINGLE FAMILY a building having accommodations for or occupied exclusively by
one family that meets all the following standards:
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ARTICLE 2: CONSTRUCTION AND DEFINITIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 18
1. The home shall have no less than 900 square feet of floor area, above grade, for single story
construction;
2. The home shall have no less than an 18 foot exterior width;
3. The roof shall be pitched with a minimum vertical rise of two and one-half (2 ½) inches for
each 12 inches of horizontal run;
4. The exterior material shall be of a color, material and scale comparable with those existing in
residential site-built, single family construction;
5. The home shall have a non-reflective roof material that is or simulates asphalt or wood
shingles, standing seam metal roofing, tile, or rock;
6. The home shall be placed on a continuous permanent foundation and have wheels, axles,
transporting lights, and removable towing apparatus removed, and
7. The home shall meet and maintain the same standards that are uniformly applied to all single-
family dwellings in the zoning district.
8. Permanent foundation: Base on which building rests to be constructed from either poured
concrete or laid masonry block or brick on a footing to be placed a minimum of 42 inches
below the final ground level.
2.03.158 DWELLING, SINGLE-FAMILY (ATTACHED) shall mean a one-family dwelling unit that is
attached to one additional single-family dwelling. Said dwelling units are separated by an unpierced
common wall through the center of the structure that also sits along the property line separating
ownership of the structure.
2.03.159 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.
2.03.160 DWELLING UNIT shall mean one room, or 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.
Section 2.03E
2.03.161 EASEMENT shall mean a space or a lot or parcel of land reserved for or used for public utilities or
public or private uses.
2.03.162 EDUCATIONAL INSTITUTION shall mean a public or nonprofit institution or facility which
conducts regular academic instruction at preschool, kindergarten, elementary, secondary, and collegiate
levels, including graduate schools, universities, junior colleges, trade schools, nonprofit research
institutions and religious institutions. Such institutions must either:
1. Offer general academic instruction equivalent to the standards established by the State Board
of Education; or
2. Confer degrees as a college or university 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,
commercial, or private trade schools are not included in this definition.
2.03.163 EFFECTIVE DATE shall mean the date that this chapter shall have been adopted, amended, or the
date land areas became subject to the regulations contained in this chapter as a result of such adoption
or amendment.
2.03.164 ELECTRIC DISTRIBUTION SUBSTATION shall mean an electric substation with a primary
voltage of less than 161 KV, with distribution circuits served.
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ARTICLE 2: CONSTRUCTION AND DEFINITIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 19
2.03.165 ELECTRIC TRANSMISSION SUBSTATION shall mean an electric transformation or switching
station with a primary voltage of more than 161 KV without distribution circuits served.
2.03.166 ELEEMOSYNARY INSTITUTIONS shall mean an institution supported by charity and designed to
assist persons such as those recovering from mental or emotional illness.
2.03.167 ENCROACHMENT shall mean an advancement or intrusion beyond the lines or limits as designated
and established be the Regulation, and to infringe or trespass into or upon the possession or right of
others without permission.
2.03.168 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.
2.03.169 ERECTED shall mean constructed upon or moved onto a site.
2.03.170 ENVIRONMENTALLY CONTROLLED HOUSING shall mean any livestock operation meeting
the definition of a Livestock Feeding Operation (LFO) and is contained within a building which is
roofed, and may or may not have open sides and contains floors which are hard surfaced, earthen,
slatted or other type of floor. The facility is capable of maintaining and regulating the environment in
which the livestock are kept. Does not include Hoop Houses with dry bedding.
2.03.171 EXISTING AND LAWFUL shall mean the use of a building, structure, or land was in actual
existence, operation, and use, as compared to the use being proposed, contemplated, applied for, or in
the process or being constructed or remodeled. In addition, the use must either have been permitted,
authorized, or allowed by law or any other applicable regulation prior to the enactment of a zoning
regulation when first adopted or permitted, authorized or allowed by the previous zoning regulation
prior to the adoption of an amendment to that zoning regulation.
2.03.172 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.
2.03.173 EXTRATERRITORIAL JURISDICTION shall mean the area beyond the corporate limits, in which
a city or village has been granted the powers by the state to exercise zoning and building regulations
and is exercising such powers.
Section 2.03F
2.03.161 FACADE shall mean the exterior wall of a building exposed to public view from the building's
exterior.
2.03.162 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.
2.03.163 FAMILY 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.
2.03.164 FAMILY CHILD CARE HOME I shall mean a child care operation in the provider’s place of
residence which serves between four (4) and eight (8) children at any one time. A Family Child Care
Home I provider may be approved to serve no more than two (2) additional school-age children during
non-school hours. In addition to these regulations, a Child Care Home shall meet requirement of the
State of Nebraska.
2.03.165 FAMILY CHILD CARE HOME II shall mean a child care operation either in the provider’s place of
residence or a site other than the residence, serving 12 or fewer children at any one time. In addition to
these regulations, a Child Care Home shall meet requirement of the State of Nebraska.
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ARTICLE 2: CONSTRUCTION AND DEFINITIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 20
2.03.166 FARM shall mean an area containing at least 20 acres or more which is used for growing of the usual
farm products such as vegetables, fruit, and grain, and the storage on the area, as well as for the raising
thereon of the usual farm poultry and farm animals. The term farming includes the operating of such
area for one or more of the above uses with the necessary accessory uses for treating or storing the
produce and the feeding of livestock as hereinafter prescribed; provided such accessory uses do not
include the feeding of garbage or offal to swine or other animals.
2.03.167 FARMING shall mean the planting, cultivating, harvesting and storage of grains, hay or plants
commonly grown in Nebraska with the necessary accessory uses for treating or storing the produce and
the feeding of livestock as prescribed hereunder, provided such accessory uses do not include the
feeding of garbage or offal to swine or other animals.
2.03.168 FARMSTEAD, In contrast to a farmstead dwelling, a tract of land of not less than one (1) acre and not
more than 20 acres, upon which a farm dwelling and other outbuildings and barns existed at the time of
the adoption of this resolution and was used for single-family resident purposes.
2.03.169 FEED LOT shall mean the confinement of horses, sheep, pigs, and other food animals in buildings,
lots, pens, pools or ponds which normally are not used for raising crops or for grazing animals.
2.03.170 FLOOD shall mean the water of any watercourse or drainage way which is above the banks or outside
the channel and banks of such watercourse or drainage way.
2.03.171 FLOOD PLAIN shall mean the area adjoining a watercourse which has been or may be covered by
flood waters.
2.03.172 FLOODWAY shall mean the channel of a watercourse or drainage way and those portions of the flood
plain adjoining the channel which are reasonably required to carry and discharge the flood water of any
watercourse or drainage way.
2.03.173 FLOOR AREA shall be used as a basis for requiring off-street parking for any structure; it shall be
assumed that, unless otherwise stated, said floor area applies not only to the ground floor area but also
to any additional stories of said structure. All horizontal dimensions shall be taken from the exterior
faces of walls.
2.03.174 FRONTAGE shall mean that portion of a parcel of property that abuts a dedicated public street or
highway.
2.03.175 FUNERAL HOME shall mean a building or part thereof used for human funeral services. Such
building may contain space and facilities for (1) a funeral chapel; (2) embalming and the performance
of other services used in preparation of the dead for burial; (3) the performance of autopsies and other
surgical procedures; (4) the storage of caskets, funeral urns, and other related funeral supplies; (5) the
storage of funeral vehicles; and (6) facilities for cremation.
Section 2.03G
2.03.176 GARAGE, PRIVATE shall mean a detached accessory building or a portion of a main building on the
same lot as a dwelling for the housing of vehicles of the occupants of the dwelling, including carports.
2.03.177 GARAGE, PUBLIC shall mean any garage other than a private garage.
2.03.178 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.)
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ARTICLE 2: CONSTRUCTION AND DEFINITIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 21
2.03.179 GARBAGE shall mean any waste food material of an animal or vegetable nature, including waste that
may be used for the fattening of livestock.
2.03.180 GRADE shall mean the following:
1. For buildings having walls facing one street only, the elevation of the sidewalk at the center of
the wall facing the street shall be grade.
2. For buildings having walls facing more than one street, the grade shall be the average of the
grades (as defined in A. above) of all walls facing each street.
3. For buildings having no walls facing a street, the average level of the finished surface of the
ground adjacent to the exterior walls of the building shall be grade.
Any wall approximately parallel to and not more than five (5) feet from a street line is considered as
facing a street.
2.03.181 GREENHOUSE shall mean a building or premises used for growing plants, preparation of floral
arrangements for off-site delivery to customers, cold storage of flowers or dry storage of materials used
for agricultural or horticultural purposes.
2.03.182 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.
2.03.183 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.
2.03196a 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 the same manner as other multifamily dwellings in zoning district that permit multifamily
or institutional dwellings.
2.03.184 GROUP HOME FOR THE HANDICAPPED shall mean a dwelling with resident staff shared by
four (4) or more handicapped persons who live together as a single housekeeping unit and in a long
term, family-like environment in which staff persons provide care, education, and participation in
community activities for the residents with the primary goal of enabling the residents to live as
independently as possible in order to reach their maximum potential. As used herein, the term
"handicapped" shall mean having:
1. A physical or mental impairment that substantially limits one or more of such person's major
life activities so that such person is incapable of living independently;
2. A record of having such an impairment; or
3. Being regarded as having such impairment.
2.03.185 GROUP HOUSING shall mean two (2) or more separate buildings on a lot, each containing one or
more dwelling units.
2.03.186 GUEST ROOM shall mean a room which is designed to be occupied by one (1) or more guest for
sleeping purposes, having no kitchen facilities, not including dormitories.
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ARTICLE 2: CONSTRUCTION AND DEFINITIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 22
Section 2.03H
2.03.200 HALF-STORY shall mean a story under a gable, hip or gambrel roof, plates of which are not more
than three (3) feet above the floor of such story.
2.03.201 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.
2.03.202 HAZARDOUS WASTE shall mean waste products of industrial or chemical process including
finished surplus, used, contaminated or unwanted fertilizer, herbicide, petroleum products, or other such
processed waste material.
2.03.203 HEALTH CARE FACILITIES shall mean a facility licensed or approved by the state or an
appropriate agency, if required, used in any of the following:
1. Hospitals including offices or medical societies, offices of charitable public health associations, and
private office space for the practice of medicine and dentistry under a license from the
Department of Health of the State of Nebraska; provided, that any such private offices for the
practice of medicine and dentistry shall be occupied only by those on the staff of the hospital;
2. Convalescent or nursing home;
3. A facility for outpatient physical, occupational, or vocational therapy or rehabilitation;
4. Public health clinics and facilities; and
5. Ambulatory surgical care center which does not allow for overnight stay by patients.
Except as herein provided, health care facilities do not include doctors, or dentists professional offices
and private clinics.
2.03.204 HEALTH CLUB shall mean privately owned for profit facilities such as gymnasiums, athletic clubs,
health clubs, recreational clubs, reducing salons, and weight control establishments.
2.03.205 HEALTH RECREATION FACILITY shall mean an indoor or outdoor facility including uses such as
game courts, exercise equipment, locker rooms, whirlpool spa and/or sauna and pro shop.
2.03.206 HEIGHT OF BUILDING shall mean the vertical distance above grade to the highest point of the
coping of a flat roof, of the peak of a gable roof, or of any other type of pitched, hipped, or mansard
roof. The grade may mean the highest adjoining sidewalk or ground surface within a five (5) foot
horizontal distance of the exterior wall of the building, when such sidewalk or ground surface is not
more than 10 feet above grade. The height of a stepped or terraced building is the maximum height of
any segment of the building.
2.03.207 HIGHWAY, MAJOR INTER-REGIONAL shall mean a "U.S." or "State" designated highway with
100 feet right-of-way or more on which partial control of access and geometric design and traffic
control measures are used to expedite the safe movement of through vehicular traffic.
2.03.208 HIGHWAY SETBACK LINE shall mean the future right-of-way line or plan lines of any highway. A
yard abutting such a highway shall be measured from this future right-of-way line.
2.03.209 HISTORIC SITE shall mean one (1) or more parcels, structures, or buildings that is either: Included
on a city listing of historic properties covered by the city’s historic property overlay zoning district,
included on the state register of historic properties, designated on the National Register of Historic
Places, or authenticated as historic in a survey and report by a registered architect or an architectural
historian and the report accepted by the City. The historic survey and report includes: dating the
property from a specified period, associating the property with significant events or outstanding past
people or groups, determining the distinguishing architectural characteristics or style of the buildings,
and demonstrating the role of the building in the community’s heritage.
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ARTICLE 2: CONSTRUCTION AND DEFINITIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 23
2.03.210 HOLDING POND shall mean an impoundment made by constructing an excavated pit, dam,
embankment, or combination of these for temporary storage of liquid livestock wastes.
2.03.211 HOME OCCUPATION, GENERAL shall mean a business, occupation, trade or profession
conducted for gain and carried on within a residential dwelling by the resident thereof. A business,
occupation or profession, including room and board (maximum of two persons) and child care,
carried on within a residential dwelling and/or the associated accessory buildings thereof,
wherein the use of the residential dwelling unit and/or the accessory buildings for the home
occupation use shall be clearly incidental and subordinate to its use for residential purposes
by the occupants.
2.03.212 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.
2.03.212.1 HOOP HOUSE shall mean a temporary or permanent structure typically constructed with, but not
limited to, piping or other material covered with translucent material. Hoop houses are typically used
for the purpose of growing food, ornamental crops and livestock, but not for storage of inorganic
materials. A hoop house for raising livestock that uses a dry bedding systems shall be treated as an
open feed lot. A hoop house for raising livestock with slatted floor, deep pit or other liquid manure
management system shall be treated as environmentally controlled housing.
2.03.213 HOSPITAL shall mean an institution providing health and emergency services of medical or surgical
nature to human patients and injured persons and are licensed by the state to provide facilities and
services in surgery, obstetrics, and general medical practice.
2.03.214 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, motor hotel.
2.03.215 HOUSE TRAILER (see Dwelling: Mobile Home)
2.03.216 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.
2.03.217 HOUSING FOR THE ELDERLY shall mean a building or group of buildings containing dwellings in
which each dwelling unit is occupied by at least one person of 55 years of age or more. This does not
include developments containing convalescent or nursing facilities. (Also, see Congregate Housing.)
2.03.218 HOUSING FOR THE PHYSICALLY HANDICAPPED shall mean a building containing a dwelling
or a group of dwellings in which each occupied dwelling unit is occupied by at least one physically
handicapped person with a mobility impairment which requires certain construction design features for
ingress, egress, and freedom of movement within the premises.
Section 2.03I
2.03.218.1 IMPACT EASEMENT shall mean an easement or deed restriction recorded in the office of the
County Register of Deeds. Impact easements shall run with the land. Impact easements are an
agreement between property owners where the grantor shall hold the grantee harmless for odor,
smoke, dust, or other legal impacts associated with such use on the grantor’s property when such use
is operated in accordance with the terms of such easement or deed restriction. Eg. The owner of a
home may grant an impact easement to a Livestock Feeding Operation allowing the operation to
expand or locate closer to the home than permitted by the County regulations. Conversely, the owner
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ARTICLE 2: CONSTRUCTION AND DEFINITIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 24
of a Livestock Feeding Operation may grant an impact easement to allow the construction of a house
within the separation distance required between the feeding operation and a new residential structure
under different ownership than the feeding operation.
2.03.219 INCIDENTAL USE shall mean a use that is subordinate to the main use of a premise.
2.03.220 INDIVIDUAL SEPTIC SYSTEM shall mean a wastewater treatment system for a dwelling that has a
septic tank and absorption system.
2.03.221 INDUSTRIAL PARK shall mean a planned coordinated development of a tract of land with two (2) or
more separate industrial buildings. The development is planned, designed, constructed, and managed
on an integrated and coordinated basis with an enforceable master plan and/or covenants, conditions,
and restrictions with special attention to on-site vehicular circulation, parking, utility needs, building
design, and orientation and open space.
2.03.222 INDUSTRIAL USES shall mean an industrial use or activity at a scale greater than home industry
involving the manufacture and distribution of materials and/or products generated from a raw material
or the assemblage of a product from several pre-manufactured pieces.
2.03.223 INDUSTRY shall mean the manufacture, fabrication, processing reduction or destruction of any article,
substance or commodity, or any other treatment thereof in such a manner as to change the form,
character, or appearance thereof and including storage elevators, truck storage yards, warehouses,
wholesale storage and other similar types of enterprise.
2.03.224 INOPERABLE MOTOR VEHICLE shall mean any motor vehicle that:
1. Does not have a current state license plate; or,
2. 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.
2.03.225 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.
2.03.226 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.
Section 2.03J
2.03.187 JUICE BAR (See Adult Establishment.)
2.03.188 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.
2.03.189 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")
Section 2.03K
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ARTICLE 2: CONSTRUCTION AND DEFINITIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 25
2.03.190 KENNEL, BOARDING AND 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.
2.03.191 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.
2.03.192 KENNEL, PRIVATE shall mean any premises used for the keeping of four (4) or less 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.
Section 2.03L
2.03.233 LAGOON shall mean a wastewater treatment facility that is a shallow, artificial pond where sunlight,
bacterial action, and oxygen interact to restore wastewater to a reasonable state of purity. This includes
both human and livestock wastes. All lagoons shall meet the minimum design criteria established by the
Nebraska Department of Environmental Quality and the Nebraska Department of Health and Human
Services. All lagoons shall have the proper permits approved prior to starting construction.
2.03.234 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.
2.03.235 LANDSCAPING shall include the original planting of suitable vegetation in conformity with the
requirements of this Regulation and the continued maintenance thereof.
2.03.236 LAUNDRY, SELF SERVICE shall mean an establishment that provides home-type washing, drying,
and/or ironing facilities for customers on the premises.
2.03.237 LEAPFROG DEVELOPMENT shall mean the development of cheaper land on the urban fringe by
jumping over more expensive land located immediately adjacent to an existing development. Thus,
resulting in inadequate or the lack of support services such as: access to a street system designed to
carry high volume traffic, utilities, and other commercial facilities or public services such as police, fire,
schools, and parks, thus adding to the tax burden of the general public and being an uneconomical
growth pattern to the community or county.
2.03.238 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 Housing for the Elderly.)
2.03.239 LIQUID MANURE shall mean that type of livestock waste that is in liquid form, collected in liquid
manure pits or lagoons and which can be sprayed or injected beneath the surface.
2.03.240 LIQUID MANURE STORAGE PITS shall mean earthen or lined pits wholly or partially beneath a
semi or totally housed (ECH) livestock operation or at some removed location used to collect waste
production.
2.03.241 LIVESTOCK (See Animals, Farm)
2.03.242 LIVESTOCK FEEDING OPERATION (LFO) shall mean any farming operation exceeding the per
acre Animal Unit (A.U.) ratio as defined under “farming” or the feeding, farrowing, or raising cattle,
swine, sheep, poultry, or other livestock, in a confined area where grazing is not possible, and where the
confined area is for more than six (6) months in any one calendar year, and where the number of
animals so maintained exceeds 300 Animal Units as defined below. The confined area of the LFO shall
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ARTICLE 2: CONSTRUCTION AND DEFINITIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 26
include the pens, corrals, sheds, buildings, feed storage areas, waste disposal ponds, and related
facilities. Such facilities shall be constructed and operated in conformance with applicable county,
state, and federal regulations. Two (2) or more LFO's under common ownership are deemed to be a
single LFO if they are adjacent to each other; or if they utilize a common area or system for the disposal
of livestock wastes and are located within the required setback distance based on class size as further
defined within these regulations regardless of ownership.
Animal Units (A.U.) are defined as follows:
One (1) A.U.= One (1) Cow/Calf combination;
One (1) A.U.= One (1) Slaughter, Feeder Cattle;
One (1) A.U.= One-half (1/2) Horse;
One (1) A.U.= Seven Tenths (.7) Mature Dairy Cattle;
One (1) A.U.= Two and One Half (2.5) Swine (55 lbs or more);
One (1) A.U.= Twenty Five (25) Weaned Pigs (less than 55 lbs);
One (1) A.U.= Two (2) Sows with Litters;
One (1) A.U.= Ten (10) Sheep;
One (1) A.U.= One Hundred (100) Chickens;
One (1) A.U.= Fifty (50) Turkeys;
One (1) A.U.= Five (5) Ducks.
2.03.242.1 LIVESTOCK SITING MATRIX shall mean the matrix attached to this zoning resolution as
APPENDIX B as adopted by the Hall County Board of Supervisors Commissioners for the purpose of
determining if a new livestock operation in classes II, III, and IV should be allowed or if an existing
operation should be allowed to expand into classes II, III or IV.
2.03.243 LIVESTOCK WASTES shall mean animal and poultry excreta and associated feed losses, bedding,
spillage, or overflow from watering systems, wash and flushing waters, sprinkling waters from
livestock cooling, precipitation polluted by falling on or flowing onto a livestock operation, and other
materials polluted by livestock or their direct product.
2.03.244 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.
2.03.245 LOCAL STREET OR LOCAL HIGHWAY shall mean a street or road primarily for service to
abutting property.
2.03.246 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 Register
of Deeds and abutting at least
one (1) public street or right-of-
way, two (2) thoroughfare
easements, or one (1) private
road.
2.03.247 LOT AREA shall mean the total
area, on a horizontal plane,
within the lot lines of a lot.
2.03.248 LOT, CORNER shall mean a
lot located at the intersection of
Figure 2.03-3: Examples of Lot Types
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ARTICLE 2: CONSTRUCTION AND DEFINITIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 27
two (2) or more streets at an angle of not more than 135 degrees. If the angle is greater than 135
degrees, the lot shall be considered an "Interior Lot". The setbacks for a front yard shall be met on all
abutting streets.
2.03.249 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.
2.03.250 LOT, CURVE shall mean a lot fronting on the outside curve of the right-of-way of a curved street,
which street has a centerline radius of 300 feet or less.
2.03.251 LOT DEPTH shall mean the horizontal distance between the front and rear lot lines measured in the
mean direction of the side lot lines.
2.03.252 LOT, DOUBLE FRONTAGE shall mean a lot having a frontage on two (2) non-intersecting streets as
distinguished from a corner lot.
2.03.253 LOT, FLAG shall mean a lot with frontage and access provided to the bulk of the lot by means of a
narrow corridor, see diagram above.
2.03.254 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.
2.03.255 LOT, INTERIOR shall mean a lot other than a corner lot.
2.03.256 LOT LINE shall mean the property line bounding a lot.
2.03.257 LOT LINE, FRONT shall mean the property line abutting a street.
2.03.258 LOT LINE, REAR shall mean a lot line not abutting a street which is opposite and most distant from
the front lot line.
2.03.259 LOT LINE, SIDE shall mean any lot line not a front lot line or rear lot line.
2.03.260 LOT, NONCONFORMING shall mean a lot having less area or dimension than required in the
district it is located and lawfully created prior to the zoning thereof and 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 Register 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.
2.03.261 LOT THROUGH shall mean a lot having frontage on two (2) dedicated streets, not including a corner
lot.
2.03.262 LOT OF RECORD shall mean a lot held in separate ownership as shown on the records of the County
Register of Deeds at the time of the passage of a regulation or regulation establishing the zoning district
in which the lot is located.
2.03.263 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.
Section 2.03M
2.03.193 MAINTENANCE GUARANTEE shall mean any security, other than cash, that may be accepted by
the County to insure that required improvements will be maintained. (Also, see Performance
Guarantee.)
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ARTICLE 2: CONSTRUCTION AND DEFINITIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 28
2.03.194 MANUFACTURED HOME PARK shall mean a parcel of land under single ownership that has been
planned and improved for the placement of manufactured housing used or to be used for dwelling
purposes and where manufactured home spaces are not offered for sale or sold. The term
"manufactured home park" does not include sales lots on which new or used manufactured homes are
parked for the purposes of storage, inspection, or sale.
2.03.195 MANUFACTURED HOME SUBDIVISION shall mean any area, piece, parcel, tract or plot of
ground subdivided and used or intended to be used for the purpose of selling lots for occupancy by
manufactured homes.
2.03.196 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 on for the wholesale market, for interplant transfer, or to order for industrial users, rather than
for direct sale to the domestic consumer.
2.03.197 MAP, OFFICIAL ZONING DISTRICT shall mean a map delineating the boundaries of zoning
districts which, along with the zoning text, is officially adopted by the Hall County Board of
Supervisors Commissioners ' zoning regulations for Hall County, Nebraska.
2.03.198 MASSAGE PARLOR (See Adult Uses)
2.03.199 MEDICAL OR DENTAL CLINIC shall mean any building or portion thereof, other than a hospital,
used or intended to be used as an office for the practice of any type of medicine, including chiropractic,
dentistry, or optometry.
2.03.200 MINI-STORAGE OR MINI-WAREHOUSE (See Self-service Storage Facility)
2.03.201 MOBILE HOME (See Dwelling, Mobile Home)
2.03.202 MOBILE HOME PARK (See Manufactured Home Park)
2.03.203 MOBILE HOME SUBDIVISION (See Manufactured Home Subdivision)
2.03.204 MOTEL (See Hotel)
2.03.205 MOTOR VEHICLE shall mean every self-propelled land vehicle, not operated upon rails, except
mopeds and self-propelled invalid chairs.
Section 2.03N
2.03.277 NEBRASKA REVISED REISSUED STATUTES, 1943 and the abbreviated term Nebr. R. R. S.,
1943 are one and the same.
2.03.278 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)
2.03.279 NONCOMMUNITY WATER SUPPLY SYSTEM shall mean any public water supply system that is
not a community water supply system.
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HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 29
2.03.280 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.
2.03.281 NON-CONFORMING USE shall mean a use lawful when established but which does not conform to
subsequently established zoning or zoning regulation.
2.03.282 NON-FARM BUILDINGS are all buildings except those buildings utilized for agricultural purposes
on a farmstead of twenty acres or more which produces one thousand dollars or more of farm products
each year.
2.03.282.1 NON-FARM RESIDENCE any residential dwelling not located on a farm.
2.03.283 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.
2.03.284 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.
2.03.285 NURSERY SCHOOL (see Preschool)
2.03.286 NURSING HOME shall mean a facility used or occupied by persons recovering from illness or
suffering from infirmities of old age required skilled nursing care and related medical services and
licensed by the appropriate state or federal agency or agencies.
Section 2.03O
2.03.206 OFFICIAL MAP (See Map, Official Zoning District)
2.03.207 OFF-STREET PARKING AREA or VEHICULAR USE shall refer to all off street areas and spaces
designed, used, required, or intended to be used for parking, including driveways or access ways in and
to such areas.
2.03.208 OPEN LOTS shall mean pens or similar concentrated areas, including small shed-type areas or open-
front buildings, with dirt, or concrete (or paved or hard) surfaces, wherein animals or poultry are
substantially or entirely exposed to the outside environment except for possible small portions affording
some protection by windbreaks or small shed-type areas.
2.03.209 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.
2.03.210 OPERATOR OF ADULT ESTABLISHMENT means any person on the premises of an adult
establishment who manages, supervises, or controls the business or a portion thereof. A person may be
found to be an operator regardless of whether such person is an owner, part owner, or licensee of the
business.
2.03.211 OUTDOOR ADVERTISING shall include the definitions of "Advertising Structure" and "Sign".
2.03.212 OVERLAY DISTRICT shall mean a district in which additional requirements will act in conjunction
with the underlying zoning district. The original zoning district designation does not change.
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HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 30
2.03.213 OWNER shall mean one or more persons, including corporations, who have title to the property,
building or structure in question.
Section 2.03P
2.03.214 PARCEL shall mean a lot or a contiguous group of lots in single ownership or under single control that
may be considered as a unit for purposes of development.
2.03.215 PARK shall mean any public or private land available for recreational, educational, cultural, or
aesthetic use.
2.03.216 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.
2.03.217 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.
2.03.218 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 eight and one-half (8 ½) feet by
20 feet, plus such additional area as is necessary to afford adequate ingress and egress.
2.03.219 PARKWAY shall mean an arterial highway with full or partial control of access, and located within a
park or ribbon of park like development.
2.03.220 PERFORMANCE GUARANTEE shall mean a financial guarantee to ensure that all improvements,
facilities, or work required by these Regulations will be completed in compliance with these regulations
as well as with approved plans and specifications of a development (Also, see Maintenance Guarantee.)
2.03.221 PERMANENT FOUNDATION shall mean a 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.
2.03.222 PERMANENTLY ATTACHED shall mean connected to real estate in such a way as to require
dismantling, cutting away, or unbolting in order to remove, relocate, or replace.
2.03.223 PERMITTED USE shall mean any land use allowed without condition within a zoning district.
2.03.224 PERSON shall mean an individual, firm, co-partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, City, County, special district or any
other group or combination acting as an entity, except that it shall not include Hall County, Nebraska.
2.03.225 PLANNED UNIT DEVELOPMENT (PUD) 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.
2.03.226 PLANNING COMMISSION shall mean the Regional Planning Commission of Hall County,
Nebraska.
2.03.227 PLAT shall mean a map showing the location, boundaries, and legal description of individual
properties.
2.03.228 POLICY shall mean a statement or document of the county, such as the comprehensive plan, that
forms the basis for enacting legislation or making decisions.
2.03.229 POULTRY, COMMERCIAL FEEDING shall mean a poultry commercial feed lot, whether the
confined feeding operations are enclosed or outdoors.
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HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 31
2.03.230 PREMISES shall mean a tract of land, consisting of one lot or irregular tract, or more than one (1) 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.
2.03.231 PRESCHOOL shall mean an early childhood program which provides primarily educational services,
where children do not nap and where children are not served a meal.
2.03.232 PRIVATE CLUB shall mean a non-profit association of persons who are bona fide members paying
dues, which owns, hires or leases a building or premises, or portion thereof, the use of such building or
premises being restricted to members and their guests. The affairs and management of such private
clubs are conducted by a board of directors, executive committee, or similar body chosen by the
members at their annual meeting. A private club may include the serving of food and meals on said
premises while providing adequate dining room space and kitchen facilities. A private club may include
the sale of alcoholic beverages to members and their guests provided the activity is secondary and
incidental to the promotion of some common objective by the organization; and, said sale of alcoholic
beverages is in complete compliance with all municipal, state and federal laws.
2.03.233 PRIVATE WELL shall mean a well that provides water supply to less than 15 service connections and
regularly serves less than 25 individuals.
2.03.234 PROHIBITED USE shall mean any use of land, other than nonconforming, which is not listed as a
permitted use or conditional use within a zoning district.
2.03.235 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.
2.03.236 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.
2.03.237 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 15 service connections or regularly serves at least
twenty-five individuals. This definition shall include:
1. Any collection, treatment, storage, or distribution facilities under the control of the operator of
such system and used primarily in connection with such system; and
2. Any collection or pretreatment storage facilities not under such control which are used primarily
in the connection with such system.
Section 2.03Q
Section 2.03R
2.03.238 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.
2.03.239 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,
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ARTICLE 2: CONSTRUCTION AND DEFINITIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 32
amphitheaters, race tracks (including all motor powered vehicles) and wildlife conservation areas (used
for public viewing), and theme parks.
2.03.240 RECREATIONAL VEHICLE (RV) shall mean a vehicular unit less than 40 feet in overall length,
eight (8) feet in width, or 12 feet in overall height, primarily designed as a temporary living quarters for
recreational camping or travel use having either its own power or designed to be mounted on or drawn
by a motor vehicle. Recreational vehicle includes motor home, truck camper, travel trailer, camping
trailer, and fifth wheel.
2.03.241 RECREATIONAL VEHICLE (RV) PARK shall mean a tract of land upon which two (2) or more
recreational vehicle sites are located, established, or maintained for occupancy by recreational vehicles
of the general public as temporary living quarters for recreation or vacation purposes by campers,
vacationers, or travelers.
2.03.242 RECYCLING CENTER shall mean a facility other than a junkyard in which recoverable resources
such as paper, glass, metal cans, and plastics, are collected, bundled, stored, flattened, crushed, or
reduced in some manner within a completely enclosed building, in preparation for shipment to others
for reuse.
2.03.243 RECYCLING COLLECTION POINT shall mean a drop-off point for temporary storage of
recoverable resources such as paper, glass, cans, and plastics, and where no processing of such items
takes place.
2.03.244 RECYCLING PLANT shall mean a facility other than a junkyard where recoverable resources such as
paper products, glass, metal cans and other products are recycled, reprocessed, and treated to return the
products to a condition in which they may be reused for production.
2.03.245 RESEARCH LABORATORY OR CENTER shall mean a building or group of buildings in which
are located facilities for scientific research, investigation, testing, or experimentation, and not including
manufacture or sale of products, except as incidental to the main purpose of the laboratory.
2.03.246 RESIDENCE shall mean a building used, designed, or intended to be used as a home or dwelling place
for one (1) or more families.
2.03.247 RESTAURANT shall mean a public eating establishment at which the primary function is the
preparation and serving of food primarily to persons seated within the building.
2.03.248 RESTAURANT, DRIVE-IN shall mean an 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.
2.03.249 RESTAURANT, FAST FOOD shall mean an establishment whose principal business is the sale of
food and/or beverages in ready-to-consume individual servings, for consumption either within the
establishment, for carry-out, or drive-in, and where foods are/or beverages are usually served in paper,
plastic, or other disposable containers.
2.03.250 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.
2.03.251 REVERSE SPOT ZONING shall mean an arbitrary zoning or rezoning of a small tract of land that is
not consistent with the comprehensive land use plan and that uniquely burdens an individual owner
largely to secure some public benefit. Reverse spot zoning usually results from downzoning a tract of
land to a less intensive use classification than that imposed on nearby properties.
2.03.252 REZONING shall mean an amendment to or change in the zoning regulations either to the text or map
or both.
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HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 33
2.03.253 REZONING, PIECEMEAL shall mean the zoning reclassification of individual lots resulting in
uncertainty in the future compatible development of the area.
2.03.254 RIGHT-OF-WAY shall mean an area or strip of land, either public or private, on which an irrevocable
right of passage has been dedicated, recorded, or otherwise legally established for the use of vehicles or
pedestrians or both.
2.03.255 ROAD shall mean the same as "Street".
2.03.256 ROAD, IMPROVED shall mean a street, county road, and/or State/Federal Highway that are graded,
surfaced and maintained on a regular basis with an approved granular material or hard-surfacing
material.
2.03.257 ROAD, PRIVATE shall mean a way, other than driveways, open to vehicular ingress and egress
established for the benefit of certain, adjacent properties. (Also, see Right-of-Way and Street.)
2.03.258 ROAD, PUBLIC shall mean all public right-of-way reserved or dedicated for street or road traffic.
(Also, see Right-of-Way and Street.)
2.03.259 ROAD, UNIMPROVED shall mean a road officially declared or designated as minimum maintenance.
Said road will not generally be graded, crowned or contain a surfacing material of either a granular or
hard-surfaced nature.
2.03.260 ROADSIDE STAND shall mean a temporary structure or vehicle used solely for the sale of farm
products produced on the premises or adjoining premises.
2.03.261 ROOM shall mean an un-subdivided portion of the interior of a dwelling unit, excluding bathroom,
kitchen, closets, hallways, and service porches.
Section 2.03S
2.03.262 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.
2.03.263 SCHOOL, DAY shall mean a preschool or nursery school for children.
2.03.264 SCHOOL, DAY, PRE-, OR NURSERY shall mean a school or center for children under school age,
whether licensed as a daycare center or not, shall be approved by the Nebraska State Fire Marshall as
being in safety conformance with 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.
2.03.265 SCHOOL, ELEMENTARY, JUNIOR HIGH, or HIGH shall mean public and other non-profit
institutions conducting regular academic instruction at kindergarten, elementary, and secondary levels.
Such institutions shall offer general academic instruction equivalent to the standards prescribed by the
State Board of Education.
2.03.266 SCHOOL, PRIVATE shall mean an institution conducting regular academic instruction at
kindergarten, elementary or secondary levels operated by a non-governmental organization in
conformance with the Section 79-1701 through 79-1707, Nebraska R. R. S., 1943.
2.03.267 SCHOOL, TRADE shall mean an institution offering extensive instruction in the technical,
commercial, or trade skills and operated by a non-governmental organization.
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HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 34
2.03.268 SCREENING shall mean a method by which a view of one site from another adjacent site is shielded,
concealed, or hidden during all seasons of the year and may include fences, walls, hedges, beams, or
other features. (Also, see Buffer.)
2.03.269 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.
2.03.270 SELF-SERVICE STORAGE FACILITY shall mean a building or group of buildings containing
individual, compartmentalized, and controlled access stalls or lockers for storage.
2.03.271 SEMI-NUDE OR SEMI-NUDITY means the showing of the female breast below a horizontal line
across the top of the areola and extending across the width of the breast at that point, or the showing of
the male or female buttocks. This definition shall include the lower portion of the human female breast,
but shall not include any portion of the cleavage of the human female breasts exhibited by a bikini,
dress, blouse, shirt, leotard, or similar wearing apparel provided the areola is not exposed in whole or in
part.
2.03.272 SEPARATE OWNERSHIP shall mean ownership of a parcel of land by a person who does not own
any of the land abutting such parcel.
2.03.273 SERVICE STATIONS 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.
2.03.274 SETBACK LINE, FRONT YARD shall mean the line which defines the depth of the required front
yard. Said setback line shall be parallel with the right-of-way line or highway setback line when one has
been established.
2.03.275 SETBACK LINE, HIGHWAY shall mean the same as "Highway Setback Line".
2.03.276 SETBACK LINE, REAR YARD OR SIDE YARD shall mean the line which defines the width or
depth of the required rear or side yard. Said setback line shall be parallel with the property line,
removed therefrom by the perpendicular distance prescribed for the yard in the district.
2.03.277 SHOPPING CENTER shall mean a grouping of retail business and service uses on a single site with
common parking facilities.
2.03.278 SIGHT TRIANGLE shall mean an area at a
street or road intersection in which nothing
shall be erected, placed, painted, or allowed
to grow in such a manner as to materially
impede vision of traffic at an intersection as
established within these regulations.
2.03.279 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.
Figure 2.03-4: Example of the Sight Triangle
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ARTICLE 2: CONSTRUCTION AND DEFINITIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 35
2.03.280 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.
2.03.281 SIGN, ARCHITECTURAL CANOPY shall mean an enclosed, illuminated (backlit awning) or non-
illuminated structure that is attached to the wall of a building with the face of the sign approximately
parallel to the wall and with the sign's area integrated into its surface.
2.03.282 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.
2.03.283 SIGN, AUDIBLE shall mean any sign that conveys either a written message supported by an audible
noise including music, spoken message, and/or sounds to attract attention to the sign. Audible signs also
include signs conveying only the audible noise including music, spoken message, and / or sounds to
attract attention.
2.03.284 SIGN, AWNING, CANOPY OR MARQUEE shall mean a sign that is mounted, painted, or attached
to an awning, canopy, or marquee that is otherwise permitted by the Zoning Regulations.
2.03.285 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.
2.03.286 SIGN, BUILDING shall mean any sign supported by, painted on or otherwise attached to any building
or structure.
2.03.287 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.
2.03.288 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.
2.03.289 SIGN, FLASHING shall mean a sign designed to give an electrical light flash intermittently or a
revolving beacon light.
2.03.290 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.
2.03.291 SIGN, GROUND (LOW PROFILE) shall mean a sign mounted directly to the ground with a
maximum height not to exceed six (6) feet.
2.03.292 SIGN, ILLUMINATED shall mean a sign illuminated in any manner by an artificial light source.
2.03.293 SIGN, ON-PREMISE shall mean a sign, display, or device advertising activities conducted on the
property on which such sign is located.
2.03.294 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.
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HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 36
2.03.295 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.
2.03.296 SIGN, PROJECTING shall mean a projecting sign attached to a building.
2.03.297 SIGN, ROOF shall mean a sign identifying the name of a business, enterprise, or the product sold on
the premises and erected on the roof of the building.
2.03.298 SIGN, SETBACK shall mean the horizontal distance from the property line to the nearest projection of
the existing or proposed sign.
2.03.299 SIGN, SUBDIVISION shall mean a sign erected on a subdivision identification lot which identifies the
platted subdivision where the sign is located.
2.03.300 SIGN, SURFACE shall mean the entire area of a sign.
2.03.301 SIGN, TEMPORARY shall mean a sign constructed of cloth, fabric, or other material with or without
a structural frame intended for a limited period of display, including displays for holidays or public
demonstrations. Temporary signs shall include portable signs as defined in this section.
2.03.302 SIGN, VIDEO shall mean any on-premises or off-premises sign that conveys either a commercial or
non-commercial message, including a business or organization name, through means of a television or
other video screen.
2.03.303 SIGN, WALL shall mean a sign attached to or erected against the wall of a building with the exposed
face of the sign in a plane parallel to the wall of the building and not projecting more than eighteen (18)
inches from the face of the building wall.
2.03.304 SIGN, WINDOW shall mean a sign painted, stenciled, or affixed on a window, which is visible from a
right-of-way.
2.03.305 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.
2.03.306 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.
2.03.307 SITE, SEPTIC shall mean the area bounded by the dimensions required for the proper location of the
septic tank system.
2.03.308 SLUDGE shall mean solids removed from sewage during wastewater treatment and then disposed of
by incineration, dumping, burial, or land application.
2.03.309 SOLID WASTE shall mean waste materials consisting of garbage, trash, refuse, rubble, sewage, offal,
dead animals, or paunch manure.
2.03.310 SPECIFIED ANATOMICAL AREAS shall mean less than completely and opaquely covered human
genitals, pubic region, buttock, and/or female breast below a point immediately above the top of the
areola.
2.03.311 SPECIFIED SEXUAL ACTIVITIES shall mean intercourse, oral copulation, masturbation or
sodomy.
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HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 37
2.03.395 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.
2.03.396 STABLE, PRIVATE shall mean a detached accessory building for the keeping of horses owned by the
occupants of the premises and not kept for remuneration, hire or sale.
2.03.397 STABLE, RIDING shall mean a structure in which horses or ponies, used elusively for pleasure riding
or driving, are housed, boarded, or kept for remuneration, hire, or sale.
2.03.398 STATE shall mean the State of Nebraska.
2.03.399 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.
2.03.400 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 30 days.
2.03.401 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.
2.03.402 STORY, ONE-HALF shall mean the same as "Half-Story".
2.03.403 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.
2.03.404 STREET, ARTERIAL shall mean a street designed with the primary function of efficient movement
of through traffic between and around areas of a city, village, or county with controlled access to
abutting property.
2.03.405 STREET, COLLECTOR shall mean a street or high way that 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.
2.03.406 STREET, CURVILINEAR shall mean local streets that deviate from straight alignment and change
direction without sharp corners or bends.
2.03.407 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.
2.03.408 STREET, LOCAL shall mean a street designed for local traffic that provides direct access to abutting
residential, commercial, or industrial properties.
2.03.409 STREET, LOOPED shall mean a continuous
local street without intersecting streets and having
its two (2) outlets connected to the same street.
2.03.410 STREETS, MAJOR shall mean a street or
highway used primarily for fast or high volume
traffic, including expressways, freeways,
boulevards, and arterial streets.
Figure 2.03-5: Example of a Looped Street
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ARTICLE 2: CONSTRUCTION AND DEFINITIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 38
2.03.411 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."
2.03.412 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.
2.03.413 STREET CENTERLINE shall mean the centerline of a street right-of-way as established by official
surveys.
2.03.414 STREET LINE shall mean a dividing line between a lot, tract, or parcel of land and the contiguous
street.
2.03.415 STRUCTURE shall mean anything constructed or built, any edifice or building of any kind, any
lagoon used for waste water treatment, 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.
2.03.416 STRUCTURE, ADVERTISING shall mean the same as "advertising structure".
2.03.417 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.
2.03.418 SUBDIVISION shall mean the division of land, lot, tract, or parcel into two (2) or more lots, parcels,
plats, or sites, or other divisions of land for the purpose of sale, lease, offer, or development, whether
immediate or future. The term shall also include the division of residential, commercial, industrial,
agricultural, or other land whether by deed, metes, and bounds description, lease, map, plat, or other
instrument.
2.03.419 SURFACE WATER CLASS A -- PRIMARY CONTACT RECREATION shall mean surface
waters which are used, or have a high potential to be used, for primary contact recreational activities.
Primary contact recreation includes activities where the body may come into prolonged or intimate
contact with the water, such that water may be accidentally ingested and sensitive body organs (e.g.
eyes, ears, nose, etc.) may be exposed. Although the water may be accidentally ingested, it is not
intended as a potable water supply unless acceptable treatment is supplied. These waters may be used
for swimming, water skiing, canoeing, and similar activities.
2.03.420 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.
Section 2.03T
2.03.421 TAVERN (See Bar.)
2.03.422 TEMPORARY STRUCTURE shall mean a structure without a permanent foundation or footing and
removed when the designated time period, activity, or use for which the temporary structure was
erected has ceased.
2.03.423 TEMPORARY USE shall mean a use intended for limited duration to be located in a zoning district
not permitting such use.
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HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 39
2.03.424 TOWER shall mean a structure situated on a site that is intended for transmitting or receiving
television, radio, or telephone communications. (Also, see Antenna.)
2.03.425 TRADING AREA shall mean the area served by an existing commercial development or to be served
by the proposed commercial development and from which said development draws its support.
2.03.426 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.
2.03.427 TRANSIENT shall mean a person who is receiving accommodations for a price, with or without meals,
for a period of not more than 180 continuous days in any one (1) year.
2.03.428 TRANSITIONAL USE shall mean a permitted use or structure that, by nature or level and scale or
activity, acts as a transition or buffer between two or more incompatible uses.
Section 2.03U
2.03.429 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.
2.03.430 URBAN AREA shall mean a municipality not exercising its zoning powers and unincorporated village
within the county.
2.03.431 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 the public health, safety and
general welfare.
2.03.432 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.
2.03.433 USE, PRINCIPAL shall mean the main use of land or structure, as distinguished from an accessory
use. (Also, see Building, Principal)
2.03.434 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 Yard" or "Automobile Wrecking Yards".
2.03.435 UTILITY EASEMENT shall mean the same as "Easement".
Section 2.03V
2.03.436 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.
2.03.437 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.
2.03.438 VEHICLE, MOTOR (See Motor Vehicle)
2.03.439 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.
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ARTICLE 2: CONSTRUCTION AND DEFINITIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 40
Section 2.03W
2.03.440 WAREHOUSE shall mean a building used primarily for the storage of goods and materials.
2.03.441 WAREHOUSE AND DISTRIBUTION shall mean a use engaged in storage, wholesale, and
distribution of manufactured products, supplies, and equipment.
2.03.442 WASTE HANDLING SYSTEM shall mean any and all systems, public or private, or combination of
said structures intended to treat human or livestock excrement and shall include the following types of
systems
1. Holding pond shall mean an impoundment made by constructing an excavated pit, dam,
embankment or combination of these for temporary storage of liquid livestock wastes,
generally receiving runoff from open lots and contributing drainage area.
2. Lagoon shall mean an impoundment made by constructing an excavated pit, dam,
embankment or combination of these for treatment of liquid livestock waste by anaerobic,
aerobic or facultative digestion. Such impoundment predominantly receives waste from a
confined livestock operation.
3. Liquid manure storage pits shall mean earthen or lined pits located wholly or partially
beneath a semi or totally housed livestock operation or at some removed location used to
collect waste production.
4. Sediment shall mean a pond constructed for the sole purpose of collecting and containing
sediment.
2.03.443 WASTEWATER LAGOON (See Lagoon)
2.03.444 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.
2.03.445 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.
2.03.446 WHOLESALE ESTABLISHMENT shall mean an establishment for the on-premises sales of goods
primarily to customers engaged in the business of reselling the goods.
2.03.447 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.
Section 2.03X
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HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 41
Section 2.03Y
2.03.448 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.
2.03.449 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.
2.03.450 YARD, REAR shall mean a space between the rear yard setback line and the rear lot line, extending
the full width of the lot.
2.03.451 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.
Section 2.03Z
2.03.452 ZONING ADMINISTRATOR shall mean the person or persons authorized and empowered by the
county to administer and enforce the requirements of this chapter.
2.03.453 ZONING DISTRICT shall mean the same as "District".
2.03.454 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 County
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ARTICLE 3: GENERAL REGULATIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 42
ARTICLE 3: GENERAL REGULATIONS
Section 3.01 Nonconforming, General Intent.
Within the districts established by this Resolution or amendments that may later be adopted there exist
1. lots,
2. structures,
3. uses of land and structures, and
4. characteristics of use
which were lawful before this Resolution was passed or amended, but which would be prohibited, regulated or
restricted under the terms of this Resolution or future amendment. It is the intent of this Resolution to permit these
nonconformities to continue until they are removed but not to encourage their survival. It is further the intent of this
Resolution that nonconformities shall not be enlarged upon, expanded or extended, nor be used as ground for adding
other structures or uses prohibited elsewhere in the same district.
Nonconforming uses are declared by this Resolution to be incompatible with permitted uses in the districts involved.
Nonconforming uses of a structure, nonconforming use of land, or nonconforming use of structure and land in
combination shall not be extended or enlarged after passage of this Resolution by attachment on a building or
premises of additional signs intended to be seen from off the premises, or by the addition of other uses, or a nature
which would be prohibited generally in the district involved.
To avoid undue hardship, nothing in this Resolution shall be deemed to require a change in the plans, construction or
designated use of any building on which actual construction was lawfully begun prior to the effective date of
adoption or amendment of this Resolution, and upon which actual building construction has been carried on
diligently. Actual construction is hereby defined to include the placing of construction materials in permanent
position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has
been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be
actual construction, provided that work shall be carried on diligently.
Section 3.02 Nonconforming Lots of Record
In any district in which single-family dwellings are permitted, 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 Resolution
notwithstanding limitations imposed by other provisions of this Resolution. Such lot must be in separate ownership
and not of continuous frontage with other lots in the same ownership. 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
yard dimensions and requirements other than these applying to area or width, or both, of the lot shall conform to the
regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through
action of the Board of Zoning Adjustment.
If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of
record at the time of passage or amendment of this Resolution, and if all or part of the lots do not meet the
requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for
the purposes of this Resolution, and no portion of said parcel shall be used or sold in a manner which diminishes
compliance with lot width and area requirements established by this Resolution, nor shall any division of any parcel
be made which creates a lot with width or area below the requirements stated in this Resolution.
Section 3.03 Nonconforming Uses of Land (or Land with Minor Structures Only)
Where at the time of passage of this Resolution, lawful use of land exists which would not be permitted by the
regulations imposed by this Resolution, and where such use involves no individual structure with a replacement cost
exceeding $1,000.00, the use may be continued so long as it remains otherwise lawful, provided:
1. No such nonconforming 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 of this Resolution;
2. No such nonconforming uses shall be moved in whole or in part to any portion of the lot or parcel other
than that occupied by such use at the effective date of adoption or amendment of this Resolution;
3. If any such nonconforming use of land ceases for any reason for a period of more than 12 months, any
subsequent use of such land shall conform to the regulations specified for the district in which such land
is located;
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ARTICLE 3: GENERAL REGULATIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 43
4. Additional structures not conforming to the requirements of this Resolution shall be erected in connection
with such nonconforming use of land.
Section 3.04 Nonconforming Structures
Where a lawful structure exists at the effective date of adoption or amendment of this Resolution that could not be
built under the terms of this Resolution by reasons of restrictions on area, lot coverage, height, yards, its location on
the lot or other requirements concerning the structure, such structure may be continued so long as it remains
otherwise lawful, subject to the following provisions:
1. No such nonconforming structure may be enlarged or altered in a way which increases its
nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity,
2. Should such nonconforming structure or nonconforming portions of structure be destroyed by any
means to an extent of more than 50 percent of its replacement cost at time of destruction, it shall not be
reconstructed except in conformity with the provisions of this Resolution.
3. Should such structure be moved for any reasons for any distance whatsoever, it shall thereafter conform
to the regulations for the district in which it is located after it is moved.
Section 3.05 Nonconforming Uses of Structures or of Structures and Premises in Combination
If lawful use involving individual structures with a replacement cost of $1,000.00 or more, or of structure and
premises in combination exists at the effective date of adoption or amendment of this Resolution that would not be
allowed in the district under the terms of this Resolution, the lawful use may be continued so long as it remains
otherwise lawful, subject to the following provisions:
1. Any existing structure devoted to a use not permitted by this Resolution 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 a use permitted in the district in which it is located;
2. Any nonconforming use may be extended throughout any parts of a building which was manifestly
arranged or designed for such use at the time of adoption or amendment of this Resolution, but no such use
shall be extended to occupy any land outside such building;
3. If no structural alterations are made, any nonconforming uses of a structure, or structure and premises may
as a special exception be changed to another nonconforming use, provided that the Board of Supervisors
Commissioners may require appropriate conditions and safeguards in accord with the provisions of this
Resolution.
4. Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a
permitted use shall thereafter conform to the regulations for the district, and the nonconforming use may not
thereafter be resumed;
5. When nonconforming uses of a structure, or structure and premises in combination is discontinued or
abandoned for 12 consecutive months (or for 18 months during any three-year period except when
government action impedes access to the premises), the structure, or structure and premises in combination
shall not thereafter be used except in conformity with the regulations of the district in which it is located;
6. Where nonconforming use status applies to a structure and premises in combination, removal or destruction
of the structure shall eliminate the nonconforming status of the land. Destruction for the purpose of this
subsection is defined as damage to an extent of more than 50 percent of the replacement cost at the time of
destruction.
Section 3.06 Repairs and Maintenance
On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any
period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures,
wiring or plumbing to an extent not exceeding 10 percent of the current replacement cost of the nonconforming
structure or nonconforming portion of the structure, as the case may be, provided that the cubic content existing when
it became nonconforming shall not be increased.
If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or
unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or
unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity
with the regulations of the district in which it is located unless approved by the governing body.
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ARTICLE 3: GENERAL REGULATIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 44
Section 3.07 Uses Under Conditional Use Provisions Not Nonconforming Uses
Any use which is permitted as a conditional use in a district under the terms of this Resolution (other than a change
through Board of Supervisors Commissioners action from a nonconforming use to another use not generally
permitted in the district) shall not be deemed a nonconforming use in such district but shall without further action be
considered a conforming use.
Section 3.08 Lot
1. 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.
2. More than one (1) 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 County Board.
a. Institutional buildings
b. Public or semi-public buildings
c. Multiple-family dwellings
d. Commercial or industrial buildings
e. Home for the aged
f. Agricultural buildings
Section 3.09 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 Regulation are not maintained.
This section shall not apply when a portion of a lot is acquired for a public purpose.
Section 3.10 Yard Requirements
1. 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.
2. 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.
3. Any side or rear yard in a residential district which is adjacent to any existing industrial or commercial
use shall be no less than 25 feet and shall contain landscaping and planting suitable to provide effective
screening.
4. Any yard for a commercial or industrial use which is adjacent to any residential use or district shall be
increased to 40 feet and shall contain landscaping and planting suitable to provide effective screening.
Section 3.11 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 County or their designated agent that such changes will not be a detriment to the neighboring
lands.
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ARTICLE 3: GENERAL REGULATIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 45
Section 3.12 Permitted Obstructions in Required Yards The following shall not be considered to be obstructions when located in the required yards:
3.12.01 All Yards: 1. Steps and accessibility ramps used for wheelchair and other assisting devices which are four (4) feet or less above grade which are necessary for access to a permitted building or for access to a lot from a street or alley;
2. Chimneys projecting 24 inches or less into the yard; 3. Recreational and laundry-drying equipment; 4. Approved freestanding signs; 5. Arbors and trellises;
6. Flag poles; 7. Window unit air conditioners projecting not more than 18 inches into the required yard; and 8. Fences or walls subject to applicable height restrictions are permitted in all yards.
3.12.02 Front Yards: 1. Bay windows projecting three (3) feet or less into the yard are permitted. 2. Open or screened porches, platforms or terraces not over three (3) feet above the average level of the adjoining ground, including a permanently roofed-over terrace or porch provided they
do not extend or project into the yard more than six (6) feet and has no more than 48 square feet of area; 3. Awnings and canopies provided they do not extend or project into the yard more than six (6)
feet and has no more than 48 square feet of area.
3.12.03 Rear and Side Yards:
1. Open off-street parking spaces,
2. Balconies or outside elements of central air conditioning systems. 3. Open or screened porches, platforms or terraces not over three (3) feet above the average level of the adjoining ground, including a permanently roofed-over terrace or porch;
3.12.04 Double Frontage Lots: The required front yard shall be provided on each street.
3.12.05 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 3.13 Accessory Building and Uses
1. No accessory building shall be constructed upon a lot for more than 18 months prior to
beginning construction of the principal building. No accessory building shall be used for more
than 12 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 shall have been issued for such use.
2. No detached accessory building or structure shall exceed the maximum permitted height of the
principal building or structure unless exempted within that district.
3. 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. Detached accessory buildings or structures shall be located no closer to any other accessory or
to the principal building than 10 15 feet.
5. Garages and outbuildings in Residential Districts and Subdivisions used for storage and other
structures customary and appurtenant to the permitted uses shall be stick built and constructed
of materials customarily used in residential construction. The sidewalls of said building shall
not exceed 18 feet in height.
6. Accessory buildings on lots with a width of 100 feet or more shall have a minimum side and
rear yard of five feet.
7. Accessory buildings on lots with a width of less than 100 feet shall have a minimum side and
rear yard of two feet.
8. Regulation of accessory uses shall be as follows:
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ARTICLE 3: GENERAL REGULATIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 46
a. Except as herein provided, no accessory building shall project beyond a required yard
line along any street.
b. Service station pumps and pump island may occupy the required yards, provided,
however, that they are not less than 15 feet from street lines.
Section 3.14 Permitted Modifications of Height Regulations
1. The height limitations of this Regulation shall not apply to:
Belfries Public Monuments
Chimneys Ornamental Towers and Spires
Church Spires Radio and Television
Conveyors Towers less than 100 feet in height
Cooling Towers Grain Elevators and Silos
Elevator Bulkheads Smoke Stacks
Fire Towers Stage Towers or Scenery Lots
Water Towers and Standpipes Tanks
Flag Poles Air-Pollution Prevention Devices
2. When permitted in district, public or semi-public service buildings, hospitals, institutions, or schools
may be erected to a height not exceeding 75 feet when each required yard line is increased by at least
one (1) foot for each one (1) foot of additional building height above the height regulations for the
district in which the building is located.
Section 3.15 Occupancy of Basements and Cellars
No basement or cellar shall be occupied for residential purposes until the remainder of the building has been
substantially completed.
Section 3.16 Repairs and Maintenance
1. On any building devoted in whole or in part to any nonconforming use, work may be done in any period
of 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 regulation shall not be increased.
2. Nothing in this regulation 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.
Section 3.17 Amenities, Fire
Open or lattice-enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers,
and the ordinary projections of chimneys and flues into the rear yard, may be permitted by the Zoning
Administrator for a distance of not more than three and one-half (3 1/2) feet and where the same are so
placed as not to obstruct lights and ventilation.
Section 3.18 Side Yards
No side yards are required where dwelling units are erected above commercial and industrial structures.
Section 3.19 Corner Lots
On a corner lot in any district, nothing shall be erected, planted or allowed to grow in such a manner as to
materially impede vision between a height of two and one-half (2 1/2) and eight (8) feet above the grades of
the centerline of the intersecting street or road, from the point of intersection 120 feet in each direction
measured along the centerline of the streets or roads.
Section 3.20 Recreation Equipment, Storage
For purposes of these regulations, major recreational equipment is defined as including boats and boat trailers, travel
trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent
trailers and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such
equipment or not. No major recreational equipment shall be parked or stored on any lot in a residential district
except in a carport or enclosed building or behind the nearest portion of a building to a street, provided however, that
such equipment may be parked anywhere on residential premises not to exceed 24 hours during loading or unloading.
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ARTICLE 3: GENERAL REGULATIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 47
No such equipment shall be used for living, sleeping or housekeeping purposes when parked or stored on a
residential lot, or in any location not approved for such use.
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ARTICLE 3: GENERAL REGULATIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 48
Section 3.21 Parking and Storage of Certain Vehicles
Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored on
any residentially zoned property other than in completely enclosed buildings. On Agricultural zoned properties, a
maximum of 40 scrapped, inoperative or dismantled motor vehicles may be parked or stored for non-commercial
use purposes. On agricultural zoned properties within one-half (1/2) mile of a state or federal highway, a
minimum of 40 scrapped, inoperative or dismantled motor vehicles may be parked or stored for non-commercial
purposes as long as they are in spaces visually screened from the highway by fencing and/or evergreen
shrubbery. The aforementioned screening shall not be required if the number of said vehicles is 30 or less.
Section 3.22 Storage of Goods and Equipment
Goods, equipment, supply materials, machinery and parts thereof, shall not be stored on any residentially zoned
property except as provided under Section 3.13 other than in completely enclosed buildings or in spaces screened
by fencing and/or evergreen shrubbery.
Section 3.23 Building Setback
1. The building setback lines shall be determined by measuring the horizontal distance from the
property line to the furthest architectural projection of the existing or proposed structure.
2. All new non-farm residences shall locate no less than at the corresponding distances provided in
Section 4.02.08 from an Existing permitted LFO with more than 300 animal units.
Section 3.24 Temporary Structures
Temporary structures incidental to construction work, but only for the period of such work, are permitted in
all districts; however, basements and cellars shall not be occupied for residential purposes until the entire
building is completed.
Section 3.25 Caretaker’s Quarters
Caretaker's quarters are permitted in all districts, providing the use is incidental to the principal use.
Section 3.26 Front yards
The front yards heretofore established shall be adjusted where 40% or more of the frontage on one side of
the street between two intersecting streets is developed with buildings that have not observed a front yard as
described above, then:
1. Where a building is to be erected on a parcel of land that is within 100 feet of existing buildings on
both sides, the minimum front yard shall be a line drawn between the two closest front corners or
the adjacent buildings on the two (2) sides, or
2. Where a building is to be erected on a parcel of land that is within 100 feet of an existing building
on one side only, such building may be erected as close to the street as the existing adjacent
building.
Section 3.27 Screening
1. Junkyards (salvage or wrecking yards) shall be screened with an eight (8) foot high opaque, solid
fence, brick wall, or earth berm so as to provide visual and aural separation between such use and
adjacent areas.
2. Junkyards (salvage or wrecking yards) located next to railroad right-of-way shall have a ten (10)
foot high opaque, solid fence, brick wall, or earth berm on the property line common to the railroad
right-of-way
3. All extractive industries shall be screened by means of plant materials, earth mounding, or solid
fencing at least six (6) feet in height to provide visual and aural separation between such use and
adjacent areas.
4. All holding or incineration areas of dead livestock shall be screened by means of plant materials,
earth mounding, or solid fencing at least six (6) feet in height to provide visual and aural separation
between such use and adjacent areas. No storage or incineration of dead livestock shall be located
in road right-of-way or on any other land not owned or leased by the livestock operation.
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HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 49
Section 3.28 Fences, Walls, Hedges and Trees
1. Notwithstanding other provisions of this Resolution, fences, walls and hedges may be permitted in any
required yard or along the edge of any yard, provided that no fence, wall or hedge along the sides or front
edge of any front yard shall be over two and one-half (2 ½) feet in height.
2. Trees may be permitted in any required yard or along the edge of any yard, provided that such trees are
located 40 feet, or more, from the public right-of-way of a County road or State Highway.
Section 3.29 Adult Establishment Regulations
Section 3.29.01 Purpose; Findings and Rationale
1. Purpose. It is the purpose of this resolution to regulate adult establishments in order to promote the health,
safety, and general welfare of the citizens of the County, and to establish reasonable and uniform regulations to
prevent the deleterious secondary effects of adult establishments within the County. The provisions of this
resolution have neither the purpose nor effect of imposing a limitation or restriction on the content or
reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is
neither the intent nor effect of this resolution to restrict or deny access by adults to sexually oriented materials
protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented
entertainment to their intended market. Neither is it the intent nor effect of this resolution to condone or
legitimize the distribution of obscene material.
2. Findings and Rationale. Based on evidence of the adverse secondary effects of adult uses presented in
hearings and in reports made available to the Board of Supervisors Commissioners, and on findings,
interpretations, and narrowing constructions incorporated in the cases of City of Littleton v. Z.J. Gifts D-4,
L.L.C., 541 U.S. 774 (2004); City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); City of Erie v.
Pap’s A.M., 529 U.S. 277 (2000); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v.
American Mini Theatres, 427 U.S. 50 (1976); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); California v.
LaRue, 409 U.S. 109 (1972); N.Y. State Liquor Authority v. Bellanca, 452 U.S. 714 (1981); Sewell v. Georgia,
435 U.S. 982 (1978); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); City of Dallas v. Stanglin, 490 U.S.
19 (1989); and
Farkas v. Miller, 151 F.3d 900 (8th Cir. 1998); Jakes, Ltd. v. City of Coates, 284 F.3d 884 (8th Cir. 2002);
BZAPS, Inc. v. City of Mankato, 268 F.3d 603 (8th Cir. 2001); SOB, Inc. v. County of Benton, 317 F.3d 856
(8th Cir. 2003); Scope Pictures v. City of Kansas City, 140 F.3d 1201 (8th Cir. 1998); ILQ Invs. v. City of
Rochester, 25 F.3d 1413 (8th Cir. 1994); City of Lincoln v. ABC Books, Inc., 470 N.W.2d 760 (Neb. 1991);
Xiong v. City of Moorhead, 2009 WL 322217 (D. Minn. Feb. 2, 2009); Entm’t Prods., Inc. v. Shelby County,
721 F.3d 729 (6th Cir. 2013); Lund v. City of Fall River, 714 F.3d 65 (1st Cir. 2013); Imaginary Images, Inc.
v. Evans, 612 F.3d 736 (4th Cir. 2010); LLEH, Inc. v. Wichita County, 289 F.3d 358 (5th Cir. 2002); Ocello v.
Koster, 354 S.W.3d 187 (Mo. 2011); 84 Video/Newsstand, Inc. v. Sartini, 2011 WL 3904097 (6th Cir. Sept. 7,
2011); Plaza Group Properties, LLC v. Spencer County Plan Commission, 877 N.E.2d 877 (Ind. Ct. App.
2007); Flanigan’s Enters., Inc. v. Fulton County, 596 F.3d 1265 (11th Cir. 2010); East Brooks Books, Inc. v.
Shelby County, 588 F.3d 360 (6th Cir. 2009); Entm’t Prods., Inc. v. Shelby County, 588 F.3d 372 (6th Cir.
2009); Sensations, Inc. v. City of Grand Rapids, 526 F.3d 291 (6th Cir. 2008); World Wide Video of
Washington, Inc. v. City of Spokane, 368 F.3d 1186 (9th Cir. 2004); Ben’s Bar, Inc. v. Village of Somerset, 316
F.3d 702 (7th Cir. 2003); Peek-a-Boo Lounge v. Manatee County, 630 F.3d 1346 (11th Cir. 2011); Daytona
Grand, Inc. v. City of Daytona Beach, 490 F.3d 860 (11th Cir. 2007); Heideman v. South Salt Lake City, 348
F.3d 1182 (10th Cir. 2003); Williams v. Morgan, 478 F.3d 1316 (11th Cir. 2007); Jacksonville Property Rights
Ass’n, Inc. v. City of Jacksonville, 635 F.3d 1266 (11th Cir. 2011); H&A Land Corp. v. City of Kennedale, 480
F.3d 336 (5th Cir. 2007); Hang On, Inc. v. City of Arlington, 65 F.3d 1248 (5th Cir. 1995); Fantasy Ranch,
Inc. v. City of Arlington, 459 F.3d 546 (5th Cir. 2006); Illinois One News, Inc. v. City of Marshall, 477 F.3d
461 (7th Cir. 2007); G.M. Enterprises, Inc. v. Town of St. Joseph, 350 F.3d 631 (7th Cir. 2003); Richland
Bookmart, Inc. v. Knox County, 555 F.3d 512 (6th Cir. 2009); Bigg Wolf Discount Video Movie Sales, Inc. v.
Montgomery County, 256 F. Supp. 2d 385 (D. Md. 2003); Richland Bookmart, Inc. v. Nichols, 137 F.3d 435
(6th Cir. 1998); Spokane Arcade, Inc. v. City of Spokane, 75 F.3d 663 (9th Cir. 1996); DCR, Inc. v. Pierce
County, 964 P.2d 380 (Wash. Ct. App. 1998); City of New York v. Hommes, 724 N.E.2d 368 (N.Y. 1999);
Taylor v. State, No. 01-01-00505-CR, 2002 WL 1722154 (Tex. App. July 25, 2002); Fantasyland Video, Inc.
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ARTICLE 3: GENERAL REGULATIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 50
v. County of San Diego, 505 F.3d 996 (9th Cir. 2007); Gammoh v. City of La Habra, 395 F.3d 1114 (9th Cir.
2005); Z.J. Gifts D-4, L.L.C. v. City of Littleton, Civil Action No. 99-N-1696, Memorandum Decision and
Order (D. Colo. March 31, 2001); People ex rel. Deters v. The Lion’s Den, Inc., Case No. 04-CH-26, Modified
Permanent Injunction Order (Ill. Fourth Judicial Circuit, Effingham County, July 13, 2005); Reliable
Consultants, Inc. v. City of Kennedale, No. 4:05-CV-166-A, Findings of Fact and Conclusions of Law (N.D.
Tex. May 26, 2005); Major Liquors, Inc. v. City of Omaha, 188 Neb. 628 (1972); DLH Inc.v Nebraska
Liquor Control Commission, 266 Neb. 361(2003); Village of Winslow v Sheets, 261 Neb.203 (2001),
and based upon reports concerning secondary effects occurring in and around adult establishments, including,
but not limited to, “Correlates of Current Transactional Sex among a Sample of Female Exotic Dancers in
Baltimore, MD,” Journal of Urban Health (2011); “Does the Presence of Sexually Oriented Businesses Relate
to Increased Levels of Crime? An Examination Using Spatial Analysis,” Crime & Delinquency (2012)
(Louisville, KY); Metropolis, Illinois – 2011-12; Manatee County, Florida – 2007; Hillsborough County,
Florida – 2006; Clarksville, Indiana – 2009; El Paso, Texas – 2008; Memphis, Tennessee – 2006; New
Albany, Indiana – 2009; Louisville, Kentucky – 2004; Fulton County, GA – 2001; Chattanooga, Tennessee –
1999-2003; Jackson County, Missouri – 2008; Ft. Worth, Texas – 2004; Kennedale, Texas – 2005;
Greensboro, North Carolina – 2003; Dallas, Texas – 1997; Houston, Texas – 1997, 1983; Phoenix, Arizona –
1995-98, 1979; Tucson, Arizona – 1990; Spokane, Washington – 2001; St. Cloud, Minnesota – 1994; Austin,
Texas – 1986; Indianapolis, Indiana – 1984; Garden Grove, California – 1991; Los Angeles, California –
1977; Whittier, California – 1978; Oklahoma City, Oklahoma – 1986; New York, New York Times Square –
1994; the Report of the Attorney General's Working Group On The Regulation Of Adult establishments, (June
6, 1989, State of Minnesota); Dallas, Texas – 2007; “Rural Hotspots: The Case of Adult Businesses,” 19
Criminal Justice Policy Review 153 (2008); “Stripclubs According to Strippers: Exposing Workplace Sexual
Violence,” by Kelly Holsopple, Program Director, Freedom and Justice Center for Prostitution Resources,
Minneapolis, Minnesota; “Adult establishments: An Insider’s View,” by David Sherman, presented to the
Michigan House Committee on Ethics and Constitutional Law, Jan. 12, 2000; Sex Store Statistics and Articles;
and Law Enforcement and Private Investigator Affidavits (Adult Cabarets in Forest Park, GA and Sandy
Springs, GA), McLeary and Weinstein; Do “Off-Site Adult Businesses Have Secondary Effects? Legal
Doctrine, Social Theory and Empirical Evidence, Law and Policy, Vol. 31, No. 2 (April 2009), Adult Business
Study: Town and Village of Ellicottville, Cattaraugus County, New York (January 1998),
the Board of Supervisors Commissioners finds:
a. Adult establishments, as a category of commercial uses, are associated with a wide variety of adverse
secondary effects including, but not limited to, personal and property crimes, prostitution, potential
spread of disease, lewdness, public indecency, obscenity, illicit drug use and drug trafficking, negative
impacts on surrounding properties, urban blight, litter, and sexual assault and exploitation. Alcohol
consumption impairs judgment and lowers inhibitions, thereby increasing the risk of adverse secondary
effects.
b. Adult establishments should be separated from sensitive land uses to minimize the impact of their
secondary effects upon such uses, and should be separated from other adult establishments, to minimize
the secondary effects associated with such uses and to prevent an unnecessary concentration of adult
establishments in one area.
c. Each of the foregoing negative secondary effects constitutes a harm which the County has a substantial
government interest in preventing and/or abating. Additionally, the County’s interest in regulating adult
establishments extends to preventing future secondary effects of either current or future adult
establishments that may locate in the County. The County finds that the cases and documentation relied
on in this resolution are reasonably believed to be relevant to said secondary effects.
The Board hereby adopts and incorporates herein its stated findings and legislative record related to the
adverse secondary effects of adult establishments, including the judicial opinions and reports related to such
secondary effects.
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ARTICLE 3: GENERAL REGULATIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 51
Section 3.29.02 Regulations
1. No person shall establish, operate, or cause to be operated an adult establishment in Hall County within:
a. 1,000 feet of another adult establishment;
b. 500 feet of a business licensed to sell alcohol at the premises; or
c. 1,000 feet of a residential district, residential use, residence, church, educational institution, park, or
recreational facility.
d. For the purpose of this section, measurements shall be made in a straight line in all directions
without regard to intervening structures or objects, from the closest part of the structure containing
the adult establishment to the closest point on a property boundary of another adult establishment, a
business licensed to sell alcohol at the premises, a residential district, a residential use, a residence, a
church, an educational institution, park, or a recreational facility.
2. No adult establishment shall be or remain open for business between 12:00 midnight and 6:00 a.m. on any
day.
3. No patron, employee of an adult establishment, or any other person shall knowingly or intentionally, in an
adult establishment, appear in a state of nudity or engage in a specified sexual activity.
4. No person shall knowingly or intentionally, in an adult establishment, appear in a semi-nude condition
unless the person is an employee of an adult establishment who, while semi-nude, remains at least six (6)
feet from all patrons and on a stage at least eighteen (18) inches from the floor in a room of at least six
hundred (600) square feet.
5. No employee of an adult establishment who appears semi-nude in an adult establishment shall knowingly
or intentionally touch a customer or the clothing of a customer on the premises of an adult establishment.
No customer shall knowingly or intentionally touch such an employee of an adult establishment or the
clothing of such an employee of an adult establishment on the premises of an adult establishment.
6. No person shall possess alcoholic beverages on the premises of an adult establishment.
7. No person shall knowingly or recklessly allow a person under the age of eighteen (18) years to be or
remain on the premises of an adult establishment.
8. No operator of an adult establishment shall knowingly or recklessly allow a room in the adult
establishment to be simultaneously occupied by any patron and any employee of an adult establishment
who is semi-nude or who appears semi-nude on the premises of the adult establishment, unless an operator
of the adult establishment is present in the same room.
9. A person who operates or causes to be operated an adult establishment which exhibits in a booth or
viewing room on the premises, through any mechanical or electronic image-producing device, a film,
video cassette, digital video disc, or other video reproduction characterized by an emphasis on the display
of specified sexual activities or specified anatomical areas shall comply with the following requirements.
a. The operator of the adult establishment shall, within one week of opening the adult establishment
for business, submit to the County Zoning Administrator a diagram of the premises showing the
location of all operator’s stations, booths or viewing rooms, overhead lighting fixtures, and
restrooms, and shall designate all portions of the premises in which patrons will not be permitted.
Restrooms shall not contain equipment for displaying films, video cassettes, digital video discs, or
other video reproductions. A professionally prepared diagram in the nature of an engineer’s or
architect’s blueprint shall not be required; however, each diagram shall be oriented to the north or to
some designated street or object and shall be drawn to a designated scale or with marked dimensions
sufficient to show the various internal dimensions of all areas of the interior of the premises to an
accuracy of plus or minus six inches.
b. It shall be the duty of the operator of the adult establishment, and of any employees of the adult
establishment present on the premises, to ensure that no patron is permitted access to any area of the
premises which has been designated as an area in which patrons will not be permitted.
c. The interior premises shall be equipped with overhead lighting fixtures of sufficient intensity to
illuminate every place to which patrons are permitted access at an illumination of not less than five
(5.0) foot candles as measured at the floor level. It shall be the duty of the operator of an adult
establishment, and of any employees of an adult establishment present on the premises, to ensure
that the illumination described above is maintained at all times that the premises is occupied by
patrons or open for business.
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ARTICLE 3: GENERAL REGULATIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 52
d. It shall be the duty of the operator of an adult establishment, and of any employees of an adult
establishment present on the premises, to ensure that no specified sexual activity occurs in or on the
licensed premises.
e. It shall be the duty of the operator of an adult establishment to post conspicuous signs in well-
lighted entry areas of the business stating all of the following:
i. That the occupancy of viewing rooms less than 150 square feet is limited to one person.
ii. That specified sexual activity on the premises is prohibited.
iii. That the making of openings between viewing rooms is prohibited.
iv. That violators will be required to leave the premises.
v. That violations of these regulations are unlawful.
f. It shall be the duty of the operator of an adult establishment to enforce the regulations articulated in
e.i. though e.v. above.
g. The interior of the premises shall be configured in such a manner that there is an unobstructed view
from an operator of the adult establishment’s station of every area of the premises, including the
interior of each viewing room but excluding restrooms, to which any patron is permitted access for
any purpose. An operator’s station shall not exceed thirty-two (32) square feet of floor area. If the
premises has two (2) or more operator’s stations designated, then the interior of the premises shall
be configured in such a manner that there is an unobstructed view of each area of the premises to
which any patron is permitted access for any purpose, excluding restrooms, from at least one of the
operator’s stations. The view required in this paragraph must be by direct line of sight from the
operator’s station. It is the duty of the operator of an adult establishment to ensure that at least one
employee of an adult establishment is on duty and situated in each operator’s station at all times that
any patron is on the premises. It shall be the duty of the operator of an adult establishment, and it
shall also be the duty of any employees of an adult establishment present on the premises, to ensure
that the view area specified in this paragraph remains unobstructed by any doors, curtains, walls,
merchandise, display racks or other materials or enclosures at all times that any patron is present on
the premises.
h. It shall be the duty of the operator of an adult establishment to ensure that no porous materials are
used for any wall, floor, or seat in any booth or viewing room.
i. It shall be unlawful for a person having a duty under subsections 11.a. through 11.h above to
knowingly or recklessly fail to fulfill that duty.
j. No patron shall knowingly or recklessly enter or remain in a viewing room less than 150 square feet
in area that is occupied by any other patron.
k. No patron shall knowingly or recklessly be or remain within one foot of any other patron while in a
viewing room that is 150 square feet or larger in area.
l. No person shall knowingly or recklessly make any hole or opening between viewing rooms.
10. It shall be the duty of the operator of an adult establishment to ensure that the interior premises shall be
equipped with overhead lighting of sufficient intensity to illuminate every place to which customers are
permitted access at an illumination of not less than five (5.0) foot candles as measured at the floor level
and the illumination must be maintained at all times that any customer is present in or on the premises.
11. Unless a culpable mental state is otherwise specified herein, a showing of a reckless mental state shall be
sufficient to establish a violation of a provision of this section 3.29.02.
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ARTICLE 3: GENERAL REGULATIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 53
ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
Section 4.01 Boundaries
Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules
shall apply:
4.01.01. Boundaries indicated as approximately following the centerlines or right-of-way of streets, highways or alleys
shall be construed to follow such center or right-of-way lines unless otherwise noted.
4.01.02. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot
lines.
4.01.03. Boundaries indicated as following city/village limits shall be construed as following city/village limits.
4.01.04. Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
4.01.05. 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.
4.01.06. Boundaries indicated as parallel to or extensions of features indicated in subsection 4.01.01 through 4.01.05
above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be
determined by the scale of the map.
4.01.07. Where physical or cultural features existing on the ground are at variance with those shown on the Official
Zoning Map, or in other circumstance not covered by subsections 4.01.01 through 4.01.06 above, the Board
of Adjustment shall interpret the district boundaries.
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ARTICLE 3: GENERAL REGULATIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 54
Section 4.02: A-1 Agricultural – Primary District
4.02.01 Intent
The A-1 Agricultural District regulations are intended to provide for the preservation of lands best suited for
agricultural uses of all types including feed lots and the commercial feeding of livestock and accessory uses; to
prevent encroachment of uses of land that could be mutually incompatible and continue to provide for agricultural
uses as a major uses to the economy of the area for the use and conservation of agricultural land, to protect the
value of such land, and to protect it from indiscriminate residential and urban development and other incompatible
and conflicting land uses. The A-1 Agricultural District is also intended to conserve and protect the value of open
space, wooded areas, streams, mineral deposits and other natural resources and to protect them from incompatible
land uses and to provide for their timely utilization. The district intends to provide for the location and to govern
the establishment and operation of land uses that are compatible with agriculture and are of such nature that their
location away from residential, commercial and industrial areas is most desirable. In addition, to provide for the
location and to govern the establishment of residential uses which are accessory to and necessary for the conduct
of agriculture and to provide for the location and to govern the establishment and use of limited non-agricultural
residential uses. Such non-agricultural residential uses shall not be so located as to be detrimental to or conflict
with other uses that are named as permitted or conditional uses in this district and are appropriate to other property
in the area.
The nature of the A-1 Agricultural District and the uses allowed outright or by conditional use permit precludes the
provision of services, amenities and protection from other land uses which are afforded to residential uses by the
regulations of other districts, and it is not intended that the A-1 Agricultural District regulations afford such
services, amenities and protection to residential uses located therein.
4.02.012 Permitted Principal Uses
The following principal uses are permitted in the Agriculture A-1 District.
A Agricultural operations, and the usual agricultural and farm buildings and structures, including the
residences of the owners and their families and any tenants and employees who are engaged in
agricultural operations on the premises.
1. State Agencies shall govern all use of farm chemicals, including application of pesticides and
herbicides, and applicants using restricted-use pesticides shall be required to be certified as required
by law.
1. The spreading of manure by a “Farming” Operation. (as defined in Article 2 of this Resolution)
2. Agricultural operations having up to 1,000 A.U.’s are considered a farm and are permitted by right,
provided other requirements in this district are met and submission of a no-fee livestock registration permit
to the Hall County Regional Planning Director is done.
3. Operations having up to 1,000 animal units shall locate at least 1,320 feet from a platted residential area,
Public Park, recreational area, church, cemetery, religious area, school, historical site, and Residential
District.
4. Mobile homes are permitted only when the land is used or intended to be used only for agricultural
operations.
B Ranch and farm dwellings, subject to Section 4.02.08.
C Recreational camps, parks, playgrounds, golf courses, country clubs, tennis courts, riding academies and
other similar recreational uses.
D Single family dwelling subject to Section 4.02.08
E Utility substation, pumping station, water reservoir and telephone exchange
F Fire Stations.
G Churches, seminary and convent.
H Public and parochial school; college.
I Publicly owned and operated buildings and facilities such as community centers, auditoriums, libraries,
museums.
J Private kennels and facilities, provided that all buildings and facilities be at least 100 feet from the property
line and 300 feet from any neighboring residence.
K Roadside stands offering agricultural products for sale on the premises.
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ARTICLE 3: GENERAL REGULATIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 55
L Seed and feed sales, machine repair shop, livestock equipment construction and sales, as a primary
occupation in conjunction with an agricultural operation and be operated on the premises.
M Farm and industrial equipment sales.
N Public and private riding academies provided that no stable, building or structure in which horses or other
animals are kept is no closer than 100 feet from the property line
O Keeping of livestock on properties of less than 20 acres at a density not to exceed 2 animal units per acre
regardless of other setback requirements
P Class II Livestock Feeding Operations provided they meet the minimum setback/separation requirements
with 25 points (or have impact easements) and NDEQ requirements with 25 points (NDEQ requirements
must be met prior to operation) and score at least 25 additional points for a minimum score of 75 points on
the Livestock Siting Matrix found in Appendix B
Q All other Permitted Uses as indicated as Permitted within the Zoning Matrix.
4.02.03 Conditional Uses
The following uses are subject to any conditions listed in this Resolution and are subject to conditions relating to
the placement of said use on a specific tract of ground in the A-1 Agricultural District.
A Bed and breakfast residence subject to the following conditions in addition to those imposed by the
County Board:
A. The bed and breakfast residence shall be within a conforming single-family dwelling.
B. Guest rooms shall be within the principal residential building only and not within an accessory
building.
C. Each room that is designated for guest occupancy must be provided with a smoke detector
which is kept in good working order.
D. Two (2) off-street parking spaces shall be provided for each dwelling unit plus one (1) off-
street parking space for each sleeping room designated for guests. Such parking areas shall not be within the
required front or side yards.
E. One (1) identification sign on not more than four (4) square feet of sign area shall be
permitted.
B Publicly and privately owned dude ranches, forest and conservation areas, and golf driving ranges,
motorized cart tracks, or other outdoor recreational areas such as gun clubs, and archery, trap and skeet
ranges.
C Industrial uses as provided in the Zoning Matrix and the following minimum conditions are met:
A. Meets minimum lot requirements as established by this Resolution.
B. Meets minimum off-street parking requirements as established by this Resolution.
C. Meets minimum sanitary sewer requirements for the proposed use.
D. The lot(s) takes access from an improved county road or highway or are along a developed
public or private road that accesses an improved county road or highway.
D Commercial uses as provided in the Zoning Matrix and the following minimum conditions are met:
A. Meets minimum lot requirements as established by this Resolution.
B. Meets minimum off-street parking requirements as established by this Resolution.
C. Meets minimum sanitary sewer requirements for the proposed use.
D. The lot(s) takes access from an improved county road or highway or are along a developed
public or private road that accesses an improved county road or highway.
E All other Conditional Uses as indicated within the Zoning Matrix, provided the following minimum
conditions are met:
A. Meets minimum lot requirements as established by this Resolution.
B. Meets minimum off-street parking requirements as established by this Resolution.
C. Meets minimum sanitary sewer requirements for the proposed use.
D. The lot(s) takes access from an improved county road or highway or are along a developed
public or private road that accesses an improved county road or highway.
F Development of natural resources and the extraction of raw materials such as rock, gravel, sand, etc.,
including gas and oil extraction and exploration, and subject to the requirements of the Supplementary
Regulations.
G Radio, cellular and television towers and transmitters and are subject to the requirements of Section 6.01 of
the Supplementary Regulations.
H Airports.
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ARTICLE 3: GENERAL REGULATIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 56
I Manufacture of light sheet metal products including heating and ventilation equipment.
J Manufacture and/or processing of agricultural products including but not limited to ethanol plants and
mills.
K Truck and freight terminals.
L Commercial mining, quarries, sand and gravel pits and accessory uses.
M Storage of trucks, tractors, and trailers engaged in the transportation of explosives.
N Race tracks, drag strips and similar uses and associated accessory uses.
O Wind Energy devices.
P Community sewage disposal facilities.
Q Sanitary landfill siting or expansion conducted in a manner and method approved by the County Board of
Supervisors Commissioners, provided said landfill is not closer than 1,000 feet to a municipal well and/or
one mile to any village or city limits or any subdivision, addition or residence platted as of the effective
date of this resolution, see Section 6.04 of the Supplemental Regulations.
R Lawn and Garden Nurseries.
S Commercial Kennels and facilities for the raising, breeding and boarding of dogs and other small animals,
including exotic, non-farm and non-domestic animals, provided that all buildings and facilities be at least
100 feet from the property line and 300 feet from any neighboring residence.
T The spreading, stockpiling, or composting of dead livestock, sludge, by-products from manufacturing or
any processing plant, and/or paunch manure on agricultural land by municipalities or operations inside or
outside of the County.
U The application of livestock manure in Hall County by operations located outside the County.
V Class III, and IV Livestock Feeding Operations, subject to the license requirements, waste disposal
requirements and recommendations of the State of Nebraska and the Land Use specifications in the Hall
County Comprehensive Plan.
4.02.04 Standards for Livestock Feeding Operations
1. The following setbacks and design standards are the minimum sanitation and odor practices for Hall
County. In addition, the Hall County Board of Supervisors Commissioners, when considering the health,
safety, and general welfare of the public, may impose more restrictive requirements. These requirements
should consider such things as: property values,
dust, lighting,
waste disposal and Dead livestock.
3. A Conditional Use Permit may be approved after public notice has been given and public hearing is
conducted as required by law.
4. Agricultural Operations of 1,000 A.U. and under are considered a farm as defined in these Regulations
and do not require a Conditional Use Permit
5. All existing LFO’s that have been granted a conditional use permit may expand within their designated
level; except for the 20,000 and above which requires a new Conditional Use Permit for each expansion
beyond 20,000 A.U.’s, as outlined in Table 1, without applying for another conditional use permit. All
new LFO’s and those expanding to the next level shall require a Conditional Use Permit and shall be
located no less than at a distance from non-farm residences or other residences not on an owner's
property in any affected Zoning District as hereafter described:
A. Livestock Feeding Operations (LFO) will be categorized either as Environmentally Controlled
Housing (ECH) Operations or Open Lot Operations. LFOs having more than one type of feeding
operation at one location shall be categorized according to the operation which constitutes the
majority of the total operation. Each operation type shall be classified in one of four levels
according to total number of animal units (A.U.) in the operation at any one time. Levels will
include:
Class I Facility = 3010-1,000 animal units;
Class II Facility = 1,001-5,000 animal units;
Class III Facility = 5,001-20,000 animal units; and
Class IV Facility = 20,001 or more animal units.
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ARTICLE 3: GENERAL REGULATIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 57
LFOs having more than one type feeding operation at one location shall be categorized according
to the total number of animal units.
TABLE 1: LFO SPACING AND DISTANCE (Distances given in feet)
Size of Proposed LFO in Animal Units. Non-farm or Other Residence (feet)
Class I
301-1000
ECH 1,320
OPEN 1,320
Class II
1001-5000
ECH 5,280
OPEN 2,640
Class III
5001-20,000
ECH 5,280
OPEN 2,640
Class IV
20,000+
ECH 7,920
OPEN 3,960 ECH = Environmentally Controlled Housing
OPEN = Open Lot Operations
B. LFOs having more than a 1,000 animal units shall also locate at a distance as specified under
the ECH or Open Lots, in Table 1 from a house under different ownership than the
owner/operator of the LFO a platted, a residential area, public park, recreational area, church,
cemetery (excluding abandoned and personal historic cemeteries), religious area, school, state or
nationally designated historical site, and Residential District. LFO’s may locate closer than the
specified distance if the owner of said property has granted an impact easement (distance waiver)
and filed said documents against the property granting the easement.
C. All LFO’s over 20,000 Animal Units shall be required to obtain a new Conditional Use Permit prior to any
expansion, unless it meets the standards of the exceptions in the Exceptions Section.
D. The producer shall have a Pre-submission meeting with the Hall County Regional Planning Director and
Hall County Building Inspector to discuss tentative plans and layouts prior to formal submission of the
Conditional Use Permit for Livestock Feeding Operations.
1. A proposed site plan and conditions or requirements of this regulation pending approval of application for a
proposed operation and waste disposal plan from the Nebraska Department of Environmental Quality (NDEQ)
or any other applicable State Agency.
2. The applicant shall submit all pertinent materials and designs, as per the Conditional Use Permit Application
for Livestock Feeding Operations.
3. The applicant shall file a copy of the proposed Operation and Maintenance Plan and proposed Manure
Management Plan. The approved plans shall be submitted after NDEQ approval if different from the proposed.
Said plans shall be filed with the Hall County Regional Planning Director.
4. Shall also file a copy of all approved NDEQ plans and permits with the Hall County Regional Planning
Director within 30 days after they are issued by the NDEQ.
5. An annual manure management plan shall be submitted to the Hall County Regional Planning Director
which shall follow “best possible management practices” as specified by NDEQ in order to protect the
environment, as well as the health, safety and general welfare of the public and their property values.
6. If stockpiling of animal waste and/or composting of dead carcasses, as per State Statutes, are part of the
manure management plan, the waste shall be maintained in an area as outlined in Table 1 of this Section. Said
area shall also located on the proposed site plan indicated in number (A) above.
7. All ground surfaces within outside livestock pens shall be maintained to insure proper drainage of animal
waste and storm or surface runoff in such a manner as to minimize
8. In no event shall any manure storage unit or system be constructed where the bottom of the unit or system
is either in contact with or below the existing water table where the unit or system is to be constructed.
Application of manure in flooded areas of standing water shall be prohibited.
9. All runoff or waste generated by an LFO facility shall be contained within the associated farming
operation, or, on the premises upon which the confined feeding facility or feedlot is located. The applicant must
verify that all runoff control ponds, lagoons, methods of manure disposal and dust control measures are designed
to minimize offer and air pollution, and avoid surface or groundwater contamination as regulated by the State of
Nebraska.
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ARTICLE 3: GENERAL REGULATIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 58
10. The setbacks from an LFO to any non-farm dwelling, other residence or other LFO are as follows in Table
2:
5. Exceptions:
A. Any Class I Livestock Feeding Operation use in existence as of the effective
date of this Resolution, and which is located within the minimum spacing distance in Table 1
to any church, school, public use, other LFO or single-family dwelling within the current
class or to the next class, may expand in animal units and/or land area under a Conditional
Use Permit, provided the proposed expansion complies with all of the following limitations:
1. Such expansion will not decrease the distance from the LFO use to any church,
school, public use, other LFO or single-family dwelling not of the same ownership
and not on the same premises with said LFO which is less than the minimum
prescribed spacing distance.
2. Any physical expansion of the existing LFO shall be immediately contiguous
with
the facilities of the existing LFO.
3. Such expansion may occur in phases over time, but in no event shall such
expansion(s) result in a LFO that is more than 50% larger in animal units than the
one-time capacity of the use which existed as of the effective date of this Resolution.
Any expansion beyond this limitation is prohibited unless a Conditional Use Permit
for expansion that meets all requirements is heard by the Planning Commission and
authorized by the County Board of Supervisors Commissioners.
4. If such expansion results in such LFO being required to obtain a new
construction
permit from NDEQ, introduction of additional animals shall be prohibited until said
permit is issued by NDEQ or other applicable or successor agency has been issued
and such LFO shall be operated at all times in a manner consistent with the
requirements of said permit and applicable regulations of this Resolution.
4.02.05. Accessory Uses
The following accessory buildings and uses are permitted in the A-1 District.
1. Buildings and uses customarily incidental to the permitted and conditional uses.
2. Home occupation.
3. Temporary buildings and uses incidental to construction work which shall be removed upon
the completion or abandonment of the construction work.
4.02.06 Lot Requirements and Intensity of Use
1. The following table lists the minimum lot requirements and maximum building requirements in an A-1
District. These requirements shall be followed unless otherwise modified by this Resolution
Setbacks
Uses Min
Lot
Area
(acres)
Min. Lot
Width (feet)
Front
Yard
(feet)
Rear
Yard
(feet)
Side
Yard
(feet)
Max. Lot
Coverage
Min Lot
Area per
dwelling unit
(sq. ft.)
Max.
Building
Height
(feet)
Permitted Uses 20 100 35 35 20 10% 20,000 35*
Conditional
Uses
20 100 35 35 20 10% 20,000 35*
Agricultural
uses
1 100 35 35 20 10% 20,000 35*
*for structures intended for human occupancy, all others no restrictions.
2. The following requirements are allowed in specific situations within the jurisdiction of Hall County.
These requirements are:
A. ANY PERSON OR PERSONS WHO:
(1) owns a tract of 80 acres or more may sell one tract per 80 acres for a single family
dwelling, providing such sale has not been previously exercised on the large tract; and/or
(2) owns an existing ranch or farm dwelling that is 10 years old or more may sell a
tract containing such dwelling;
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ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 59
(3) providing the following space limitations are complied with:
Setbacks
Min Lot
Area
(sq. ft.)
Min. Lot
Width
(feet)
Front
Yard
(feet)
Rear
Yard
(feet)
Side
Yard
(feet)
Max.
Lot
Coverag
e
Max.
Building
Height
(feet)
20,000 80 30 25 15 40% 35*
*for structures intended for human occupancy, all others no restrictions.
4.02.07 Prohibited Uses
1. Any use not specifically listed as a permitted principal use or permitted accessory use.\
4.02.05 Supplementary Regulations
1. Residential dwelling units on non-agricultural land existing at the time of passage of these
regulations, may construct accessory structures, make repairs, replace, remodel, rebuild, or replace
the residential structure in case of damage regardless of the percent of damage or extent of
structural change provided the use does not change.
2. All new and existing livestock feeding operations and farms with livestock of 300 animal units or more
shall require a no-fee livestock registration permit. In addition, all new or expanded Livestock Feeding
Operations of over 5000 animal units shall meet the minimum setback/separation requirements with 25
points (or have impact easements) and NDEQ requirements with 25 points (NDEQ requirements can be
met after issuance of the conditional use permit but prior to operation) and score at least 25 additional
points for a minimum score of 75 points on the Livestock Siting Matrix found in Appendix B and
require a Conditional Use Permit as subject to in Section 4.03, subsection B of this Article.
A. New residences shall be located no less than at the following distances and those shown in
Table 2: Residential Spacing and Distance, from an existing permitted agricultural
operation having between more than 300 animal units and an LFO based upon the type of
operation. New residences may be located closer to an LFO if the owner of such residence
has been granted an impact easement from the owner of the LFO and the owner of the
residence has granted an impact easement to the LFO.. Both easements shall be filed with
the Register of Deeds.
TABLE 2: RESIDENTIALE SPACING AND DISTANCE (Distances given in feet)
SIZE OF EXISTING AGRICULTURAL OPERATION AND LFO IN A.U.
301-1,000 1,001-5,000 5,001-20,000 20,000+
New Residence* near
open lots
1,980
3,960 3,960 5,940
New Residence* near
ECH
1,980 7,920 7,920 11,880
*This shall not prohibit building a residence within the specified distance as part of the farming/feeding
operation.
Amended Res 18-033 June 26, 2018
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ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 60
Section 4.03: A-2 – Agricultural Secondary District
4.03.01 Intent
4.03.01 Intent
The intent of this district is to recognize the agricultural uses of land and communities; to encourage the
continued use of that land which is suitable for agriculture, but limit the land uses that may be a detriment to
the efficient pursuit of agricultural production.
4.03.02 Permitted Principal Uses
The following principal uses are permitted in the A-2 Agricultural Secondary District:
1. Agriculture, farming, dairy farming, livestock and poultry raising, and all uses commonly classed as
agricultural, with no restrictions as to operation of such vehicles or machinery as are customarily
incidental to such uses, and with no restrictions as to the sale or marketing of products raised on the
premises; provided that the operation is no more than 500 animal units and, that any building,
structure or yard for the raising, confinement, housing, or sale of livestock or poultry shall be located
at least 1,320 feet from a neighbor’s dwelling, and further provided, that there shall be no feeding,
spreading, accumulation or disposal of garbage, rubbish, or offal on any open surface of the land.
2. Churches and publicly owned and operated community buildings, public museums, public libraries.
3. Single-family dwellings, provided the intensity of use and all other requirements of this district are
met. In no case are single-family dwellings permitted on tracts without legal access to an improved road.
4. Fish hatcheries, apiaries, aviaries.
5. Forests and wildlife reservations, or similar conservation projects.
6. Fur farming for the raising of fur bearing animals.
7. Golf courses and clubhouses customarily accessory thereto, except miniature golf, driving ranges and
other similar activities operated as a business.
8. Hospitals, sanitariums, homes for the aged and feeble minded.
9. Private Kennels, provided the buildings and pens shall be located at least 100 feet from the property
line and 300 feet from any neighboring residence.
10. Mushroom barns and caves.
11. Nurseries, greenhouses, and truck gardens.
12. Philanthropic or eleemosynary institutions.
13. Picnic groves.
14. Publicly owned parks and playgrounds, including public recreation or service building within such
parks, public administrative building, police and fire stations and public utility buildings and structures.
15. Public schools, elementary and high, and private schools with curriculum equivalent to that of a
public elementary or high school, and institutions of higher learning, including stadiums and dormitories in
conjunction, if located on the campus.
16. Railroad rights-of-way not including railroad yards.
17. Riding stables and riding tracks.
18. Cemeteries and mortuaries.
19. Keeping of livestock on properties of less than 20 acres at a density not to exceed 2 animal units per
acre regardless of other setback requirements
20. All Permitted Uses as indicated in the Zoning Matrix.
4.03.03 Conditional Uses
The following conditional uses may be allowed as per Article 5 of this Resolution. Approval shall depend
upon the ability of the application to meet specific minimum conditions/requirements. The final consideration
may require additional conditions to be met that are specific to the site in question.
1. Airports and heliports.
2. Bed and breakfast residence subject to the following conditions in addition to those imposed by the
Governing Body:
A. The bed and breakfast residence shall be within a conforming single-family dwelling.
B. Guest rooms shall be within the principal residential building only and not within
an accessory building.
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ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 61
C. Each room that is designated for guest occupancy must be provided with a smoke detector
which is kept in good working order.
D. Two (2) off-street parking spaces shall be provided for each dwelling unit plus one (1)
off-street parking space for each sleeping room designated for guests. Such parking areas shall not be
within the required front or side yards.
E. One (1) identification sign on not more than four (4) square feet of sign area shall
be permitted.
3. Commercial kennels and facilities for the raising, breeding and boarding of dogs and other
small animals, including exotic, non-farm and non-domestic animals, provided that all buildings
and facilities be at least 100 feet from the property line and 300 feet from any neighboring
residence.
4. Industrial uses as provided in the Zoning Matrix and the following minimum conditions are met:
A. Meets minimum lot requirements as established by this Resolution.
B. Meets minimum off-street parking requirements as established by this Resolution.
C. Meets minimum sanitary sewer requirements for the proposed use.
D. The lot(s) takes access from an improved county road or highway or are along a
developed public or private road that accesses an improved county road or highway.
5. Commercial uses as provided in the Zoning Matrix and the following minimum conditions are
met:
A. Meets minimum lot requirements as established by this Resolution.
B. Meets minimum off-street parking requirements as established by this Resolution.
C. Meets minimum sanitary sewer requirements for the proposed use.
D. The lot(s) takes access from an improved county road or highway or are along a developed
public or private road that accesses an improved county road or highway.
6. All other Conditional Uses as indicated within the Zoning Matrix, provided the following minimum
conditions are met:
A. Meets minimum lot requirements as established by this Resolution.
B. Meets minimum off-street parking requirements as established by this Resolution.
C. Meets minimum sanitary sewer requirements for the proposed use.
D. The lot(s) takes access from an improved county road or highway or are along a developed
public or private road that accesses an improved county road or highway.
7. Farm and industrial equipment sales
8. Development of natural resources and the extraction of raw materials, such as rock, gravel,
sand and soil and conditions referred to in Section 6.02 of the Supplemental Regulations.
9. Wind Energy systems
10. The application of manure by any livestock feeding operation (LFO as defined in these
Regulations) from inside or outside the County.
11. Utility installations such as electric substations, sewer lift stations, telephone exchanges, gas
regulators and major transmission lines (not including utility office, repair, storage or
production facilities).
12. Radio, Cellular and television towers and transmitters and subject to the requirements of
Section 6.01 of the Supplemental Regulations.
4.03.04 Permitted Accessory Uses.
The following accessory buildings and uses are permitted in the A-2 District.
1. Buildings and uses customarily incidental to the permitted and conditional uses.
2. Home occupation.
3 Temporary buildings and uses incidental to construction work and shall be removed upon the
completion or abandonment of the construction work
4.03.05 Area and Intensity Regulations
In the A-2 – Agricultural Secondary District the height of buildings, the minimum dimensions of lots and yards,
and the minimum lot area per family permitted on any lot shall be as follows:
The minimum lot requirements shall be as follows:
Setbacks
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ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 62
Uses Min Lot
Area
(acres)
Min. Lot
Width
(feet)
Front
Yard
(feet)
Rear
Yard
(feet)
Side
Yard
(feet)
Max. Lot
Coverage
Min Lot
Area per
dwelling unit
(sq. ft.)
Max.
Building
Height
(feet)
Permitted
Uses
3 100 30 25 15 25% 20,000 35*
Conditional
Uses
3 100 30 25 15 25% 20,000 35*
*for structures intended for human occupancy, all others no restrictions.
4.03.06 Prohibited Uses
Any use not specifically listed as a permitted principal use or permitted accessory use.
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ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 63
Section 4.04: A-3 Agricultural - Transitional District
4.04.01 Intent
The intent of this district is to recognize the transition between agricultural uses of land and communities; to
encourage the continued use of that land which is suitable for agriculture, but limit the land uses that may be a
detriment to the efficient pursuit of agricultural production.
4.04.02 Permitted Principal Uses
The following principal uses are permitted in the A-3 Agricultural - Transitional District:
1. Agriculture, farming, dairy farming, livestock and poultry raising, and all uses commonly classed as
agricultural, with no restrictions as to operation of such vehicles or machinery as are customarily
incidental to such uses, and with no restrictions as to the sale or marketing of products raised on the
premises. Livestock may be allowed in this district provided the following ratio is met:
A. One (1) A.U. for the first acre
B. One (1) A.U. for each additional one-half (½) Acre of ground
C. No more than 300 A.U.’s will be allowed on any tract of land.
2. Churches and publicly owned and operated community buildings, public museums, public libraries.
3. Single-family dwellings provided the intensity of use and all other requirements of this district are
met. In no case are single-family dwellings permitted on tracts without legal access to an improved
road.
4. Fish hatcheries, apiaries, aviaries.
5. Forests and wildlife reservations, or similar conservation projects.
6. Fur farming for the raising of fur bearing animals.
7. Golf courses and clubhouses customarily accessory thereto, except miniature golf, driving ranges, and
other similar activities operated as a business.
8. Hospitals, sanitariums, homes for the aged and feeble minded.
9. Private Kennels, provided the buildings and pens shall be located at least 100 feet from the property
line and 300 feet from any neighboring residence.
10. Mushroom barns and caves.
11. Nurseries, greenhouses, and truck gardens.
12. Philanthropic or eleemosynary institutions.
13. Picnic groves.
14. Publicly owned parks and playgrounds, including public recreation or service building within such
parks, public administrative building, police and fire stations and public utility buildings and
structures.
15. Public schools, elementary and high, and private schools with curriculum equivalent to that of a
public elementary or high school, and institutions of higher learning, including stadiums and
dormitories in conjunction, if located on the campus.
16. Railroad rights-of-way not including railroad yards.
17. Riding stables and riding tracks.
18. Cemeteries and mortuaries.
19. Accessory Uses.
20. All Permitted Uses as indicated in the Zoning Matrix.
4.04.03 Conditional Uses
The following conditional uses may be allowed as per Article 5 of this Resolution. Approval shall depend upon
the ability of the application to meet specific minimum conditions/requirements. The final consideration may
require additional conditions to be met that are specific to the site in question.
1. Airports and heliports.
2. Bed and breakfast residence subject to the following conditions in addition to those imposed by the
Governing Body:
A. The bed and breakfast residence shall be within a conforming single-family dwelling.
B. Guest rooms shall be within the principal residential building only and not within an
accessory building.
C. Each room that is designated for guest occupancy must be provided with a smoke detector
which is kept in good working order.
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ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 64
D. Two (2) off-street parking spaces shall be provided for each dwelling unit plus one (1) off-
street parking space for each sleeping room designated for guests. Such parking areas shall
not be within the required front or side yards.
E. One (1) identification sign on not more than four (4) square feet of sign area shall be
permitted.
3. Commercial kennels and facilities for the raising, breeding and boarding of dogs and other small
animals, including exotic, non-farm and non-domestic animals, provided that all buildings and
facilities be at least 100 feet from the property line and 300 feet from any neighboring residence.
4. Industrial uses as provided in the Zoning Matrix and the following minimum conditions are met:
A. Meets minimum lot requirements as established by this Resolution.
B. Meets minimum off-street parking requirements as established by this Resolution.
C. Meets minimum sanitary sewer requirements for the proposed use.
D. The lot(s) takes access from an improved county road or highway or are along a developed public
or private road that accesses an improved county road or highway.
5. Commercial uses as provided in the Zoning Matrix and the following minimum conditions are met:
A. Meets minimum lot requirements as established by this Resolution.
B. Meets minimum off-street parking requirements as established by this Resolution.
C. Meets minimum sanitary sewer requirements for the proposed use.
D. The lot(s) takes access from an improved county road or highway or are along a developed public
or private road that accesses an improved county road or highway.
6. All other Conditional Uses as indicated within the Zoning Matrix, provided the following minimum
conditions are met:
A. Meets minimum lot requirements as established by this Resolution.
B. Meets minimum off-street parking requirements as established by this Resolution.
C. Meets minimum sanitary sewer requirements for the proposed use.
D. The lot(s) takes access from an improved county road or highway or are along a developed public
or private road that accesses an improved county road or highway.
7. Farm and industrial equipment sales.
8. Development of natural resources and the extraction of raw materials, such as rock, gravel, sand and
soil, and conditions referred to in Section 6.02 of the Supplemental Regulations.
9. Wind energy systems
10. The application of manure by any livestock feeding operation (LFO as defined in these Regulations)
from inside or outside the County.
11. Utility installations such as electric substations, sewer lift stations, telephone exchanges, gas
regulators and major transmission lines (not including utility office, repair, storage or production
facilities).
12. Radio, Cellular and television towers and transmitters and are subject to the requirements of Section
6.01 of the Supplemental Regulations.
4.04.04 Permitted Accessory Uses.
The following accessory buildings and uses are permitted in the A-3 District.
1. Buildings and uses customarily incidental to the permitted and conditional uses.
2. Home occupation.
3. Temporary buildings and uses incidental to construction work and shall be removed upon the
completion or abandonment of the construction work.
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ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 65
4.04.05 Area and Intensity Regulations
In the A-3 Agricultural-Transitional District the height of buildings, the minimum dimensions of lots and
yards, and the minimum lot area per family permitted on any lot, shall be as follows:
The following table lists the minimum lot requirements and maximum building requirements in an A-3 District.
These requirements shall be followed unless otherwise modified by this Resolution
Setbacks
Uses Min. Lot
Area
(sq. ft.)
Min. Lot
Width (feet)
Front
Yard
(feet)
Rear
Yard
(feet)
Side
Yard
(feet)
Max. Lot
Coverage
Min. Lot
Area per
Dwelling
Unit (sq. ft.)
Max.
Building
Height
(feet)
Permitted
Uses
20,0002 100 30 25 15 25% 20,0002 351
Conditional
Uses
20,0002 100 30 25 15 25% 20,0002 351
1 for structures intended for human occupancy, all others no restrictions.
2 12,000 sq. ft. with individual or community water and a community sewage disposal system.
4.04.06 Prohibited Uses
Any use not specifically listed as a permitted principal use or permitted accessory use.
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ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 66
Section 4.05: AG-SC Special Agriculture/Conservation Zone
4.05.01 Intent
This special use district is to maintain lands in a predominately agricultural use, yet allow for limited, low
impact recreational uses associated with pedestrian and equestrian trails, in accordance with the
Cornhusker Army Ammunition Plant (CAAP) Comprehensive Reuse Plan. Ranch and farm dwellings are
not allowed due to Environmental Protection Agency issues with the CAAP site.
4.05.02 Permitted Principal Uses
The following principal uses are permitted in the Secondary Agriculture AG-SC District.
1. Agricultural uses excluding feed lots and the commercial feeding of livestock.
2. Raising of field crops and horticulture.
3. Pedestrian and equestrian trails and associated low impact recreational uses, when consistent with the
CAAP Comprehensive Land Use Plan.
4. Groundwater treatment facilities, contaminated soil remediation facilities.
5. All other Permitted Principal Uses indicated as Permitted within the Zoning Matrix.
4.05.03 Conditional Uses
The following uses are subject to any conditions listed in this Resolution and are subject to conditions relating to
the placement of said use on a specific tract of ground in the AG-SC District.
1. Utility substations, communication towers.
2. Flood control facilities/improvements.
3. Stock yard, feed yards and accessory uses provided the use can meet the separation distances found in
Table 1 in the A-1 District.
4. All other Conditional Uses indicated as Conditional within the Zoning Matrix.
4.05.04 Permitted Accessory Uses
1. Other buildings or uses accessory to a permitted use.
4.05.05 Prohibited Uses
1. Any use not specifically listed as a permitted principal use, conditional uses or permitted accessory use.
2. Ranch and/or farm dwellings.
4.05.06 Area and Intensity Regulations
In the AG-SC District, the height of buildings, the minimum dimensions of lots and yards permitted on any lot or
tract, shall be as follows:
Uses Minimum Setbacks
Min.
Parcel
Area
(acres)
Min. Lot
Width
(feet)
Front
Yard
(feet)
Rear
Yard
(feet)
Side
Yard
(feet)
Street
Side
Yard
(feet)
Max.
Ground
Coverage
Max.
Building
Height
(feet)
Permitted
Uses
20 100 35 - - - 30% -
Conditional
Uses
20 100 35 - - - 30% -
4.05.07 Miscellaneous Provisions
1. Supplementary district regulations shall be complied with as required herein.
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ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 67
Section 4.06: AG-SE-Special Agriculture/Events Zone
4.06.01 Intent
This special use district is to allow for agricultural uses as well as special agricultural demonstration event, expositions
and trade shows that require large land areas, in accordance with the Cornhusker Army Ammunition Plant (CAAP)
Comprehensive Reuse Plan. Ranch and farm dwellings are not allowed due to Environmental Protection Agency issues
with the CAAP site. Adult Establishments are permitted uses in this Zoning District, but are regulated to control the
negative secondary effects of these uses, as set forth in Article 3, Section 3.29.
4.06.02 Permitted Principal Uses
The following principal uses are permitted in the Secondary Agriculture AG-SE District.
1. Adult Establishments.
2. All other Permitted Principal Uses indicated as Permitted within the Zoning Matrix.
The following uses are subject to any conditions listed in this Resolution and are subject to conditions relating to
the placement of said use on a specific tract of ground in the AG-SE District.
1. Utility substations, communication towers.
2. Flood control facilities/improvements.
3. All other Conditional Uses indicated as Conditional within the Zoning Matrix.
4.06.04 Permitted Accessory Uses
1. Other buildings or uses accessory to a permitted use.
4.06.05 Prohibited Uses
1. Any use not specifically listed as a permitted principal use, conditional uses or permitted accessory use.
2. Ranch and/or farm dwellings.
4.06.06 Area and Intensity Regulations
In the AG-SE District, the height of buildings, the minimum dimensions of lots and yards permitted on any lot or
tract, shall be as follows:
Uses Minimum Setbacks
Min.
Parcel
Area
(acres)
Min. Lot
Width
(feet)
Front
Yard
(feet)
Rear
Yard
(feet)
Side
Yard
(feet)
Street
Side
Yard
(feet)
Max.
Ground
Coverage
Max.
Building
Height
(feet)
Permitted
Uses
20 100 35 - - - 65% -
Conditional
Uses
20 100 35 - - - 65% -
4.06.07 Miscellaneous Provisions
1. Supplementary district regulations shall be complied with as required herein.
Grand Island Regular Meeting - 4/6/2022 Page 89 / 236
ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 68
Section 4.07: AG-SI-Special Agriculture/Industrial Zone
4.07.01 Intent
This special use district is to allow for agricultural uses as well as manufacturing, processing, fabrication, research,
warehousing, storage and wholesaling facilities in accordance with the Cornhusker Army Ammunition Plant (CAAP)
Comprehensive Reuse Plan. Ranch and farm dwellings are not allowed due to the Environmental Protection Agency
issues with the CAAP site. Adult Establishments are permitted uses in this Zoning District, but are regulated to control
the negative secondary effects of these uses, as set forth in Article 3, Section 3.29.
4.07.02 Permitted Principal Uses
The following principal uses are permitted in the Secondary Agriculture AG-SI District.
1. Adult Establishments.
2. All other Permitted Principal Uses indicated as Permitted within the Zoning Matrix.
4.07.03 Conditional Uses
The following uses are subject to any conditions listed in this Resolution and are subject to conditions relating to
the placement of said use on a specific tract of ground in the AG-SI District.
1. Industrial uses with more significant health and safety concerns: wrecking, scrap or garbage.
disposal/recycling yard; explosives manufacture or storage; chemical, acid, or petroleum refining or
storage; meat packing plants; milling and smelting of ores.
2. Utility substations, communication towers.
3. Flood control facilities/improvements.
4. Stock yards, feed yards and accessory uses provided the use can meet the separation distances found in
Table 1 in the A-1 District.
5. All other Conditional Uses indicated as Conditional within the Zoning Matrix.
4.07.04 Permitted Accessory Uses
1. Other buildings or uses accessory to a permitted use or conditional use.
4.07.05 Prohibited Uses
1. Farm dwellings.
2. Any use not specifically listed as a permitted principal use, conditional or permitted accessory use.
4.07.06 Area and Intensity Regulations
In the AG-SI District, the height of buildings, the minimum dimensions of lots and yards permitted on any lot or
tract, shall be as follows:
Uses Minimum Setbacks
Min.
Parcel
Area
(acres)
Min. Lot
Width
(feet)
Front
Yard
(feet)
Rear
Yard
(feet)
Side
Yard
(feet)
Street
Side
Yard
(feet)
Max.
Ground
Coverage
Max.
Building
Height
(feet)
Agricultural Uses 20 100 35 - - - 65% -
Non Agricultural
Uses
1 100 35 - - - 65% -
Rail Road Uses 1 80 35 - - - 20% -
4.07.07 Miscellaneous Provisions
1. Supplementary district regulations shall be complied with as required herein.
Grand Island Regular Meeting - 4/6/2022 Page 90 / 236
ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 69
Section 4.08: SRC-Special Recreation/Conservation Zone
4.08.01 Intent
This district use is to allow for special outdoor recreational shooting facilities, recreational vehicle
campgrounds as well as low impact recreational uses associated with pedestrian and equestrian trails, in
accordance with the Cornhusker Army Ammunition Plant (CAAP) Comprehensive Reuse Plan.
4.08.02. Permitted Principal Uses
The following principal uses are permitted in the SRC District.
1. Agricultural uses excluding feed lots and the commercial feeding of livestock.
2. Raising of field crops and horticulture.
3. Lot impact recreational uses associated with pedestrian and equestrian trails, when consistent with the
CAAP Comprehensive Land Use Plan.
4. Recreational vehicle campgrounds.
5. Outdoor recreational shooting facilities.
6. All other Permitted Principal Uses indicated as Permitted within the Zoning Matrix.
4.08.03 Conditional Uses
The following uses are subject to any conditions listed in this Resolution and are subject to conditions relating to
the placement of said use on a specific tract of ground in the SRC District.
1. Caretaker dwelling associated with outdoor recreational shooting facilities and recreational vehicle
campgrounds.
2. All other Conditional Uses indicated as Conditional within the Zoning Matrix.
4.08.04. Permitted Accessory Uses
1. Other buildings or uses accessory to a permitted use or a conditional use.
4.08.05. Prohibited Uses
1. Any use not specifically listed as a permitted principal use, conditional uses, or permitted accessory use
4.08.06. Area and Intensity Regulations
In the SRC District, the height of buildings, the minimum dimensions of lots and yards permitted on any lot or
tract, shall be as follows:
Uses Minimum Setbacks
Min.
Parcel
Area
(acres)
Min. Lot
Width
(feet)
Front
Yard
(feet)
Rear
Yard
(feet)
Side
Yard
(feet)
Street
Side
Yard
(feet)
Max.
Ground
Coverage
Max.
Building
Height
(feet)
Permitted
Uses
20 100 35 35 20 20 30% -
Conditional
Uses
20 100 35 35 20 20 30% -
4.08.07 Miscellaneous Provisions
1. Supplementary district regulations shall be complied with as required herein.
Grand Island Regular Meeting - 4/6/2022 Page 91 / 236
ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 70
Section 4.09: R-1 Residential - District
4.09.01 Intent
The R-1 district is established for the purpose of low-density single-family dwelling control and to allow certain
public facilities. Regulations are intended to control density of population and to provide adequate open space
around buildings and structures in the district to accomplish these purposes. The intent of this district is to
recognize the gradual urbanization near cities and to provide for the proper development and facilities necessary
for future growth.
4.09.02 Permitted Principal Uses
1. Single-family dwellings.
2. Public parks and recreational areas and community buildings owned and operated by a public agency.
3. Churches, synagogues, and other similar places of worship.
4. Public and parochial schools.
5. Golf courses, pitch and putt golf courses and driving tees. Miniature golf is permitted if it is a part of
the total golfing operation.
2. All Permitted Uses as indicated in the Zoning Matrix.
4.09.03 Conditional Uses
The following conditional uses may be allowed as per Article 5 of this Resolution. Approval shall depend
upon the ability of the application to meet specific minimum conditions/requirements. The final
consideration may require additional conditions to be met that are specific to the site in question.
1. Home occupations, subject to the following:
A. That such uses are located in the dwelling used by a person as his/her private residence.
B. That no assistance other than a member of the family household is employed, and no
window display or sign, either illuminated or more than two (2) square feet in area is used
to advertise the same.
2. Utility Substations.
3. Residential dwellings on less than the minimum lot requirements provided the following minimum
conditions are met:
A. The dwelling unit is part of a subdivision.
B. The dwelling unit has a minimum lot area of 12,000 square feet.
C. The subdivision is served by private water or centralized water system and a centralized
sewer system.
D. The subdivision meets all the requirements of the Subdivision Regulations.
4. All other Conditional Uses indicated as Conditional within the Zoning Matrix.
4.09.04 Accessory Uses
The following accessory buildings and uses are permitted in the R-1 District.
1. Buildings and uses customarily incidental to the permitted and conditional uses.
2. Temporary buildings and uses incidental to construction work and shall be removed upon the
completion or abandonment of the construction work.
Grand Island Regular Meeting - 4/6/2022 Page 92 / 236
ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 71
4.09.05 Area and Intensity Regulations
In the R-1 Residential District, the height of buildings, the minimum dimensions of lots and yards, and the
minimum lot area per family permitted on any lot or tract, shall be as follows:
Setbacks
Uses Min. Lot
Area
(sq. ft.)
Min. Lot
Width
(feet)
Front
Yard
(feet)
Rear
Yard
(feet)
Side
Yard
(feet)
Max. Lot
Coverage
Min. Lot
Area per
Dwelling
Unit
(sq. ft.)
Max.
Building
Height
(feet)
Permitted
Uses
20,0002 100 30 25 15 25% 20,0002 351
Conditional
Uses
20,0002 100 30 25 15 25% 20,0002 351
1 for structures intended for human occupancy, all others no restrictions.
2 12,000 sq. ft. with individual or community water and a community sewage disposal system.
Grand Island Regular Meeting - 4/6/2022 Page 93 / 236
ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 72
Section 4.10: R-M Mobile Home Residential District
4.10.01 Intent
The intent of the Mobile Home Residential District shall be to provide for mobile home dwellings on leased
or owned property in areas where a mobile home court is appropriate, where such development is
recognized as being in the best interests of the citizens and taxpayers of Hall County.
4.10.02 Permitted Principal Uses
The following uses are permitted in the R-M Mobile Home Residential District.
1. Mobile home dwellings.
2. Single family dwelling.
3. Public School.
4. Private and public park, playground and recreational facilities.
5. Church, educational facilities and parish house.
6. On-site sign.
7. Multi-unit dwellings, provided such use is part of a Planned Unit Development-Residential.
4.10.03 Conditional Uses
1. Buildings and uses customarily incidental to the permitted uses.
2. Home occupation, subject to the following:
A. That such uses are located in the dwelling used by a person as his/her private residence.
B. That no assistance other than a member of the family household is employed, and no
window display or sign, either illuminated or more than two (2) square feet in area is used
to advertise the same.
3. Off-street parking.
4. Mobile Home Park, subject to regulations in Section 4.10.04 through 4.10.06 of this Section.
5. Nursery or daycare schools.
6. Utility installations such as electric substations, sewer lift stations, telephone exchanges, gas
regulators and major transmission lines (not including utility office, repair, storage or production
facilities).
7. Sewage disposal and water supply and treatment facilities.
8. Campgrounds.
9. Public buildings.
4.10.04 Area and Lot Requirements
1. A mobile home park shall have an area of not less than five (5) acres. No mobile homes or other
structures shall be located less than 83 feet from the road centerline when contiguous to or having
frontage to a County road or state highway. The setback on all other court property lines shall be 25
feet. These areas shall be landscaped. The minimum lot width for a mobile home court shall be
200 feet.
2. Each lot provided for occupancy of a single mobile home shall have an area of not less than 7,500
square feet, excluding road R.O.W., and a width of not less than 70 feet for an interior lot, 80 feet
for a corner lot, or 45 feet when facing a cul-de-sac turnaround or curve on a minor loop street.
Each individual lot shall have:
A. Side yards shall not be less than eight (8) feet on one side and not less than eight (8) feet
on the other side, except that on corner lots, the setback for all buildings shall be a
minimum of 30 feet on the side abutting a street/road.
B. Front yard of not less than 30 feet.
C. A rear yard of not less than 25 feet.
3. There shall be a minimum livable floor area of 500 square feet in each mobile home.
4. Height of buildings.
A. Maximum height for principal uses: 35 feet.
B. Maximum height for accessory uses: 20 feet.
Grand Island Regular Meeting - 4/6/2022 Page 94 / 236
ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 73
4.10.05 Community Facilities
1. Each lot shall have access to a hard surfaced drive not less than 22 feet in width excluding parking.
2. Community water and community sewage disposal facilities shall be provided with connections to
each lot. The water supply shall be sufficient for domestic use and for fire protection.
3. Service buildings including adequate laundry and drying facilities and toilet facilities for mobile
homes which do not have these facilities within each unit.
4. Not less than 8% of the total court area shall be designated and used for park, playground, and
recreational purposes.
5. Storm shelters shall be required and shall meet the following criteria:
A. Shelter space equivalent to two (2) persons per mobile home lot,
B. Designed in conformance with “National Performance Criteria for Tornado Shelters” by
the Federal Emergency Management Agency (FEMA) and any other referenced material
by FEMA,
C. Shelters shall be sited in order to provide maximum protection to park occupants and so
that residents may reach a shelter within the maximum safe time frame as directed by
FEMA.
4.10.06 Plan Requirements
A complete plan of the mobile home court 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 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.
Grand Island Regular Meeting - 4/6/2022 Page 95 / 236
ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 74
Section 4.11: HC Highway Commercial District
4.11.01 Intent
The intent of this district is to provide for those trade services, cultural and recreational uses that are appropriate
to be developed in conjunction with a highway or major street, thereby offering a desired convenience in
location and accessibility to the motoring public.
4.11.02 Permitted Principal Uses
The following uses are permitted in the HC Highway Commercial District.
1. Professional, medical and personal service uses.
2. Automotive vehicle service stations.
3. Retail sale uses such as
A. aircraft,
B. automobiles (including accessories and parts),
C. appliances,
D. bicycles and accessories,
E. boats,
F. books and stationery,
G. baked goods,
H. cameras,
I. candy,
J. carpets,
K. clothing,
L. curios,
M. dairy products,
N. drugs,
O. fish and seafood,
P. farm equipment and supplies,
Q. furniture,
R. flowers and plant materials,
S. furs,
T. groceries,
U. guns,
V. hardware,
W. instruments,
X. hats,
Y. jewelry,
Z. liquor,
AA. meats,
BB. mobile homes,
CC. motor vehicles,
DD. newspapers and magazines,
EE. paint,
FF. pastries,
GG. porcelain,
HH. poultry and poultry products,
II. seed,
JJ. shoes,
KK. sporting goods,
LL. tobacco and tobacco products, and
MM. trailers.
4. Hotels and motels.
5. Eating and drinking places.
6. Cultural, entertainment, drive-in movies, arenas and field houses, race tracks, fairgrounds, amusement
parks, golf driving ranges, go-cart tracks, golf courses and country clubs, riding stables, athletic fields
and parks.
7. Raising of field crops and horticulture.
Grand Island Regular Meeting - 4/6/2022 Page 96 / 236
ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 75
8. Outdoor advertising business.
9. All Permitted Uses as indicated in the Zoning Matrix.
4.11.03 Conditional Uses
The following conditional uses may be allowed as per Article 5 of this Resolution. Approval shall depend upon
the ability of the application to meet specific minimum conditions/requirements. The final consideration may
require additional conditions to be met that are specific to the site in question.
1. Utility substations.
2. Truck terminals, tractor, trailer or truck storage, including maintenance facilities.
3. All other Conditional Uses indicated as Conditional within the Zoning Matrix.
4.11.04 Permitted Accessory Uses
1. Other uses normally appurtenant to the permitted uses when established in conformance with the space
limits of this district.
4.11.05 Prohibited Uses
1. Single-family dwellings.
2. Two family dwellings.
3. Multiple-family dwellings.
4. Mobile home dwellings.
5. Ranch and farm dwellings.
6. All uses that are not specifically permitted or are not permissible as a conditional use.
4.11.06 Area and Intensity Regulations
In the HC Highway Commercial District, the height of buildings, the minimum dimensions of lots and
yards, and the minimum lot area per family permitted on any lot or tract, shall be as follows:
Setbacks
Uses Min. Lot
Area
(sq. ft.)
Min. Lot
Width
(feet)
Front
Yard
(feet)
Rear
Yard
(feet)
Side
Yard
(feet)
Max. Lot
Coverage
Max.
Building
Height
(feet)
Permitted
Uses
20,000 80 50 20 10 40% 50
Conditional
Uses
20,000 80 50 20 10 40% 50
4.11.07 Miscellaneous Provisions
1. Supplementary district regulations shall be complied with as defined herein.
Grand Island Regular Meeting - 4/6/2022 Page 97 / 236
ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 76
Section 4.12: RC Restricted Commercial District
4.12.01 Intent
The intent of this district is to provide for only those trade and service uses in conjunction with the federal
interstate highway interchanges as are needed and considered appropriate to the location.
4.12.02 Permitted Principal Uses
The following uses are permitted in the RC Highway Commercial District.
1. Hotels and motels.
2. Eating and drinking places.
3. Automotive vehicle service stations.
4. Raising of field crops and horticulture.
5. Outdoor advertising business.
6. All Permitted Uses as indicated in the Zoning Matrix.
4.12.03 Conditional Uses
The following conditional uses may be allowed as per Article 5 of this Resolution. Approval shall depend upon
the ability of the application to meet specific minimum conditions/requirements. The final consideration may
require additional conditions to be met that are specific to the site in question.
1. Utility substations.
2. Travel trailer parks and camping facilities.
3. Recreational uses such as amusement parks, miniature golf courses.
4. All other Conditional Uses indicated as Conditional within the Zoning Matrix.
4.12.04 Permitted Accessory Uses
1. Other uses normally appurtenant to the permitted uses when established in conformance with the space
limits of this district.
4.12.05 Prohibited Uses
1. Single-family dwellings.
2. Two family dwellings.
3. Multiple-family dwellings.
4. Mobile home dwellings.
5. Ranch and farm dwellings.
4.12.06 Area and Intensity Regulations
In the RC Restricted Commercial District, the height of buildings, the minimum dimensions of lots and
yards, and the minimum lot area per family permitted on any lot or tract, shall be as follows:
Setbacks
Uses Min. Lot
Area
(sq. ft.)
Min. Lot
Width (feet)
Front
Yard
(feet)
Rear
Yard
(feet)
Side
Yard
(feet)
Max. Lot
Coverage
Max.
Building
Height
(feet)
Permitted
Uses
40,000 200 100 20 10 60% 100
Conditional
Uses
40,000 200 100 20 10 60% 100
4.12.07 Miscellaneous Provisions
1. Supplementary district regulations shall be complied with as defined herein.
Grand Island Regular Meeting - 4/6/2022 Page 98 / 236
ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 77
Section 4.13: LC Local Commercial District
4.13.01 Intent
The intent of this district is to provide for the retail trade, service, and cultural and recreational needs of local
neighborhood areas.
4.13.02 Permitted Principal Uses
The following uses are permitted in the LC Local Commercial District.
1. Hotels and motels.
2. Eating and drinking places.
3. Automotive vehicle service stations.
4. Professional, medical and personal service uses.
5. Retail sale uses such as:
A. appliances,
B. baked goods,
C. beverages,
D. books,
E. cameras and film,
F. candy,
G. clothing,
H. confectionery items,
I. curios,
J. dairy products,
K. drugs,
L. dry goods,
M. electrical goods,
N. fish and seafood,
O. flowers and plant supplies,
P. fruits,
Q. glass,
R. groceries,
S. gifts,
T. hardware,
U. poultry products,
V. sporting goods,
W. tobacco and tobacco products, and
X. wallpaper.
6. Cultural, entertainment and recreational uses such as libraries, motion picture theaters, legitimate
theaters, auditoriums, exhibition halls, miniature golf, gymnasiums and athletic clubs, swimming pools,
tennis courts, ice skating, bowling and parks.
7. Raising of field crops and horticulture.
8. Outdoor advertising business.
9. All Permitted Uses as indicated in the Zoning Matrix.
4.13.03 Conditional Uses
The following conditional uses may be allowed as per Article 5 of this Resolution. Approval shall depend upon
the ability of the application to meet specific minimum conditions/requirements. The final consideration may
require additional conditions to be met that are specific to the site in question.
1. Utility substations.
2. Educational services.
3. All other Conditional Uses indicated as Conditional within the Zoning Matrix.
4.13.04 Permitted Accessory Uses
1. Those uses normally appurtenant to the permitted uses when established in conformance with the space
limits of this district.
Grand Island Regular Meeting - 4/6/2022 Page 99 / 236
ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 78
4.13.05 Prohibited Uses
1. Single-family dwellings.
2. Two family dwellings.
3. Multiple-family dwellings.
4. Mobile home dwellings.
5. Ranch and farm dwellings.
4.13.06 Area and Intensity Regulations
In the LC Local Commercial District, the height of buildings, the minimum dimensions of lots and yards,
and the minimum lot area per family permitted on any lot or tract, shall be as follows:
Setbacks
Uses Min. Lot
Area
(sq. ft.)
Min. Lot
Width (feet)
Front
Yard
(feet)
Rear
Yard
(feet)
Side
Yard
(feet)
Max. Lot
Coverage
Max.
Building
Height
(feet)
Permitted
Uses
20,000 80 30 20 10 75% 35
Conditional
Uses
20,000 80 30 20 10 75% 35
4.13.07 Miscellaneous Provisions
1. Supplementary district regulations shall be complied with as defined herein.
Grand Island Regular Meeting - 4/6/2022 Page 100 / 236
ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 79
Section 4.14: LI Light Industrial District
4.14.01 Intent
The intent of this district is to provide a wide range of industrial and commercial uses that shall be able to meet the
rigid specifications as to nuisance free performance. Certain uses that are incompatible or would interfere with
industrial development are excluded. Adult Establishments are permitted uses in this Zoning District, but are
regulated to control the negative secondary effects of these uses, as set forth in Article 3, Section 3.29.
4.14.02 Permitted Principal Uses
The following uses are permitted in the LI Light Industrial District.
1. Automotive vehicle service stations.
2. Administrative, executive, professional, research and similar office use having limited public contact.
3. Buildings and installations for public utilities.
4. Outdoor advertising business.
5. Ranch and farm buildings.
6. Raising of field crops including horticulture.
7. Specific uses such as:
A. animal hospitals (no kennels),
B. antennae (radio or television),
C. bottling plants,
D. blueprinting,
E. brewery or distillery,
F. cannery,
G. carpentry or woodworking shops,
H. castings of light nonferrous metals,
I. dairy products,
J. dry cleaning and laundry plants,
K. galvanizing or plating of metals,
L. feed and seed processing and storage,
M. furniture repair and storage,
N. garage (no body repair),
O. glass manufacture,
P. laboratories,
Q. lapidary,
R. printer,
S. pulp or paper manufacture,
T. sign painting and manufacture,
U. stone or monument works,
V. synthetic or plastic manufacture,
W. tire recapping and retreading,
X. trade or vocational schools,
Y. pottery manufacture, and
Z. warehousing and wholesaling of materials.
8. Retail sales of lumber and other building materials, farm equipment, motor vehicles, marine craft,
aircraft, mobile homes, trailers, farm and garden supplies, fuel and ice.
9. Transportation garage and maintenance facilities.
10. Adult Establishments.
11. All Permitted Uses as indicated in the Zoning Matrix.
4.14.03 Conditional Uses
The following conditional uses may be allowed as per Article 5 of this Resolution. Approval shall depend upon
the ability of the application to meet specific minimum conditions/requirements. The final consideration may
require additional conditions to be met that are specific to the site in question.
1. Gravel, sand or dirt removal, stockpiling, processing or distribution, and batching plants.
2. Concrete or cement products, manufacturing and batching plants.
3. Truck terminals, tractor, trailer or truck storage including maintenance facilities.
4. Contractors' storage yards or plants.
Grand Island Regular Meeting - 4/6/2022 Page 101 / 236
ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 80
5. All other Conditional Uses indicated as Conditional within the Zoning Matrix.
4.14.04 Permitted Accessory Uses
1. Sales of new merchandise when it is manufactured, processed, assembled, fabricated, or stored on the
premises.
2. Caretakers' or watchmen's quarters.
3. Accessory uses normally appurtenant to the permitted uses when established in conformance with the
space limits of this district.
4.14.05 Prohibited Uses
1. Commercial cattle feed lots, sales yards and auctions.
2. Any residential use except for ranch and farm dwellings and caretakers' or watchmen's quarters.
4.14.06 Area and Intensity Regulations
In the LI Light Industrial District, the height of buildings, the minimum dimensions of lots and yards, and
the minimum lot area per family permitted on any lot or tract, shall be as follows:
Setbacks
Uses Min. Lot
Area
(sq. ft.)
Min. Lot
Width (feet)
Front
Yard
(feet)
Rear
Yard
(feet)
Side
Yard
(feet)
Max. Lot
Coverage
Max.
Building
Height
(feet)
Permitted
Uses
20,000 80 50 20 10 50% 50
Conditional
Uses
20,000 80 50 20 10 50% 50
4.14.07 Miscellaneous Provisions
1. Supplementary district regulations shall be complied with as defined herein. All uses within this district
shall meet the minimum performance standards for light industry as defined herein.
Grand Island Regular Meeting - 4/6/2022 Page 102 / 236
ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 81
Section 4.15: GI General Industrial District
4.15.01 Intent
The intent of this district is to provide for the widest range of industrial and commercial activities permitted in the
County. Adult Establishments are permitted uses in this Zoning District, but are regulated to control the negative
secondary effects of these uses, as set forth in Article 3, Section 3.29.
4.15.02 Permitted Principal Uses
The following uses are permitted in the GI General Industrial District.
1. Gravel, sand or dirt removal, stockpiling, processing or distribution, and batching plants.
2. Concrete or cement products, manufacturing and batching plants.
3. Truck terminal, tractor, trailer or truck storage, including maintenance facilities.
4. Contractors' storage yards or plants.
5. Specific uses such as:
A. Animal pound or kennels,
B. arena or athletic field or track,
C. automobile body repair,
D. boiler and tank work,
E. cemetery,
F. cesspool cleaning yard,
G. crating and hauling depot,
H. egg candling,
I. felt manufacturing,
J. house-movers' yards,
K. sauerkraut manufacture.
6. Storage yards or buildings for lumber, coal, coke, gas or similar uses except explosives.
7. Railway yards and facilities.
8. Adult Establishments.
9. All Permitted Uses as indicated in the Zoning Matrix.
4.15.03 Conditional Uses
The following conditional uses may be allowed as per Article 5 of this Resolution. Approval shall depend upon
the ability of the application to meet specific minimum conditions/requirements. The final consideration may
require additional conditions to be met that are specific to the site in question.
1. Automobile wrecking yards.
2. Acid or acid by-products manufacture.
3. Ammonia bleaching powder, chlorine, perozylin or celluloid manufacture.
4. Explosives manufacture or storage.
5. Garbage, refuse, offal or dead animal reduction or disposal areas.
6. Glue manufacture, fat rendering, distillation of bones or by-products.
7. Meat packing plants, including poultry and animal slaughter houses and abattoirs.
8. Milling and smelting of ores.
9. Petroleum refining.
10. Commercial feed lots, sales yards and auctions.
11. Storage, dump or yard for the collection, salvage or bailing of scrap paper, bottles, iron, rags, junk, etc.
12. Tanning, curing or storage of hides or skins.
13. All other Conditional Uses indicated as Conditional within the Zoning Matrix.
4.15.04 Permitted Accessory Uses
1. Caretakers' and watchmen's quarters.
2. Accessory uses normally appurtenant to the permitted uses when established in conformance with the
space limits of this district.
4.15.05 Prohibited Uses
1. Any residential use except for ranch and farm dwellings and caretaker's or watchmen's quarters.
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ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 82
4.15.06 Area and Intensity Regulations
In the GI Light Industrial District, the height of buildings, the minimum dimensions of lots and yards, and
the minimum lot area per family permitted on any lot or tract, shall be as follows:
Setbacks
Uses Min. Lot
Area
(sq. ft.)
Min. Lot
Width (feet)
Front
Yard
(feet)
Rear
Yard
(feet)
Side
Yard
(feet)
Max. Lot
Coverage
Max.
Building
Height
(feet)
Permitted
Uses
20,000 80 50 20 10 75% 50
Conditional
Uses
20,000 80 50 20 10 75% 50
4.15.07 Miscellaneous Provisions
1. Supplementary district regulations shall be complied with as defined herein. All uses within this district
shall meet the minimum performance standards for general industry as defined herein.
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ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 83
Section 4.16: Planned Unit Development
4.16.01 Purpose and 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.
4.16.02 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.
4.16.03 Coordination with Any Subdivision Regulations Which May Be Enacted
It is the intent of this Resolution 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 Resolution.
The plans required under Section 4.16 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 Resolution and any other subdivision regulations that may be in effect may both contain regulations that
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 resolutions may be in conflict, the regulations of the subdivision
regulations shall govern.
4.16.04 Planned Unit Developments Permitted in Certain Districts
A Planned Unit Development may be located in any residential, commercial, transition agricultural or agricultural
zoning district.
4.16.05 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;
9. On-site signs;
10. Field crops, horticulture, grass or grazing lands or natural habitat.
4.16.06 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.
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:
1. A map showing street systems, lot lines and lot design.
2. 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.
3. A generalized plan showing the proposed system for the collection and disposal of sewage.
4. A generalized plan showing the proposed water supply and distribution system.
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ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 84
5. 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.
6. A plot plan for each building site and common open area, showing the approximate location of all
buildings, structures and improvements, and indicating the open spaces around buildings and structures.
7. 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.
8. A development schedule indicating:
A. the approximate date when construction of the project can be expected to begin;
B. the stages in which the project will be built and the approximate date when construction of each
stage can be expected to begin;
C. the anticipated rate of development;
D. the approximate dates the development of each of the stages in the development will be
completed; and
E. The area and location of common open space that will be provided at each stage.
9. Agreements, provisions or covenants which govern the use, maintenance and continued protection of the
Planned Unit Development and any of its common open areas.
10. 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:
A. An off-street parking and loading space plan.
B. A circulation diagram indicating the proposed movement of vehicles, goods and pedestrians
within the Planned Development, and to and from existing thoroughfares, any special engineering
features and traffic regulation devices needed to facilitate or insure the safety of this circulation
pattern must be shown.
C. A landscaping and tree planting plan.
D. An economic feasibility report or market analysis.
4.16.07 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 County Board of Supervisors Commissioners 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 County Board of Supervisors Commissioners shall hold a public hearing on the preliminary plan within 45 days
after receipt of the Planning Commission's report. At least 10 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 County Board of
Supervisors Commissioners shall approve, disapprove or approve with modifications, the preliminary development
plan.
If the County Board of Supervisors Commissioners approves the preliminary development plan, 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 County Board
of Supervisors Commissioners 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.
4.16.08 Approval of Final Development Plan
Within one (1) 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 if it
is in substantial compliance with the preliminary development plan. The approved final plan shall be forwarded to
the County Board of Supervisors Commissioners for approval and subsequent filing with the County Register of
Deeds similarly to any final subdivision.
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ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 85
4.16.09 Failure to Begin Planned Unit Development
If no construction has begun or no use has been established in the Planned Development within one (1) 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 (1) 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 County Clerk shall file a notice of
revocation with the recorded final development plan. Upon which the County Board of Supervisors
Commissioners shall initiate a rezoning procedure for reversion of the property to the zoning district applicable
before the Planned Unit Development was approved.
4.16.10 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:
1. Minor changes in the location, siting and height of buildings and structures may be authorized by the
Planning Commission 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%.
2. All other changes in use, major rearrangement of lots, blocks and building tracts, any changes in the
provision of common open spaces and all other changes in the approved final plan must be made by the
County Board of Supervisors Commissioners under the procedures authorized by this Resolution for the
amendment of the Official Zoning Map.
4.16.11 Enforcement of the Development Schedule
The construction and provision of all of the common open spaces and public recreational facilities that are shown on
the final development plan must proceed at the same rate as the construction of dwelling units. At least once every
six (6) 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 that has taken place on the site.
If the Building Inspector should find the rate of dwelling unit construction is greater than the rate at which common
open spaces and public and recreational facilities have been constructed; and provided, the Building Inspector shall
forward this information to the County Board of Supervisors Commissioners, 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 County Clerk in
a manner satisfactory to the Planning Commission. This may be a bond, corporate surety or other acceptable
financial guarantee, including escrow agreements.
4.16.12 Control of Planned Unit Development following Completion
The Planning Commission shall issue a certificate certifying the completion of the Planned Unit Development,
and the County 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 Resolution.
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:
1. The Planning Commission may authorize any minor extensions, alterations or modifications of existing
buildings or structures if they are consistent with the purposes and intent of the final plan. No change
authorized by this section may increase the cube of any building or structures by more than 10%.
2. 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 Resolution, 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 Resolution for the procedures provided by the Zoning Resolution for
the approval of a conditional use.
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ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 86
3. 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
5 below.
4. Changes in the use of common open space may be authorized by an amendment to the final development
plan under item 5 below.
5. The County Board of Supervisors Commissioners must make all other changes in the final development
plan, under the procedures authorized by this Resolution 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.
4.16.13 Subdivision and Resale of Planned Unit Development
A Planned Unit Development may be subdivided or resubdivided for purpose of sale or lease. The procedure
specified in the subdivision regulations for Hall County 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 Resolution 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.
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ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 87
Section 4.17: AGV Valentine Soil Overlay District
Section 4.17.01 Intent
The intent of this overlay district is to protect environmentally sensitive soils, especially those designated as the
Valentine Soil Association. The primary location for this soil overlay in Hall County is in the North-Central
region of the county.
Section 4.17.02 Purpose and Intent
The purpose of this overlay district shall be to recognize those areas of the County that require special
consideration and attention to soils and water quality when locating development while protecting air quality
and other environmental conditions for the health, safety and general welfare of Hall County and its citizens.
Section 4.17.03 Findings of Fact and General Provisions
1. Valentine Soils are subject to extensive erosion and high permeability rates that directly effect
surface and subsurface conditions.
2. Soils and Natural Resources: Soils, soil vulnerability for pesticide contamination, soil suitability for
lagoons and septic tanks, topography and other resource maps and data generated through the Soil
Survey of Hall County and Natural Resource Commission are reviewed to determine compatibility.
Natural Resources Districts are consulted with to determine any problems or concerns and
consistency to groundwater management plans.
3. These Regulations shall apply to all lands within the jurisdiction of Hall County that have a
Valentine Association Soil Classification.
4. All new or expanded uses in this overlay district shall meet the regulations of the underlying
district, and other requirements outlined in the Hall County Zoning Regulations, and the following:
A. All new or expanded livestock feeding operations shall be permitted only by a conditional
use permit and shall require a synthetic-lined lagoon, concrete lined pit or an above
ground sealed storage facility as its waste handling system.
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ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 88
Section 4.18: AG-R River Corridor Agricultural District
4.18.01 Intent
The intent of this district is to protect the environmentally sensitive lands along the Platte River corridor within
Hall County. The corridor is designed to preserve the scenic quality of the Platte River by restricting agricultural
and other uses which can be occurring in the corridor, and to allow the development of non-agricultural land uses
which are compatible with maintaining the water quality and scenic quality of the river corridor and which are
compatible with the agricultural uses permitted in the corridor areas.
4.18.01 Permitted Principal Uses
The following uses and structures shall be permitted:
1. Agriculture, farming, dairy farming, livestock and poultry raising, and all uses commonly classed as
agricultural, with no restrictions as to operation of such vehicles or machinery as are customarily
incidental to such uses, and with no restrictions as to the sale or marketing of products raised on the
premises; provided that the operation is no more than 1,000 animal units and that any building, structure
or yard for the raising, confinement, housing or sale of livestock or poultry shall be located at least
1,320 feet from a neighbor’s dwelling, and further provided, that there shall be no feeding, spreading,
accumulation or disposal of garbage, rubbish or offal on any open surface of the land.
2. Non-commercial grain and produce storage and plant seed sales and storage facilities, but excluding
commercial grain storage or grain elevators.
3. Irrigation facilities, including wells, center pivots, re-use pits, well houses and related structures, flood
control and erosion control facilities.
4. Public schools, parochial schools, private non-religious, road maintenance equipment sheds, fire
stations, public utility substations and utility distribution systems.
5. Churches and related uses.
6. Fish hatcheries, game farms and commercial hunting and fishing where such hunting and fishing does
not involve development of lodges or other buildings devoted solely to the support of such hunting and
fishing activities. Temporary housing of hunters and fishermen and temporary hunting or fishing
shelters shall be permitted.
7. Forestry, tree farms and plant nurseries.
8. Signs, both on-site and outdoor advertising signs, provided the number of on-site signs shall not exceed
three (3) per premises and that outdoor advertising signs shall be located no closer than 660 feet to any
other on-site or outdoor advertising sign. (All signs along federal and state highways are subject to the
permit requirements of the Nebraska Department of Roads).
9. Radio, Television, microwave and other types of erected towers.
10. Child care and daycare uses.
11. Single-family dwellings provided the intensity of use and all other requirements of this district are met.
In no case are single-family dwellings permitted on tracts without legal access to an improved road.
12. Uses as indicated in the Zoning Matrix
4.18.02 Permitted Conditional Uses
The following conditional uses may be allowed as per Article 5 of this Resolution. Approval shall depend upon
the ability of the application to meet specific minimum conditions/requirements. The final consideration may
require additional conditions to be met that are specific to the site in question.
1. General welding and agricultural equipment repair business and other commercial business and
industrial uses, determined by the Board of Supervisors Commissioners to be reasonably compatible
with the surrounding land uses with regard to traffic generation, noise, odors, dust, vibrations and
potential air, soil or water pollution or explosion or other hazard not including adult establishments.
2. Cemeteries
3. Public and private recreational uses and commercial recreational enterprises, including parks,
playgrounds, campgrounds, riding stables, game lodges, canoe outfitters, rental cabins, camp stores,
public or commercial river access sites and other similar uses including bed and breakfast operations
and motels.
4. Mineral extraction and sand and gravel extraction facilities and operations.
5. The reconstruction of a non-conforming structure and/or use provided the following conditions are
present:
a. More than 75% of said structure and/or use has been destroyed,
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ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 89
b. Said structure and/or use were destroyed through means beyond the owner’s control (i.e.
natural disasters, fire, etc.)
c. The reconstruction of said structure will not create a public health or safety concern (i.e. blind
intersection),
d. The reconstruction of farming operation or LFO complies with the conditions in Section 4.02
of this Resolution.
4.18.04 Permitted Accessory Uses
The following accessory buildings and uses are permitted in the AG-R District.
1. Buildings and uses customarily incidental to the permitted and conditional uses.
2. Temporary buildings and uses incidental to construction work and shall be removed upon the
completion or abandonment of the construction work.
3. Home Occupations.
4.18.05 Lot Requirements and Intensity of Use
1. The following table lists the minimum lot requirements and maximum building requirements in an AG-
R District. These requirements shall be followed unless otherwise modified by this Resolution
Setbacks
Uses Min.
Lot
Area
(acres)
Min. Lot
Width
(feet)
Front
Yard
(feet)
Rear
Yard
(feet)
Side
Yard
(feet)
Max. Lot
Coverage
Min Lot
Area per
dwelling unit
(sq. ft.)
Max.
Building
Height
(feet)
Permitted Uses 20 100 35 35 20 10% 20,000 351
Conditional
Uses
20 100 35 35 20 10% 20,000 351
Agricultural
uses
1 100 35 35 20 10% 20,000 351
1 for structures intended for human occupancy, all others no restrictions.
2. The following requirements are allowed in specific situations within the jurisdiction of Hall County.
These requirements are:
A. ANY PERSON OR PERSONS WHO:
(1) owns a tract of 80 acres or more may sell one tract per 80 acres for a single family
dwelling, providing such sale has not been previously exercised on the large tract;
and/or
(2) owns an existing ranch or farm dwelling that is 10 years old or more may sell a tract
containing such dwelling;
(3) providing the following space limitations are complied with:
Setbacks
Min. Lot
Area
(acres)
Min. Lot
Width (feet)
Front
Yard
(feet)
Rear
Yard
(feet)
Side
Yard
(feet)
Max. Lot
Coverage
Max.
Building
Height
(feet)
32 80 30 25 15 40% 351
1 for structures intended for human occupancy, all others no restrictions.
2 one (1) acre for the applicant can provide a study performed and signed by a Professional Engineer as to
the ability of the site to have a well, approved septic system and an area reserved for a secondary
approved septic system
4.18.06 Prohibited Uses
1. Any use not specifically listed as a permitted principal use or permitted accessory use.
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ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 90
4.18.07 Supplementary Regulations
1. Residential dwelling units on non-agricultural land existing at the time of passage of these
regulations, may construct accessory structures, make repairs, replace, remodel, rebuild, or replace
the residential structure in case of damage regardless of the percent of damage or extent of
structural change provided the use does not change.
2. All new and existing livestock feeding operations and farms with livestock of 1,000 animal units or
less shall require a no-fee livestock registration permit. In addition, all new or expanded Livestock
Feeding Operations of over 1,000 animal units shall require a Conditional Use Permit as subject to
in Article 5.
A. New non-farm residences shall be located no less than at the following distances and those
shown in Table 2: Non-Farm Residence Spacing and Distance, from an existing
agricultural operation having between 50 and 300 animal units and an LFO based upon the
type of operation.
TABLE 2: NON-FARM RESIDENCE SPACING AND DISTANCE (Distances given in feet)
SIZE OF EXISTING AGRICULTURAL OPERATION AND LFO IN A.U.
100-300 301-1,000 1,001-5,000 5,001-20,000 20,000+
New Residence* near
open lots
1,980 1,980
1,980 3,960 5,940
New Residence* near
ECH
1,980 1,980 7,920 7,920 11,880
*This shall not prohibit building a residence within the specified distance as part of the farming/feeding
operation.
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ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 91
ARTICLE 5: CONDITIONAL USES, PROCEDURES, AND STANDARDS
Section 5.01 Conditional Uses
The County Board of Supervisors Commissioners shall hear and make decisions on applications for conditional uses
as herein provided. The Board may grant, grant with conditions or safeguards or deny any application for a
conditional use according to the following procedure:
1. A written application for a conditional use shall be submitted to the County Board by the property owner
upon whose land the conditional use is proposed. The application shall contain a legal description of the
property, the section of this Resolution under which the conditional use is sought and the grounds for
requesting a conditional use. A development plan, schedule of development and other supportive material
may be required by the Board.
2. A public hearing shall be set for which notice shall be given 10 days in advance of such hearing. The
applicant shall be notified by mail, and public notice shall be placed in a newspaper of general circulation
within the county at least one time 10 days prior to such hearing.
3. The public hearing shall be held at which all persons in interest may be heard.
4. After close of the hearing, the Board shall consider all evidence presented and the following items before
taking final action on the application:
A. ingress and egress to property and proposed structures with particular reference to automotive and
pedestrian safety and convenience, traffic flow and control, and access in case of fire or other
emergency;
B. off-street parking and loading areas with attention to the above item;
C. the effects of noise, glare, odor, etc. of the proposed conditional use upon adjoining properties and
properties generally in the district;
D. refuse and service areas;
E. utilities required with reference to locations and availability;
F. screening and buffering proposed with reference to type, dimensions and character;
G. signs, lighting and fencing, if any, with reference to glare, traffic safety, security and other effects
upon adjacent properties;
H. required yards, open spaces, easements or right-of-ways;
I. General compatibility with adjacent properties and other properties in the area.
5. Temporary uses which may or may not be in conformance with the district in which it is proposed to be
located, and not involving the construction of a new permanent building, may be considered by the Board in
accordance with procedures in this section. Approval of such temporary use shall be limited to a maximum
of two years.
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ARTICLE 6: SUPPLEMENTAL REGULATIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 92
ARTICLE 6: SUPPLEMENTAL REGULATIONS
The district regulations hereinafter set forth in this section qualify or supplemental, as the case may be, the
district regulations appearing elsewhere in these Regulations.
Section 6.01 Radio, Television and Wireless Communication Towers
6.01.01 Intent
Based upon the Communications Act of 1934, as amended by the Telecommunications Act of 1996 (the
Act) grants the Federal Communications Commission (FCC) exclusive jurisdiction over certain aspects
of telecommunication services. This section is intended to regulate towers, telecommunications
facilities and antennas in the County in conformance with the Act without prohibiting or tending to
prohibit any person from providing wireless telecommunication service. Telecommunication facilities,
towers and antennas in the County, to protect residential areas and land uses from potential adverse
impact of installation of towers and antennas through careful design, siting, and camouflaging, to
promote and encourage shared use / collocation of towers and other antenna support structures rather
than the construction of additional single use towers, to avoid potential damage to property caused by
towers, telecommunications facilities and antennas by ensuring such structures are soundly and
carefully designed, constructed, modified, maintained, repaired and removed when no longer used or
are determined to be structurally unsound and to ensure that towers and antennas are compatible with
surrounding land uses.
6.01.02 Definitions
All terms in this Section which are not specifically defined herein shall be construed in accordance with
the Communications Act of 1934, the Telecommunications Act of 1996 and the Rules and Regulations
of the Federal Communications Commission (FCC). As used in this Section, the following terms shall
have the following meanings:
ANTENNA shall mean a device, designed and intended for transmitting or receiving television, radio,
or microwave signals, direct satellite service (including direct-to-home satellite service), and/or video
programming services via multi-point distribution services.
ANTENNA SUPPORT STRUCTURE shall mean any building or structure other than a tower which
can be used for location of telecommunications facilities.
APPLICANT shall mean any person that applies for a Tower Development Permit.
APPLICATION shall mean a process by which the owner of a tract of land within the zoning
jurisdiction of the County submits a request to develop, construct, modify, or operate a tower upon such
tract of land. The term application includes all written documentation, verbal statements, and
representations, in whatever, formal forum, made by an applicant to the County concerning such
request.
CONFORMING COMMERCIAL EARTH STATION shall mean a satellite dish which is two (2)
meters or less in diameter and is located in an area where commercial or industrial uses are generally
permitted under this regulation.
ENGINEER shall mean any engineer qualified and licensed by any state or territory of the United
States of America.
OWNER shall mean any person with a fee simple title or a leasehold exceeding 10 years in duration to
any tract of land within the zoning jurisdiction of the County who desires to develop, construct, modify,
or operate a tower upon such tract of land.
PERSON shall mean any person, firm, partnership, association, corporation, company, or other legal
entity, private or public, whether for profit or not for profit.
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ARTICLE 6: SUPPLEMENTAL REGULATIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 93
SATELLITE DISH ANTENNA shall mean an antenna consisting of a radiation element intended for
transmitting or receiving television, radio, microwave, or radiation signals and supported by a structure
with or without a reflective component to the radiating dish, usually circular in shape.
STEALTH shall mean any telecommunications facility, tower, or antenna which is designed to
enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened
roof-mounted antennas, antennas integrated into architectural elements, and towers designed to look
other than a tower, such as light poles, power poles and trees.
TELECOMMUNICATIONS FACILITIES shall mean any cables, wires, lines, waive guides,
antennas, or any other equipment or facilities associated with the transmission or reception of
communications which a person seeks to locate or has installed upon or near a tower or antenna support
structure. However, telecommunications facilities shall not include:
1. Any Conforming Commercial Earth Station antenna two (2) meters or less in diameter which
is located on real estate zoned A-1, A-2, A-3, R-1, or I-1.
2. Any earth station antenna or satellite dish antenna of one (1) meter or less in diameter,
regardless of zoning applicable to the location of the antenna.
TOWER shall mean a self-supporting lattice, guyed, or monopole structure that supports
Telecommunications Facilities. The term Tower shall not include non-commercial amateur radio
operators equipment as licensed by the FCC or structure supporting an earth station antenna serving
residential premises or dwelling units exclusively.
TOWER DEVELOPMENT PERMIT shall mean a permit issued by the County upon approval by the
County Board of an application to develop a tower within the zoning jurisdiction of the County; which
permit shall continue in full force and effect for so long as the tower to which it applies conforms to this
Section. Upon issuance, a Tower Development Permit shall be deemed to run with the land during the
permits duration and may be transferred, conveyed, and assigned by the applicant to assigns and
successors-in-interest.
TOWER OWNER shall mean any person with an ownership interest of any nature in a proposed or
existing tower following the issuance of a Tower Development Permit.
6.01.03 Location of Towers and Construction Standards
1. Towers shall be permitted conditional uses of land in only those zoning districts where
specifically listed and authorized in this regulation.
2. No person shall develop, construct, modify or operate a tower upon any tract of land within the
zoning jurisdiction of the County prior to approval of its application for a Tower Development
Permit by the County Board and issuance of the permit by the County. Applicants shall submit
their application for a Tower Development Permit to the Zoning Administrator and shall pay a
filing fee in accordance with Section 1.15
3. All towers, telecommunications facilities and antennas on which construction has commenced
within the zoning jurisdiction of the County after the effective date of this regulation shall
conform to the Building Codes and all other construction standards set forth by the County,
federal, and state law and applicable American National Standards Institute (ANSI). Upon
completion of construction of a tower and prior to the commencement of use, an engineers
certification that the tower is structurally sound and in conformance with all of the
aforementioned applicable regulatory standards shall be filed with the Zoning Administrator.
6.01.04 Application to develop a Tower
Prior to commencement of development or construction of a tower, an application shall be submitted to
the Zoning Administrator for a Tower Development Permit and shall include the following:
1. Name, address, and telephone number of the owner and if applicable, the lessee of the tract of
land upon which the tower is to be located. Applicants shall include the owner of the tract of
land and all persons having an ownership interest in the proposed tower. The application shall
be executed by all applicants.
2. The legal description and address of the tract of land on which the tower is to be located.
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3. The names, addresses and telephone numbers of all owners of other towers or useable antenna
support structures within a one (1) mile radius of the proposed tower, including publicly and
privately owned towers and structures.
4. An affidavit attesting to the fact that the applicant has made diligent but unsuccessful efforts to
obtain permission to install or collocate the applicants telecommunications facilities on a tower
or useable antenna support or written technical evidence from an engineer that the applicants
telecommunications facilities cannot be installed or collocated on another tower or useable
antenna support structure.
5. Written technical evidence from an engineer that the proposed tower will meet the established
Building Code, and all other applicable construction standards set forth by the County Board
and federal and state and ANSI standards.
6. Color photo simulations showing the proposed location of the tower with a photo-realistic
representation of the proposed tower as it would appear viewed from the nearest residentially
used and / or zoned property and nearest roadway, street or highway.
7. Descriptions and diagrams of the proposed tower, telecommunications facilities and/or
antenna, manufacturers literature, appurtenances such as buildings, driveways, parking areas,
and fences or other security enclosures with significant detail to allow persons reviewing the
application to understand the kind and nature of the proposed facility.
6.01.05 Tower Development Permit: Procedure
After receipt of an application for a Tower Development Permit, the Zoning Administrator shall
schedule a public hearing before the Planning Commission, following all statutory requirements for
publication and notice, to consider such application. The Planning Commission shall receive testimony
on the Tower Development Permit and shall make a recommendation to the County Board. Upon the
completion of the Planning Commission Public Hearing the Zoning Administrator shall schedule a
public hearing before the County Board, following all statutory requirements for publication and notice,
to consider such application and the recommendation of the County Planning Commission. Notice, for
each Public Hearing, shall be made at least one (1) time and at least 10 days prior to such hearing. In
addition, the Zoning Administrator shall cause a notice to be posted in a conspicuous place on the
property on which action is pending. Such notice shall conform to the notice requirements in Section
5.01 of this regulation. The Planning Commission and County Board may approve the Tower
Development Permit as requested in the pending application with any conditions or safeguards it deems
reasonable and appropriate based upon the application and / or input received at the public hearings or
deny the application. In all zoning districts in which towers are a permitted conditional use of land, the
Tower Development Permit shall be deemed a conditional use permit for said tract of land.
6.01.06 Setbacks and Separation or Buffer Requirements
1. All towers up to 50 feet in height shall be setback on all sides a distance equal to the
underlying setback requirement in the applicable zoning district. Towers in excess of 50 feet in
height shall be set back one (1) additional foot for each foot of tower height in excess of 50
feet. The height of the tower shall be measured from the grade at the foot of the base pad to the
top of any telecommunications facilities or antennas attached thereto. Setback requirements
shall be measured from the base of the tower to the property line of the tract of land on which
it is located.
2. Towers exceeding 100 feet in height may not be located in any residentially zoned district and
must be separated from all residentially zoned districts and occupied structures other than
those utilized by the tower owner, by a minimum of 200 feet or 100% of the height of the
proposed tower, whichever is greater.
3. Towers of 100 feet or less in height may be located in residentially zoned districts provided
said tower is separated from any residential structure, school, church, and/or occupied
structures other than those utilized by the tower owner, by a minimum of 100% of the height of
the tower.
4. Towers must meet the following minimum separation requirements from other towers:
a. Monopole tower structures shall be separated from all other towers, whether
monopole, self-supporting lattice, or guyed by a minimum of 750 feet.
b. Self-supporting lattice or guyed towers shall be separated from all other self-
supporting lattice or guyed towers by a minimum of 1,500 feet.
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6.01.07 Structural Standards for Towers Adopted
The Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, 1991 Edition
(ANSI/EIA/TIA 222-E-1991) is hereby adopted, together with any amendments thereto as may be made
from time to time, except such portions as are hereinafter deleted, modified, or amended by regulation
and set forth in this Article of the Zoning Regulation.
6.01.08 Illumination and Security Fences
1. Towers shall not be artificially lighted except as required by the Federal Aviation
Administration (FAA). In cases where there are residential uses/zoned properties within a
distance equal to the height of the tower, any tower subject to this Section shall be equipped
with dual mode lighting. In no case shall said tower be allowed to operate a strobe lighting
system after sunset and before dawn.
2. All self-supporting lattice or guyed towers shall be enclosed within a security fence or other
structure designed to preclude unauthorized access. Monopole towers shall be designed and
constructed in a manner which will preclude to the extent practical, unauthorized climbing of
said structure.
6.01.09 Exterior Finish
Towers not requiring FAA painting or marking shall have an exterior finish which enhances
compatibility with adjacent land uses, subject to review and approval by the Planning Commission and
County Board as part of the application approval process. All towers that must be approved as a
conditional use shall be stealth design unless stealth features are impractical or the cost of such features
represents an undue burden on the applicant.
6.01.10. Landscaping
All tracts of land on which towers, antenna support structures, telecommunications facilities and/or
antennas are located shall be subject to the landscaping requirements of the County.
6.01.11. Maintenance, Repair or Modification of Existing Towers
All towers constructed or under construction on the date of approval of this regulation may continue in
existence as a non-conforming structure and may be maintained or repaired without complying with any
of the requirements of this Section. Nonconforming structures or uses may not be enlarged or the degree
of nonconformance increased without complying with this Section, including applying for and
obtaining a Tower Development Permit. Any modification or reconstruction of a tower constructed or
under construction on the date of approval of this regulation shall be required to comply with the
requirements of this Section including applying for and obtaining a Tower Development Permit. Said
application shall describe and specify all items which do not comply with this Section and may request
subject to final review and approval of the County Board, an exemption from compliance as a condition
of the Tower Development Permit.
6.01.12. Inspections
The County reserves the right to conduct inspection of towers, antenna support structures,
telecommunications facilities and antenna upon reasonable notice to the tower owner or operator to
determine compliance with this Section and to prevent structural and equipment failures and accidents
which may cause damage, injuries or nuisances to the public. Inspections may be made to determine
compliance with the County’s Zoning Codes and any other construction standards set forth by the
County, federal, and state law or applicable ANSI standards. Either an employee of the County’s
Zoning Office or a duly appointed independent representative of the County shall make inspections.
6.01.13. Maintenance
The towers, antenna support structures, telecommunications facilities and antennas shall at all times be
kept and maintained in good condition, order and repair so that the same does not constitute a nuisance
to or a danger to the life or property of any person or the public.
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6.01.14. Abandonment
If any tower shall cease to be used for a period of one (1) year, the Zoning Administrator shall notify
the tower owner that the site will be subject to determination by the Zoning Administrator that the site
has been abandoned. Upon issuance of written notice to show cause by the Zoning Administrator, the
tower owner shall have 30 days to show preponderance of evidence that the tower has been in use or
under repair during the period of apparent abandonment. In the event the tower owner fails to show that
the tower has been in use or under repair during the relevant period, the Zoning Administrator shall
issue a final determination of abandonment of the site and the tower owner shall have 75 days thereafter
to dismantle and move the tower. In the event the tower is not dismantled and removed, the tower shall
be declared a public nuisance by the Zoning Administrator, or his/her designee and a written request
shall be directed to the County Attorney to proceed to abate said public nuisance pursuant to authority
of the Revised Nebraska State Statutes and Hall County codes, and charge the costs thereof against the
real estate on which the tower is located or the owner of record of the said real estate.
6.01.15. Satellite Dish Antennas, Regulation
Upon adoption of this regulation, installation of satellite dish antennas shall be permitted within the
zoning jurisdiction of Hall County only upon compliance with the following criteria:
1. In residentially zoned districts, satellite dish antennas may not exceed a diameter of 10 feet.
2. Single family residences may not have more than one (1) satellite dish antenna over three (3)
feet in diameter.
3. Multiple family residences with 10 or less dwelling units may have no more than one (1)
satellite dish antenna over three (3) feet in diameter. Multiple family residences with more than
10 dwelling units may have no more than two (2) satellite dish antennas over three (3) feet 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 Hall County, 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.
Section 6.02 Sand and Gravel, Mineral, Stone, Rock, and Soil Extraction and Quarries
1. The application shall include a grading map showing contours, proposed excavation contours, and
proposed final grade contours.
2. The applicant shall identify the effect of the extraction on the groundwater table of the adjoining
properties.
3. The application shall identify proposed vehicle and equipment storage areas.
4. Erosion controls, including retention and sediment basins shall be provided during extraction to prevent
a change in the character of runoff onto adjacent land.
5. The surface shall be maintained in such a manner that surface waters do not collect or pond, unless
specifically approved. Underground drainage may be supplied if it connects to an existing drainage
facility.
6. Topsoil shall be collected and stored for redistribution on the site at the termination of the operation;
7. Excavation shall be conducted in such a way as not to constitute a hazard to any persons, nor to the
adjoining property. All cuts shall be returned to a slope of less than three to one (3-1) as soon as
possible. Safety screening shall be required at the outer boundary of the site; visual screening will also
be required where said boundary is adjacent to residential or recreational land.
8. Within one year after completion of the excavation on any portion of the site, the topography and soils
shall be stabilized, and the land shall be graded, seeded, and sodded so as to prevent erosion and
siltation, and to protect the health, safety, and general welfare of the public.
6.03 Wind Energy Conversion Systems
6.03.01 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
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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.
(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.
6.03.2 Micro Wind Energy Conversion Systems
Purpose
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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
(1) MWCES shall not exceed 60 dBA, as measured at the closest 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.
6.03.03 Small Wind Energy Conversion Systems
Purpose
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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 closest 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) 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.
6.03.04 Commercial/Utility Grade Wind Energy Conversion Systems
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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 Hall County and its Extraterritorial Zoning Jurisdiction.
Requirements
Commercial/Utility Grade wind energy systems shall be a Conditional Use within the A-1 Agricultural –
Primary District, the A-2 Secondary Agricultural District, the A-3 Agricultural – Transition District, the AG-SI
Special Agriculture/Industrial Zone, the AG-SE Special Agriculture District/Events Zone, the GI General
Industrial District and the AG-SC Special Agriculture District/Conservation Zone. 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.
(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 owner’s 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 One-half the rotor diameter. One times the tower height.
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cemeteries adjacent to the
applicant's sites
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:
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.
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ARTICLE 6: SUPPLEMENTAL REGULATIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 102
(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.
Section 6.04 Waste Disposal Sites and Landfills
A Conditional Use Permit may be granted for any waste material disposal, garbage disposal or land fill
operations in the designated zoning district; provided the following special conditions shall be considered:
1. The effects on the adjacent property, traffic, and
2. The public necessity and advantage.
3. The maintenance of access routes related to all weather conditions and droppings of rubbish and liter
4. The effects on underground water quality.
5. The immediate and long term effects on the environment and the public.
6. The concerns for public safety.
7. The application shall include documents to indicate conformance to all applicable governmental
regulations and standards.
8. The application shall include affidavits or permits from the Environmental Protection Agency and/or
the Nebraska Department of Environmental Quality, in the event an approval is required by these
agencies.
Section 6.05 Sanitary Requirements
1. It shall be unlawful to occupy a residential structure or any building for living purposes that does
not have an approved waste system. For purposes of this Article, an approved system shall meet or
be equivalent to criteria as defined by "Rules and Regulations for the Design, Operation and
Maintenance of Septic Tank Systems in Nebraska," as published by the Nebraska Department of
Environmental Quality (NDEQ).
2. Soil percolation tests shall be conducted in the area where the system will be located for those soils
having severe limitations for such systems as identified by the Hall County Soil Survey and Hall
County Comprehensive Plan.
3. A waste disposal system evaluation shall be required for septic systems serving all new residences.
Evaluations shall be on forms furnished by the office of the Zoning Administrator.
Section 6.06 Home Occupations.
Home occupations shall comply with the following Supplemental Regulations:
1. In all residential districts:
The following operation characteristics and requirements must also be satisfied in order
to qualify as a home occupation use:
a) There shall be no change to the external appearance and residential character of the
land or buildings involved (all aspect of the use, including storage, must be confined
within the principal residence or accessory buildings);
b) No equipment or processing shall be allowed that creates visual or audible interference
in any radio or television receivers off the premises (including line voltage fluctuations);
or, creates obtrusive noise, vibration, heat, glare, fumes, dust, odors, emissions or
electrical interference detectable to the normal senses off the premises;
c) Does not involve more than 35% of the total floor area of the residence and 50% of the
combined floor area of any attached or detached accessory buildings; The Home
Occupation Use may occupy up to 80% of the combined floor area of any attached or
detached accessory buildings not to exceed 8000 square feet on a conditional use
permit approval basis.
d) Does not require an identification sign other than one non-illuminated, flat mount or
freestanding sign, not exceeding thirty-two (32) square feet in area.
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ARTICLE 6: SUPPLEMENTAL REGULATIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 103
e) Non-resident employees shall only be permitted on a conditional use permit approval
basis.
f) The home occupation activity shall not involve dangerous, toxic or hazardous chemicals
or products on site, which require specialized handling, licensing and/or disposal in
accordance with State or Federal regulations.
A. No commodities shall be displayed or sold on the premises except that which are produced on
the premises.
B. No mechanical or electrical equipment shall be used other than that which is normally used for
purely domestic or household purposes.
C. No outdoor storage of materials or equipment used in the home occupation shall be permitted.
D. No alteration of the principal residential building shall be made which changes the character
thereof as a residence
E. The home occupation shall be carried on entirely within the principal residential structure and
under no circumstances shall the home occupation be carried on within a detached accessory
building.
F. No sign shall be permitted unless required by State Statute, and if so required, shall not exceed
two (2) square feet in area; shall not be illuminated and shall be placed flat against the main
wall of the building.
G. No person shall be engaged in such home occupation other than a person occupying such
dwelling unit as his/her residence.
2. Particular Home Occupations Permitted: Customary home occupations include; but are not limited to,
the following list of occupations; provided, however, that each listed occupation is subject to the
requirements of this Section.
A. Dressmakers, seamstresses, tailors.
B. Music teachers, provided that instruction shall be limited to five (5) pupils at one time.
C. Dance and drama instructors, provided that instruction shall be limited to not more than 10
pupils at one time.
D. Artists, sculptors and authors or composers.
E. Offices for architects, engineers, lawyers, realtors, insurance agents, brokers and members of
similar professions.
F. Ministers, rabbis, and priests.
G. Offices for salespersons, sales representatives, manufacturer’s representatives, when no retail
or wholesale transactions are made on the premises.
H. Home crafts, such as model building, rug weaving, lapidary work, cabinet making, etc.,
provided that no machinery or equipment shall be used other than that which would
customarily be used in connection with the above home crafts when pursued as a hobby or
vocation.
I. Daycare centers, child care homes or babysitters. Said occupation shall be in accordance with
Nebr. R. R. S. 1943, Sec. 71-1902.
J. Barber shops and beauty parlors.
Section 6.07 Off-Street Automobile Storage.
1. 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 250 square feet per parking space shall be used.
2. If vehicle storage space or standing space required above cannot be reasonably provided on the same lot
on which the principal use is conducted in the opinion of the Board of Adjustment, the Board of
Adjustment may permit such space to be provided on other off-street property, provided such space lies
within 300 feet of an entrance to such principal use.
3. Where calculations in accordance with the foregoing list results in requiring a fractional space, any
fraction less than one-half (1/2) shall be disregarded and any fraction of one-half (1/2) or more shall
require one space.
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ARTICLE 6: SUPPLEMENTAL REGULATIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 104
4. Where off-street parking is located on a lot other than the lot occupied by the use that requires it, site
plan approval for both lots is required.
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ARTICLE 6: SUPPLEMENTAL REGULATIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 105
Section 6.08 Schedule of Minimum Off-Street Parking and Loading Requirements
Uses Parking Requirements Loading Requirements
Adult Establishments 1 space per 2 persons of licensed capacity None required
Bowling Alleys 5 spaces per alley plus 1 space per employee 1 space per establishment
Churches, Synagogues, and Temples 1 space per 2 seats in main worship area Where
individual seats are not provided, each 20 inches of
bench or similar facility shall constitute 1 seating space
None required
Clubs, including fraternal organizations 1 space per 200 s.f. of floor space 1 space per establishment
College/University 1 spaces per every 2 students of occupancy plus 1 per
employee.
2 spaces per structure
Commercial Uses
Agricultural Sales / Service 1 space per 500 s.f. of gross floor area 1 per establishment
Automotive Rental / Sales 1 space per 500 s.f. of gross floor area 1 per establishment
Automotive Servicing 3 spaces per repair stall None required
Bars, Taverns, Nightclubs 2 spaces per 5 seating places plus 1 space per 2
employees
2 spaces per establishment
Body Repair 4 spaces per repair stall None required
Equipment Rental / Sales 1 space per 500 s.f. of gross floor area 1 Space
Campground 1 space per camping unit None required
Commercial Recreation 1 space per 4 persons of licensed capacity 1 per establishment
Communication Services 1 space per 500 s.f. of gross floor area 1 per establishment
Construction Sales / Service 1 space per 500 s.f. of gross floor area 1 per establishment
Food Sales (limited) 1 space per 300 s.f. of gross floor area 1 per establishment
Food Sales (general) 1 space per 200 s.f. of gross floor area 2 per establishment
General Retail Sales establishments 1 space per 200 s.f. of gross floor area 1 per establishment
Laundry Services 1 space per 200 s.f. of gross floor area None required
Restaurants w/ drive-thru 2 spaces per 5 seating places plus 1 space per 2
employees 2 spaces per establishment
Restaurants (General) 2 spaces per 5 seating places plus 1 space per 2
employees
2 spaces per establishment
Convalescent and Nursing Home Services 1 space per 3 beds plus 1 per employee on the largest
shift
1 space per structure
Daycare 1 space per employee plus 1 space or loading stall per
each 10 persons of licensed capacity
None required
Educational Uses, Primary Facilities 20% of the student capacity 2 spaces per structure
Educational Uses, Secondary Facilities 40% of the student capacity 2 spaces per structure
Funeral Homes and Chapels 8 spaces per reposing room 2 spaces per establishment
Group Care Facility 1 space per 3 beds; plus, 1 space per employee 1 space per structure
Group Home 1 space per 3 beds; plus, 1 space per employee 1 space per structure
Guidance Services 1 space per 300 s.f. of gross floor area None required
Hospitals 1 space per 2 licensed beds; plus, .75 times the
maximum number of employees during the largest shift.
3 spaces per structure
Hotels and Motels 1 space per rental unit plus 1 space per employee 1 space per establishment
Housing (Congregate)
Assisted-Living Facilities 1 space per dwelling unit plus 1 space per employee on
the largest shift
1 per structure
Duplex 2 spaces per dwelling unit None required
Dormitories, Sororities, and
Fraternities
1 space per 2 beds plus 1 space per 2 employees None required
Multi-family/Apartments 1 space per sleeping unit – spaces to be sited in the
general proximity of where the sleeping units are
located, plus, 1 additional space per apartment (for 1-
and 2-sleeping units), and 1 ½ spaces per apartment (for
3-sleeping units) to accommodate guest parking.
None required
Industrial Uses .75 times the maximum number of employees during the
largest shift
2 spaces per establishment
Libraries 1 space 500 s.f. of gross floor area 1 per structure
Boarding Houses/Bed and Breakfasts 2 per 3 guest beds and 1 for the managing resident None required
Medical Clinics 5 spaces per staff doctor, dentist, chiropractor None required
Mobile Home Park 2 per dwelling unit None required
Offices and Office Buildings 1 space per 200 s.f. of gross floor area None required
Residential (Single-family, attached and
detached)
2 spaces per dwelling unit None required
Roadside Stands 4 spaces per establishment None required
Service Oriented Establishments 1 space per 200 s.f. of gross floor area 1 per establishment
Theaters, Auditoriums, and Places of
Assembly
1 space per 2 seats, or 1 space per 2 people in designed
capacity, whichever is greater.
1 space per establishment
Veterinary Establishments 3 spaces per staff doctor None required
Wholesaling / Distribution Operations 1 space per employees on the largest shift 1 spaces per establishment
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ARTICLE 6: SUPPLEMENTAL REGULATIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 106
Reference Resolution 15-067
Adopted, November 3, 2015
Section 6.09 Signs: Standard of Measurement
1. The total area of all signs permitted on a lot shall include:
a. The total area of the faces of all permanent exterior signs visible from a public way, plus
b. The area of permanent signs placed upon the surface of windows and doors, plus
c. The area within the outline enclosing the lettering, modeling or insignia of signs integral with
the wall and not designed as a panel.
2. A building or use having frontage on a second street may include 20% of the length of the lot facing the
second street.
Section 6.10 Signs, Type
6.10.01 Real Estate: Not more than two (2) signs per lot may be used as a temporary sign no larger than six (6)
square feet (except, “A-1”, “A-2”, or “A-3” may be up to 32 square feet and setback a minimum of five
(5) feet from the R.O.W.) and set back 20 feet from the road right of way or road easement boundary. In
no case shall these signs obstruct the visibility at any intersection or driveway.
6.10.02 Business: Small announcement or professional signs, not over 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.
6.10.03 Wall: A sign or sign flat against a building wall when appertaining to a nonconforming use on the
premises, not exceeding in the aggregate 50 square feet in area except as may be authorized by the
Board of Adjustment.
6.10.04 Name plate: One nameplate not exceeding two (2) square feet for each dwelling.
6.10.05 Billboard: 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 100 feet of any lot in a residential district.
3. No billboard, signboard, or similar advertising signs shall exceed 500 square feet in area.
4. 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.
6.10.06 Low Profile or Ground: Ground signs at least five (5) feet from any lot line with a maximum height of
six (6) feet.
6.10.07 Projecting or Pole: One (1) free standing or projecting sign for each enterprise on the premises of not
more than 100 square feet per sign face, at no point closer to the front line or a side line than one-half of
the required building setback distance, and not exceed the maximum height from the established grade
level for said Zoning District. The lowest horizontal projecting feature of any post or pole mounted sign
shall be eight feet above the established grade level.
6.10.08 Subdivision: Not more than one (1) sign per entrance into the subdivision. No sign shall be greater than
32 square feet in size.
6.10.09 Signs hung from canopies and awnings shall be no closer than 80 inches from the bottom edge of the
sign to grade below.
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ARTICLE 6: SUPPLEMENTAL REGULATIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 107
Section 6.11 Sign Schedule
1. Signs shall be permitted in the various districts according to the following schedule:
Zoning District A-1 A-2 A-3 AG-
SC
AG-
SE
AG-
SI
SRC R-1 R-M HC RC LC LI GI PUD
Sign Type
Real Estate + + + + + + + + + + + + + +
Business + + + + + + + + + -
Wall + + + - - + + + + + -
Name Plate + + + - - - - + + - - - - - +
Billboard - - - - - - - - - + + + + + -
Subdivision - - - - - - + + + + + + + +
Projecting - - - - - + - - - + + + + + -
Pole - - - - - + - - - + + + + + -
Ground or Low
Profile - - - + + + - - - + + + + + -
+ Permitted
- Prohibited
C Conditional Use Permit required
Section 6.12 Sign Permits
All signs, except Real Estate signs advertising the sale of property where the sign is located and up to one (1)
sign advertising the authorized business being conducted on the property where the sign is located, shall require
a building permit from the Zoning Administrator prior to installing any new sign. Election signs shall be exempt
so long as they do not interfere with the safety and well being of the public.
Section 6.13 Public Utility Facilities Lot Size Requirements
Notwithstanding any other provision of these Regulations, none of the following public utility or public
service uses shall be required to comply with the lot size requirements and bulk regulations of the zoning
district in which they are located:
1. Electric and telephone substations and distribution systems.
2. Gas regulator stations.
3. Poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves or other similar equipment for
the transmission of electricity, gas or water.
4. Pumping stations.
5. Radio, television and microwave transmitting or relay stations and towers, except as may be
required to meet setback requirements.
6. Transformer station.
7. Water tower or standpipes.
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ARTICLE 7: ADMINISTRATION AND ENFORCEMENT
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 108
ARTICLE 7: ADMINISTRATION AND ENFORCEMENT
Section 7.01 Zoning Administrator
The Director of the Hall County Regional Planning Department shall serve as the Zoning Administrator, as
appointed by the County Board of Supervisors Commissioners and shall administer and enforce these
Regulations. The Zoning Administrator may be provided with the assistance of such other persons as the
County Board of Supervisors Commissioners may direct.
Section 7.02 Zoning Permit Required
It shall be unlawful to commence or do any excavating, erecting, constructing, reconstructing, enlarging,
altering, or moving of any building or structure or to use or occupy or permit the use or occupancy of any
building, land or premises, or construction or connection to water or sewer facilities or part thereof hereafter
created, erected, change, converted, or wholly or partly altered or enlarged in its use or structure until a
zoning permit shall have been issued therefore by the Zoning Administrator stating that the proposed use of
the building or land conforms to these regulations.
The Zoning Administrator may issue a temporary zoning permit for uses in any district for the purpose of
uses and buildings incidental and required in the construction of a principal permitted use in the district in
which it is located and highway construction, provided that such use be of a temporary nature and does not
involve the erection of substantial buildings. Such permit shall be granted in the form of a temporary and
revocable permit for not more than six (6) months subject to conditions as will safeguard the public health,
safety, and general welfare.
Section 7.03 Application for Zoning Permit
Written application on forms prescribed and furnished by the Zoning Administrator stating such information
as may be required for the enforcement of these regulations shall be submitted and shall be accompanied by
plans in duplicate, drawn to scale, showing the actual shape and dimensions of the lot to be built upon or to
be changed in its use, in while or in part, the exact location, existing and intended use of each building or
structure or part thereof, the number of families or housekeeping units the building is designed to
accommodate and when no buildings are involved, the location of the present use and proposed use to be
made of the lot, existing and proposed water and sanitary sewer facilities, as may be necessary to determine
and provide for the enforcement of these regulations. One (1) copy of such plans shall be returned to the
owner when such plans shall have been approved by the Zoning Administrator together with such zoning
permits as may be granted. All dimensions shown on these plans relating to the location and size of the lot
to be built upon shall be based on actual survey. The lot and the location of the building thereon shall be
staked out on the ground before construction is started.
The Zoning Administrator shall issue a written permit, or denial, thereof, with reasons in writing within 20
days from the date of the acceptance of the application. Those proposed uses requiring a zoning permit that
are affected directly through these Regulations by another use currently in the conditional use process must
yield until such use is permitted or denied.
Except where an extension has been obtained in writing from the Zoning Administrator, permits issued shall
expire within 90 days if the work described in the permit has not begun or the use applied for has not been
established and within one year should the work not have been completed.
Section 7.04 Enforcement by the Zoning Administrator
It shall be the duty of the Zoning Administrator to enforce these Regulations in accordance with its
provisions. All departments, officials, and public employees of Hall County which are vested with the duty
or authority to issue permits or licenses, shall conform to the provisions of these regulations and shall issue
no permit or license for any use, building or purpose, if the same would be in conflict with the provisions of
these Regulations.
Any person, partnership, limited liability company, association, club, or corporation violating these
regulations or of erecting, constructing, reconstructing, altering, or converting any structure without having
first obtained a permit shall be guilty of a Class III misdemeanor. Each day such violation continues after
notice of violation has been given to the offender may be considered a separate offense. In addition to other
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ARTICLE 7: ADMINISTRATION AND ENFORCEMENT
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 109
remedies, the County Board or the Zoning Administrator, as well as any owner or owners of real estate
within the district affected by these regulations, may institute any appropriate action or proceedings to
prevent such unlawful construction, erection, reconstruction, alteration, repair, conversion, maintenance, or
use, to restrain, correct, or abate such violation, or to prevent the illegal act, conduct, business, or use in or
about such premises. Any taxpayer or taxpayers in the county may institute proceedings or compel specific
performance by the Zoning Administrator, County Board or any other responsible officials of the County.
Section 7.05 Certification of Occupancy
No structure or land shall be hereafter used or the use changed thereof until a Certificate of Occupancy shall
have been issued by the Zoning Administrator. A Certificate of Occupancy for a new building or for the
alteration of an existing structure shall be applied for coincident with the application for a zoning permit and
shall be issued within ten (10) days after the erection or alteration of such building is completed in
conformity with these regulations.
No Certificate of Occupancy shall be issued for residential purposes for a partially completed or portion of a
building. No structure shall be used as a temporary residence.
Application for a change of use of land or existing structure shall be made on forms provided by the Zoning
Administrator and shall state the proposed use is in conformity with these regulations.
Section 7.06 Remedies for Violation, Penalties, and Enforcement Generally
Remedies for violation and penalties concerning the Regulations and provisions in this Resolution, as may be
amended, as read in its entirety, shall be those set forth in Neb. Rev. Stat. §23-114.05 and §23-174, or as
otherwise amended by the State Legislature.
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ARTICLE 8: FLOOD PLAIN REGULATIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 110
ARTICLE 8: FLOOD PLAIN REGULATIONS
SECTION 8.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT, AND PURPOSES
8.1 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 County Commissioners of Hall County, Nebraska ordains as
follows:
8.2 FINDINGS OF FACT
A. Flood Losses Resulting from Periodic Inundation
The flood hazard areas of Hall County, 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.
8.3 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:
A. 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.
B. Require that uses vulnerable to floods, including public facilities that service such
uses, be provided with flood protection at the time of initial construction.
C. 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.
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ARTICLE 8: FLOOD PLAIN REGULATIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 111
D. Assure that eligibility is maintained for property owners in the community to
purchase flood insurance from the National Flood Insurance Program.
8.4 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.
SECTION 2.0 GENERAL PROVISIONS
2.1 LANDS TO WHICH ORDINANCE APPLIES
This ordinance shall apply to all lands within the jurisdictions of the Hall County
identified on the Flood Insurance Rate Map (FIRM) panels shown on the Index
31079CIND0A dated September 26, 2008 as Zones A, A1-30, AE, AO, or AH and
within the Zoning Districts FW and FF 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
Board of Commissioners of Hall County 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 Sections 4.0 and 5.0.
2.2 RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES
The boundaries of the floodway and the flood fringe overlay districts shall be
determined by scaling distances on the official zoning map of on the effective Flood
Insurance Rate Map. Where interpretation is needed to the exact location of the
boundaries of the districts as shown on the zoning or other community map, the
floodplain administrator shall make the necessary interpretation. In such cases where
the interpretation is contested, the Hall County Board of Zoning 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 their case to the Hall County Board of Adjustment and to submit their own
technical evidence, if so desired.
2.3 COMPLIANCE
Within identified floodplains 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.
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ARTICLE 8: FLOOD PLAIN REGULATIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 112
2.4 ABROGATION AND GREATER RESTRICTIONS
This ordinance does not intend 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.
2.5 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.
2.6 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 or the flood height may be increased by manmade 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 Hall County 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.
2.7 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.
SECTION 3.0 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 dated September 26,
2008 and on accompanying FIRM panels as established in Section 2.1. The flood fringe
overlay district shall correspond to flood zones A, AE, A1-30, AH, AO, AR, A99, and
floodway areas in Zone AE that are identified on FIRM panels. The floodway overlay district
shall correspond to the floodway areas in Zone AE that are identified on the FIRM panels.
Within these districts, all uses not meeting the standards of this ordinance and those standards
of the underlying zoning district shall be prohibited.
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SECTION 4.0 FLOODPLAIN MANAGEMENT ADMINISTRATION
4.1 DESIGNATION OF FLOODPLAIN ADMINISTRATOR
The Planning Director for the Hall County Regional Planning Department 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 an Interim Planning Director as appointed or other planning staff as assigned by
the immediate supervisor of the Planning Director shall assume the duties and
responsibilities herein. For purposes of building permits, the Chief Building Official is
authorized to act as the floodplain administrator and issue flood plain development
permits as part of the building permit.
4.2 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.
4.3 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. 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.
vi. Assure that maintenance is provided within the altered or relocated portion of
the watercourse so that the flood carrying capacity is not diminished.
vii. 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.
viii. Verify, record, and maintain record of the actual elevation (in relation to mean
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sea level) to which all new or substantially improved structures have been
floodproofed.
ix. 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.
x. Ensure comprehensive development plan as amended is consistent with this
ordinance.
xi. 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.
4.4 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
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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. For all development proposed in the floodway, no-rise certification shall be provided
to the floodplain administrator and be completed by a licensed professional engineer.
F. Any other such information as reasonably may be required by the {floodplain
administrator} shall be provided.
G. 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.]
4.5 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
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location as shown in the Flood Insurance Study or on base flood elevation
determinations.
4.6 VARIANCE AND APPEALS PROCEDURES
A. The Board of Zoning Adjustment as established by Hall County shall hear and decide
appeals and requests for variances from the requirements of this ordinance.
B. The Board of Zoning 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
administrator or chief building official in the enforcement or administration of this
ordinance.
C. Any person aggrieved by the decision of the Board of Zoning 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 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;
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,
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streets, and bridges.
4.7 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-I 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 not be issued within any designated floodway if any increase in water
surface elevations along the floodway profile during the base flood discharge would
result.
G. Variances shall only be issued upon a determination that the variance in the minimum
necessary, considering the flood hazard, to afford relief.
H. 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.
I. All requests for variances and associated actions and documents, including
justification for their issuance, shall be maintained by the community.
4.8 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
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development permit, elevation certificate, certification by a licensed professional
engineer of compliance with these regulations, or other evidence of compliance is
presumed 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 $500 per day per offense, 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 Hall County or other appropriate
authority from taking such other lawful action as is necessary to prevent or
remedy any violation.
SECTION 5.0 STANDARDS FOR FLOODPLAIN DEVELOPMENT
5.1 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.
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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 5.1 (B) (ii) shall apply:
a. Any development that will cause a rise in the base flood elevations
within the floodway; or
b. Any development in Zones A, A1-30, and Zone AE without a
designated floodway that will cause a rise of more than one foot in
the base flood elevation; or
c. 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 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.
C. Floodway Overlay District
i. Standards for the Floodway Overlay District
a. New structures for human habitation are prohibited.
b. All encroachments, including fill, new construction, substantial
improvements, and other development must be prohibited unless
certification by a registered professional engineer or architect is
provided demonstrating that the development shall not result in any
increase in water surface elevations along the floodway profile during
the occurrence of the base flood discharge. These developments are
also subject to all the standards of Section 5.
c. In Zone A areas, obtain, review, and reasonably utilize any flood
elevation and floodway data available through federal, state, or other
sources, including studies done under Section 5.3 (H) “Subdivisions”,
in meeting the standards of this section.
ii. Only uses having a low flood-damage potential and not obstructing flood flows
shall be allowed within the Floodway Overlay District to the extent that they
are not prohibited by any other ordinance. The following are recommended
uses for the Floodway Overlay District:
a. Agricultural uses such as general farming, pasture, nurseries, and
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forestry
b. Residential uses such as lawns, gardens, parking, and play areas
c. Nonresidential uses such as loading areas, parking, and airport
landing strips
d. Public and private recreational uses such as golf courses,
archery ranges, picnic grounds, parks, and wildlife and nature
preserves.
5.2 ELEVATION AND FLOODPROOFING REQUIREMENTS
A. Residential Structures
i. In Zones A, AE, A1-30, and AH, 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.
ii. In Zone AO, all new construction and substantial improvements shall have the
lowest floor, including basement, elevated above the highest adjacent grade at
least as high as one (1) foot above the depth number specified in feet on the
FIRM or, if no depth number is specified on the FIRM, at least as high as three
(3) feet.
iii. In the floodway, new structures for human habitation are prohibited.
B. Nonresidential Structures
i. In Zones A, AE, A1-30, and AH, 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.
ii. In Zone AO, all new construction and substantial improvements shall have the
lowest floor elevated above the highest adjacent grade at least as high as one
(1) foot above the depth number specified in feet on the FIRM or, if no depth
number is specified on the FIRM, at least as high as three (3) feet; 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
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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. Critical Facilities
i. New construction or substantial improvement of any critical facility is
prohibited in all areas of the floodplain and the 0.2% annual chance floodplain,
unless all of the following provisions are met:
a. No feasible alternative site exists for the construction of an equivalent
facility within the corporate or extraterritorial jurisdiction boundaries
of Hall County;
b. The facility has the lowest floor, including basement, of all structures
elevated to one (1) foot above the 0.2% annual chance flood elevation
or, together with attendant utility and sanitary facilities, floodproofed
so that below one (1) foot above the 0.2% annual chance flood
elevation:
1. The structure is watertight with walls substantially impermeable
to the passage of water and
2. The structure has structural components with the capability of
resisting hydrostatic and hydrodynamic loads and effects of
buoyancy
3. A registered professional engineer or architect shall certify that
the standards of the subsection are satisfied. Such certification
shall be provided to the floodplain administrator as set forth in
Section 4.
c. If the 0.2% annual chance floodplain is not identified, the facility shall
have the lowest floor, including basement, elevated to three (3) feet
above the base flood elevation or be floodproofed to three (3) feet
above the base flood elevation with the standards in 5.2 C (i) (b).
d. The facility has at least one access road connected to land outside the
0.2% annual chance floodplain that is capable of carrying emergency
support vehicles and the top of the access road is no lower than the
0.2% annual chance flood elevation.]
D. 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
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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.
E. Appurtenant Structures (Accessory Buildings)
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.
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 400 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.
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i. If the structure is converted to another use, it must be brought into full
compliance with the minimum standards governing such use.
F. 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 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) “Subdivisions”.
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
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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.
G. 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-iv) 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 in the floodway shall comply with the provisions of 5.1 (C).
iv. 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.
5.3 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 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
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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;
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
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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 6.0 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 12 consecutive months, any future use of the
building premises shall conform to this ordinance. The Utility Department
shall notify the {floodplain administrator} in writing of instances of
nonconforming uses where utility services have been discontinued for a period
of {number} months.
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 7.0 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 the Hall
County. 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
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before being adopted.
SECTION 8.0 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:
0.2% Annual Chance Floodplain means the floodplain that would be inundated by the 0.2%
annual chance flood and delineated on the Flood Insurance Rate Maps.]
0.2% Annual Chance Flood Elevation means the elevation to which floodwaters are
expected to rise during a 0.2% annual chance flood.]
Appurtenant Structure shall mean a structure on the same parcel of property as the principal
structure, the use of which is incidental to the use of the principal structure. Also shall be
known as “accessory structure.”]
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.”
Critical Facility means any property that, if flooded, would result in severe consequences to
public health and safety. Critical facilities include, but are not limited to: facilities that
produces, use, or store hazardous materials; hospitals, nursing homes, and housing likely to
contain vulnerable populations; emergency support function facilities like police stations, fire
stations, vehicle and equipment storage facilities, and emergency operations centers; public
and private utility facilities vital to maintaining or restoring normal services to flooded areas
before, during, and after a flood.
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.
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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.
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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 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
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HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 130
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
September 26, 2008, 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
September 26, 2008, 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.
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.
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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.
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 and general welfare. The
Legislature of the State of Nebraska has in Sections 31-1001 to 31-1022, R.R.S. 1943 assigned the
responsibility to local governmental units to adopt floodplain management regulations designed to
protect the public health, safety and general welfare.
8.01.02 Findings of Fact
1. Flood Losses Resulting From Periodic Inundation
The flood hazard areas of Hall County, Nebraska, are subject to inundation which results in
loss of life and property, health and safety hazards, disruption of commerce and governmental
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HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 132
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.
2. General Causes of the Flood Losses
These flood losses are caused by:
A. The cumulative effect of obstructions in floodplains causing increases in flood heights
and velocities,
B. The occupancy of flood hazard areas by uses vulnerable to floods or hazardous to
others, which are inadequately elevated or otherwise unprotected from flood damages.
3. Methods Used to Analyze Flood Hazards
This Resolution uses a reasonable method of analyzing flood hazards which consists of a series
of interrelated steps.
A. Selection of a regulatory flood which is based upon engineering calculations which
permit a consideration of such flood factors as its expected frequency of occurrence,
the area inundated, and the depth of inundation. The base flood is selected for this
Resolution. It is representative of large floods which are reasonably characteristic of
what can be expected to occur on the particular streams subject to this Resolution. It
is in the general order of a flood which could be expected to have a 1% chance of
occurrence in any one year, as delineated on the Federal Insurance Administration's
Flood Insurance Study, and illustrative materials dated September 29, 1986 as
amended, and any future revisions thereto.
B. Calculation of water surface profiles based on a hydraulic engineering analysis of the
capacity of the stream channel and overbank areas to convey the base flood.
C. Computation of the floodway required to convey this flood without increasing flood
heights more than one (1) foot at any point.
D. Delineation of floodway encroachment lines within which no obstruction is permitted
which would cause any water surface increase along the floodway profile.
E. Delineation of floodway fringe, i.e., that area outside the floodway encroachment
lines, but which still is subject to inundation by the base flood.
8.01.03 Statement of Purpose
It is the purpose of this Resolution to promote the public health, safety, and general welfare and to
minimize those losses described in Section 8.01.02 (1) by applying the provisions of this Resolution to:
1. Restrict or prohibit uses, which 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, which serve such uses, be
provided with flood protection at the time of initial construction.
3. Protect individuals from buying lands, which are unsuited for intended purposes because of
flood hazard.
4. Assure that eligibility is maintained for property owners in the community to purchase flood
insurance in the National Flood Insurance Program.
Section 8.02 General Provisions
8.02.01 Lands to Which Resolution Applies
This Resolution shall apply to all lands within the jurisdiction of Hall County identified on the Flood
Insurance Rate Map (FIRM) dated September 29, 1986, and any revisions thereto, as numbered and
unnumbered A Zones (including AE, AO and AH Zones) and within the Zoning Districts FW and FF
established in Section 8.04 of this Resolution. In all areas covered by this Resolution no development
shall be permitted except upon the issuance of a floodplain permit to develop, granted by the Board of
Supervisors Commissioners or its duly designated representative under such safeguards and restrictions
as the Board of Supervisors Commissioners 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 Sections 8.05, 8.06, and 8.07.
8.02.02 The Enforcement Officer
The Building Inspector and/or Planning Director of the community is hereby designated as the
community's duly designated Enforcement Officer under this Resolution.
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8.02.03 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 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 board of adjustment and to submit his own technical evidence, if
he so desires.
8.02.04 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 Resolution and other
applicable regulations.
8.02.05 Abrogation and Greater Restrictions
It is not intended by this Resolution to repeal, abrogate or impair any existent easements, covenants, or
deed restrictions. However, where this Resolution imposes greater restrictions, the provision of this
Resolution shall prevail. All other Resolutions inconsistent with this Resolution are hereby repealed to
the extent of the inconsistency only.
8.02.06 Interpretation
In their interpretation and application, the provisions of this Resolution 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.
8.02.07 Warning and Disclaimer of Liability
The degree of flood protection required by this Resolution 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 Resolution 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
Resolution shall not create liability on the part of (name of local unit) or any officer or
employee thereof for any flood damages that may result from reliance on this Resolution or any
administrative decision lawfully made thereunder.
8.02.08 Severability
If any section, clause, provision or portion of this Resolution is adjudged unconstitutional or invalid by a
court of competent jurisdiction, the remainder of this Resolution shall not be affected thereby.
8.02.09 Appeal
Where a request for a permit to develop or a variance is denied by the Building Inspector and/or Planning
Director the applicant may apply for such permit or variance directly to the board of adjustment.
Section 8.03 Development Permit
8.03.01. Permit Required
No person, firm or corporation shall initiate any floodplain development or substantial improvement or
cause the same to be done without first obtaining a separate permit for development as defined in Section
8.12.
8.03.02. Administration
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1 The Building Inspector and/or Planning Director are hereby appointed to administer and
implement the provisions of this Resolution.
2 Duties of the Building Inspector and/or Planning Director shall include, but not be limited to: A. Review all development permit applications to assure that sites are reasonably safe from
flooding and that the permit requirements of this Resolution have been satisfied. B. Review applications for proposed development to assure that all necessary permits have been obtained from those Federal, state or local governmental agencies from which prior
approval is required. C. Notify adjacent communities and the Nebraska Natural Resources Commission prior to any alteration or relocation of a watercourse, and submit evidence of such notification to
the Federal Emergency Management Agency. D. Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.
E. 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 special flood hazard areas.
F. Verify, record and maintain record of the actual elevation (in relation to mean sea level) to which new or substantially improved structures have been floodproofed.
G. When floodproofing is utilized for a particular structure the Building Inspector and/or
Planning Director shall be presented certification from a registered professional engineer
or architect.
8.03.03. Application for Permit
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:
1. Identify and describe the development to be covered by the floodplain development permit.
2. Describe the land on which the proposed development is to be done by lot, block, tract and house
and street address, or similar description that will readily identify and definitely locate the
proposed building or development.
3. Indicate the use or occupancy for which the proposed development is intended.
4. Be accompanied by plans and specifications for proposed construction.
5. Be signed by the permittee or his authorized agent who may be required to submit evidence to
indicate such authority.
6. Give such other information as reasonably may be required by Building Inspector and/or
Planning Director.
Section 8.04 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 Resolution and those standards of the underlying
zoning district shall be prohibited.
Section 8.05 Standards for Floodplain Development
8.05.01. No permit for development shall be granted for new construction, substantial improvements and other
development(s) including the placement of manufactured homes within all numbered and unnumbered A
zones (including AE, AO, and AH zones) unless the conditions of this Section are satisfied.
8.05.02. All areas identified as unnumbered A zones on the FIRM are subject to inundation of the base flood;
however, the water surface Section 8.06 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.
8.05.03. Until a floodway has been designated, no development or substantial improvement may be permitted within
special flood hazard areas 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 on the Flood Insurance Study.
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8.05.04. New construction, subdivision proposals, substantial improvements, prefabricated buildings, placement of
manufactured homes and other developments shall require:
1. Design or anchorage to prevent flotation, collapse or lateral movement of the structure resulting
from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
2. New or replacement water supply systems and/or sanitary sewage systems be designed to
minimize or eliminate infiltration of flood waters into the systems and discharges from the systems
into flood waters, and on-site waste disposal systems be located so as to avoid impairment or
contamination.
3. Construction with materials resistant to flood damage, utilizing methods and practices that
minimize flood damages, and with electrical, heating, ventilation, plumbing, and air 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.
4. All utility and sanitary facilities be elevated or floodproofed up to the regulatory flood protection
elevation.
8.05.05. Storage of Material and Equipment
1 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.
2 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.
8.05.06. Subdivision proposals and other proposed new development, including manufactured home parks or
subdivisions, be required to assure 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, (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 subdivision) of five (5) acres or fifty (50) lots, whichever is lesser, include within such
proposals the base flood elevation.
Section 8.06 Flood Fringe Overlay District – Including AO and AH Zones)
8.06.01. Permitted Uses
Any use permitted in Section 8.07 shall be permitted in the Flood Fringe Overlay District. No use shall be
permitted in the district unless the standards of Section 8.05 are met.
8.06.02. Standards for the Flood Fringe Overlay District
1. Require new construction or substantial improvements of residential structures to have the lowest
floor, including basement, elevated to or above one (1) foot above the base flood elevation.
2. Require new construction or substantial improvements of non-residential structures to 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, to be floodproofed so that below that level
the structure is watertight with walls substantially impermeable to the passage of water and with
structural components having 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. Such certification shall be provided to the Building Inspector
and/or Planning Director as set forth in Section 8.03.02, (2), (G).
3. Require for all new construction and substantial improvements that fully enclosed areas below the
lowest floor that are usable solely for parking of vehicles, building access or storage in an area
other than a basement and which are subject to flooding 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 minimum
of two openings having a total net area of not less than one square inch for every square foot of
enclosed area subject to flooding shall be provided. The bottom of all openings shall be not higher
than one foot above grade. Openings may be equipped with screens, louvers, valves, or other
coverings or devices provided that they permit the automatic entry and exit of floodwaters.
4. Within AH zones adequate drainage paths around structures on slopes shall be required in order to
guide floodwaters around and away from proposed structures.
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5. Manufacturing
A. All manufactured homes shall be anchored to resist floatation, 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 frame ties to ground anchors
are used, the following specific requirements (or their equivalent) shall be met:
(1) 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;
(2) Frame ties be provided at each corner of the home with five additional ties per
side at intermediate points and manufactured homes less than 50 feet long
requiring four additional ties per side;
(3) All components of the anchoring system be capable of carrying a force of 4,800
pounds; and
(4) Any additions to the manufactured home be similarly anchored.
B. Require that all manufactured homes to be placed or substantially improved within
special flood hazard areas on the community's FIRM on sites:
(1) Outside of a manufactured home park or subdivision,
(2) In a new manufactured home park or subdivision,
(3) In an expansion to an existing manufactured home park or subdivision, or
(4) In an existing manufactured home park or subdivision on which a manufactured
home has 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 Section 8.06.02 (1).
C. 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 on the
community's FIRM that are not subject to the provisions of Section 8.06.02 (2).be
elevated so that either:
(1) The lowest floor of the manufactured home is at or above one (1) foot above
the base flood elevation, or
(2) 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 8.06.02 (1).
6. Recreational vehicles placed on sites within the special flood hazard areas on the community's
official map shall either:
A. be on the site for fewer than 180 consecutive days,
B. be fully licensed and ready for highway use, or
C. meet the permit requirements and the elevation and anchoring requirements for
"manufactured homes" of this Resolution. A recreational vehicle is ready for highway
use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect
type utilities and security devices, and has no permanently attached additions.
7. Located within the areas of special flood hazard established in Section 8.02.01 are areas
designated as AO Zones. These areas have special flood hazards associated with base flood
depths of 1 to 3 feet where a clearly defined channel does not exist and where the path of flooding
is unpredictable and indeterminate; therefore, the following provisions apply within AO Zones:
A. All new construction and substantial improvements of residential structures shall have
the lowest floor (including basement) elevated above the highest adjacent grade at least
as high as one (1) foot above the depth number specified in feet on the community's
FIRM (at least two feet if no depth number is specified).
B. All new construction and substantial improvements of non-residential structures shall:
(1) Have the lowest floor elevated above the highest adjacent grade at least as high
as one (1) foot above the depth number specified in feet on the community's
FIRM (at least two feet if no depth number is specified), or
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ARTICLE 8: FLOOD PLAIN REGULATIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 137
(2) Together with attendant utility and sanitary facilities be completely
floodproofed to or above that level so that any space below that level is
watertight with walls substantially impermeable to the passage of water and
with structural components having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy. Such certification shall be
provided to the official as set forth in Section 8.03.02 (2), (G).
C. Adequate drainage paths around structures on slopes shall be required in order to guide
floodwaters around and away from proposed structures.
Section 8.07 Floodway Overlay District
8.07.01. Permitted Uses
Only uses having a low flood-damage potential and not obstructing flood flows shall be permitted within
the Floodway District to the extent that they are not prohibited by any other Resolution. The following are
recommended uses for the Floodway District:
1. Agricultural uses such as general farming, pasture, nurseries, forestry.
2. Residential uses such as lawns, gardens, parking and play areas.
3. Non-residential areas such as loading areas, parking and airport landing strips.
4. Public and private recreational uses such as golf courses, archery ranges, picnic grounds, parks,
wildlife and nature preserves.
8.07.02. New structures for human habitation are prohibited. All encroachments, including fill, new construction,
substantial improvements and other development must be prohibited unless certification by a registered
professional engineer or architect is provided demonstrating that the development shall not result in any
increase in water surface elevations along the floodway profile during occurrence of the base flood
discharge. These uses are subject to the standards of Section 8.05 and 8.06.
Section 8.08 Variance Procedures
8.08.01. The board of adjustment as established by (local unit) shall hear and decide appeals and
requests for variances from the requirements of this Resolution.
8.08.02. The 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 Building Inspector and/or Planning Director in the
enforcement or administration of this Resolution.
8.08.03. Any person aggrieved by the decision of the board of adjustment or any taxpayer may appeal such decision
to the District Court as provided in Section 23-168, R.R.S. 1943 (For Counties); 19-912, R.R.S. 1943 (For
Municipalities).
8.08.04. In passing upon such applications, the board of adjustment shall consider all technical evaluation, all
relevant factors, standards specified in other sections of this Resolution, and:
1. The danger that materials may be swept onto other lands to the injury of others;
2. The danger to life and property due to flooding or erosion damage;
3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such
damage on the individual owner;
4. The importance of the services provided by the proposed facility to the community;
5. The necessity to the facility of a waterfront location, where applicable;
6. The availability of alternative locations, not subject to flooding or erosion damage, for the
proposed use;
7. The compatibility of the proposed use with existing and anticipated development;
8. The relationship of the proposed use to the comprehensive plan and floodplain management
program for that area;
9. The safety of access to the property in times of flood for ordinary and emergency vehicles;
10. 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,
11. The costs of providing governmental services during and after flood conditions including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water
systems, and streets and bridges.
8.08.05. Conditions for Variances
1. 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
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ARTICLE 8: FLOOD PLAIN REGULATIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 138
structures constructed below the base flood level, providing items (8.52-8.56 below) have been
fully considered. As the lot size increases beyond the one-half acre, the technical justification
required for issuing the variance increases.
2. 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
a historic structure and the variance is the minimum necessary to preserve the historic character
and design of the structure.
3. Variances shall not be issued within any designated floodway if any increase in flood levels along
the floodway profile during the base flood discharge would result.
4. Variances shall only be issued upon a determination that the variance is the minimum necessary,
considering the flood hazard, to afford relief.
5. Variances shall only be issued upon:
A. a showing of good and sufficient cause,
B. a determination that failure to grant the variance would result in exceptional hardship to
the applicant, and
C. a determination that the granting of a variance will not result in increased flood heights,
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 Resolutions.
8. The applicant shall be given a written notice over the signature of a community official that:
A. the issuance of a variance to construct a structure below the base flood level will result in
increased premiums rates for flood insurance up to amounts as high as $25.00 for
$100.00 of insurance coverage and
B. Such construction below the base flood level increases risks to life and property. Such
notification shall be maintained with the record of all variance actions as required by this
Resolution.
Section 8.09 Non Conforming Uses
8.09.01. A structure or the use of a structure or premises which was lawful before the passage or amendment of the
Resolution, but which is not in conformity with the provisions of this Resolution may be continued subject
to the following conditions:
1. If such use is discontinued for 12 consecutive months, any future use of the building premises
shall conform to this Resolution. The Utility Department shall notify the Building Inspector
and/or Planning Director in writing of instances of nonconforming uses where utility services
have been discontinued for a period of 12 months.
2. Uses or adjuncts thereof that are or become nuisances shall not be entitled to continue as
nonconforming uses.
8.09.02. 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 Resolution. This limitation does
not include the cost of any alteration to comply with existing state or local health, sanitary, building, or
safety codes or regulations or the cost of any alteration of a structure listed on the National Register of
Historic Places or a State Inventory of Historic Places, provided that the alteration shall not preclude its
continued designation.
Section 8.10 Penalties for Violation
Violation of the provisions of this Resolution 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 who violates this Resolution or fails to comply with any of its requirements shall upon
conviction thereof be fined not more than $100.00, and in addition, shall pay all costs and expenses involved in the
case. Each day that said violation continues shall be considered a separate offense.
Nothing herein contained shall prevent the county board or other appropriate authority from taking such other lawful
action is as necessary to prevent or remedy any violation.
Section 8.11 Amendments
The regulations, restrictions, and boundaries set forth in this Resolution may from time to time be amended,
supplemented, changed, or appealed to reflect any and all changes in the National Flood Disaster Protection Act of
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ARTICLE 8: FLOOD PLAIN REGULATIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 139
1973, provided, however, that no such action may be taken 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 hearing
shall be published in a newspaper of general circulation in Hall County. At least 10 days shall elapse between the
date of this publication and the public hearing. A copy of such amendments will be provided to the Federal
Emergency Management Agency. The regulations of this Resolution are in compliance with the National Flood
Insurance Program Regulations as published in Title 44 of the Code of Federal Regulations and the 1983 Nebraska
Flood Plain Management Act.
Section 8.12 Definitions
Unless specifically defined below, words or phrases used in this Resolution shall be interpreted so as to give them the
meaning they have in common usage and to give this Resolution its most reasonable application:
8.12.01. "Appeal" means a request for a review of the Building Inspector’s and/or Planning Director 's
interpretation of any provision of this Resolution or a request for a variance.
8.12.02. "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.
8.12.03. "Base Flood" means the flood having one percent chance of being equalled or exceeded in any given year.
8.12.04. "Basement" means any area of the building having its floor subgrade (below ground level) on all sides.
8.12.05. "Development" means any man-made 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 or storage of equipment or materials.
8.12.06. "Existing Construction" means (for the purposes of determining rates) structures for which the "start of
construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRM's
effective before that date. "Existing construction" may also be referred to as "existing structures."
8.12.07. "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.
8.12.08. "Flood" or "Flooding" means a general and temporary condition of partial or complete inundation of
normally dry land areas from:
1. The overflow of inland or tidal waters.
2. The usual and rapid accumulation of runoff of surface waters from any source.
8.12.09. "Flood Fringe" is that area of the floodplain, outside of the floodway, that on the average is likely to be
flooded once every 100 years (i.e., that has a one percent chance of flood occurrence in any one year).
8.12.10. "Flood Insurance Rate Map (FIRM)" means an official map of a community, on which the Flood
Insurance Study has delineated the Flood Hazard Boundaries and the zones establishing insurance rates
applicable to the community.
8.12.11. "Flood Insurance Study" is the official report provided by the Federal Emergency Management Agency.
The report contains flood profiles, as well as the Flood Boundary Floodway Map and the water surface
elevation of the base flood.
8.12.12. "Floodplain" means any land area susceptible to being inundated by water from any source (see definition
of "flooding").
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ARTICLE 8: FLOOD PLAIN REGULATIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 140
8.12.13. "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.
8.12.14. "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.
8.12.15. "Highest Adjacent Grade" means the highest natural elevation of the ground surface prior to construction
next to the proposed walls of a structure.
8.12.16. "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 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.
8.12.17. "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 so
as to render the structure in violation of the applicable non-elevation design requirements of this Resolution.
8.12.18. "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".
8.12.19. "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.
8.12.20. "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.
8.12.21. "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.
8.12.22. "Principally Above Ground" means that at least 51% of the actual cash value of the structure is above
ground.
8.12.23. "Recreational Vehicle" means a vehicle which is (A) built on a single chassis; (B) 400 square feet or less
when measured at the largest horizontal projections; (C) designed to be self-propelled or permanently
towable by a light duty truck; and (D) designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal use.
8.12.24. "Special Flood Hazard Area" is the land in the floodplain within a community subject to one percent or
greater chance of flooding in any given year.
8.12.25. "Start of Construction" [for other than new construction or substantial improvements under the coastal
Barrier Resources Act (Pub. L. 97-348)] includes substantial improvement, and means the date the building
permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition,
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ARTICLE 8: FLOOD PLAIN REGULATIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 141
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.
8.12.26. "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.
8.12.27. "Substantial Damage" means damage of any origin sustained by a structure whereby the cost of restoring
the structure to its before-damaged condition would equal or exceed 50% of the market value of the
structure before the damage occurred.
8.12.28. "Substantial Improvement" means any reconstruction, rehabilitation, addition, or other improvement of a
structure, the cost of which equals or exceeds 50% 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 (A) 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 (B) any alteration of a "historic structure," provided
that the alteration will not preclude the structure's continued designation as a "historic structure."
8.12.29. "Variances" is a grant of relief to a person from the requirements of this Resolution which permits
construction in a manner otherwise prohibited by this Resolution where specific enforcement would result
in unnecessary hardship.
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ARTICLE 9: BOARD OF ADJUSTMENT
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 142
ARTICLE 9: BOARD OF ADJUSTMENT
Section 9.01 Members, Terms, and Meetings
The County Board of Supervisors Commissioners shall appoint a Board of Adjustment which shall consist of
five (5) members, plus one (1) additional member designated as an alternate who shall attend and serve only
when one (1) of the regular members is unable to attend for any reason, each to be appointed for a term of three
(3) years and to be removable for cause by the appointed authority upon written charges and after a public
hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. One
member only of the Board of Zoning Adjustment shall be appointed by the County Board from the county
membership of the Planning Commission, and the loss of membership on the Planning Commission by such
member shall also result in immediate loss of membership on the Board of Zoning Adjustment, and the
appointment of another County Planning Commissioner to the Board of Zoning Adjustment.
The Board of Zoning Adjustment shall adopt rules necessary for the conduct of its affairs and in keeping with the
provisions of this Resolution. 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 absence the Acting Chairman, may administer
oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. 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 with the County Clerk and shall be a public record.
Appeals to the Board of Zoning Adjustment concerning interpretation or administration of this Resolution may
be taken by any person aggrieved or by any officer or bureau of the governing body of the county affected by
any decision of the County Building Inspector. Such appeals shall be taken within ten days after decision of the
County Building Inspector by filing with the County Building Inspector and with the Board of Zoning
Adjustment a notice of appeal specifying the grounds thereof. The County Building Inspector shall forthwith
transmit to the Board all papers constituting the record upon which the action appealed from was taken.
The Board of Zoning Adjustment shall fix a time for the hearing of appeal, give public notice thereof in a
newspaper of general circulation within the county at least one time ten days prior to such hearing, as well as due
notice to the parties in interest, and decide the same within 45 days of the date of filing of an appeal. At the
hearing, any party may appear in person or by agent or attorney.
An appeal stays all proceedings in furtherance of action appealed from, unless the County Building Inspector
from whom the appeal is taken certifies to the Board of Zoning Adjustment after the notice of appeal is filed
with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life
and property. In such case, proceedings shall not be stayed other than by a restraining order which may be
granted by the Board of Zoning Adjustment, or by a court of record on application, on notice to the County
Building Inspector from whom the appeal is taken and on due cause shown.
Section 9.02 Board of Adjustment Powers
The Board of Zoning Adjustment shall, subject to such appropriate conditions and safeguards as may be
established by the County Board, have only the following powers:
8.02.01. To hear and decide appeals where it is alleged by the appellant that there is an error in any order,
requirement, decision or refusal made by an administrative official or agency based on or made in the
enforcement of any zoning regulation, or on regulation relating to the location or soundness of
structures;
8.02.02. Where by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the
time of adoption 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 Resolution 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 any zoning regulations, but no such
variance shall be authorized unless the Board of Zoning Adjustment finds that:
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ARTICLE 9: BOARD OF ADJUSTMENT
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 143
A. the strict application of the Resolution would produce undue hardship;
B. such hardship is not shared generally by other properties in the same zoning district and same
vicinity;
C. 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 the variance; and
D. the granting of such variance is based upon reasons of demonstrable and exceptional hardship
as distinguished from variations for purposes of convenience, profit or caprice.
No variance shall be authorized unless the Board finds 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.
In exercising the above-mentioned powers, the Board may, in conformity with the provisions of this Resolution,
reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as shall be
proper, and to that end shall have the power of the officer or agency from whom the appeal is taken. The
concurring votes 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 9.03 Appeals from the Board of Adjustment
Any person or persons, jointly or severally, aggrieved by any decision of the Board of Zoning Adjustment or any
officer, departments, board or bureau of the county may seek review of such decision by the district court for the
county in the manner provided by the laws of the state and particularly by Chapter 23, Laws of Nebraska.
Section 9.04 Duties of Board of Zoning Adjustment and Others
It is the intent of this Resolution that all questions of interpretation and enforcement shall be first presented to the
County Building Inspector, and that such questions shall be presented to the Board of Zoning Adjustment only
on appeal from the decision of the County Building Inspector, and that recourse from the decision of the Board
of Zoning Adjustment shall be to the courts as provided by law and particularly by Chapter 23, Laws of
Nebraska.
It is further the intent of this Resolution that the duties of the County Board of Supervisors Commissioners, as
such, in connection with this Resolution shall not include hearing and deciding questions of interpretation and
enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and this
Resolution. Under this Resolution, the County Board of Supervisors Commissioners shall have only the duties:
9.04.01 Of considering and adopting or rejecting proposed amendments of the repeal of this Resolution, as
provided by law; and
9.04.02 Of establishing a schedule of fees and charges as adopted by separate resolution.
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ARTICLE 10: AMENDMENTS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 144
ARTICLE 10: AMENDMENTS
Section 10.01 Amendments.
The regulations, restrictions and boundaries set forth in this Resolution may from time to time be amended,
supplemented, changed or repealed, provided however that no such action may be taken until after public
hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. 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.
An amendment may be initiated by the County Board of Supervisors Commissioners by a motion of the Planning
Commission, or by written petition of any property owner addressed to the County Board of Supervisors
Commissioners. The County Board of Supervisors Commissioners shall act on such petitions within 90 days of
receipt. Having once considered a petition, the County Board of Supervisors Commissioners will not consider
substantially the same petition for one year.
All proposed amendments (except those initiated by the Planning Commission) shall be submitted to the
Planning Commission for study and recommendation. The Planning Commission shall study the proposals to
determine:
10.01. The need and justification for the change.
10.02. When pertaining to a change in the district classification of property, the effect of the change, if any, on
the property and on surrounding properties.
10.03. When pertaining to a change in the district classification of property, the amount of undeveloped land in
the general area and in the county having the same district classification as requested.
10.04. The relationship of the proposed amendment to the purposes of the general planning program, with
appropriate consideration as to whether the proposed change will further the purpose of this Resolution
and the Comprehensive Plan.
Within 45 days from the date that any proposed amendment is referred to it (unless a longer period shall have
been established by mutual agreement between the County Board of Super Supervisors Commissioners visors
and the Planning Commission in the particular case), the Planning Commission shall submit its report and
recommendation to the County Board of Supervisors Commissioners. The recommendation of the Planning
Commission shall be advisory only and shall not be binding on the County Board of Supervisors Commissioners.
If the Planning Commission does not submit its report within the prescribed time, the County Board of
Supervisors Commissioners may proceed to act on the amendment without further awaiting the
recommendations of the Planning Commission.
Section 10.02 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 Sections 23-114 to 23-114.05, 23-168.01 to
23-168.04, 23-172, 23-174.02, 23-373, and 23-376, Reissue Revised Statutes of 1943 (in full), or this
Regulation, or any regulation made pursuant to said sections, the appropriate authorities of the County 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.
Section 10.03 Fines and Penalties.
Violation of the provisions of this regulation 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 who violates this regulation or fails to comply with any of its
requirements shall upon conviction thereof be fined not more than $500.00 per offense, with each day resulting
in a separate offense, and in addition, shall pay all costs and expenses involved in the case.
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ARTICLE 11: LEGAL STATUS PROVISIONS
HALL COUNTY, NEBRASKA ZONING RESOLUTION 2004 145
ARTICLE 11: LEGAL STATUS PROVISIONS
Section 11.01 Separability
Each section and provision herein is hereby declared to be independent and, not withstanding any other evidence
of legislative intent, it is hereby declared to be the controlling legislative intent that if any provision herein, or
the application thereof to any person or circumstance is held to be invalid, the remaining sections or provisions,
and the application of such sections and provisions to any person or circumstances other than those to which it is
held invalid, shall not be affected thereby, and it is hereby declared that such sections and provisions would have
been passed independently of such section or provision or application so known to be 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 Resolution.
Section 11.03 Repeal of Conflicting Resolutions
All Resolutions or parts of Resolutions in conflict with this Resolution, or inconsistent with the provisions of this
Resolution, are hereby repealed to the extent necessary to give this Resolution full force and effect.
Section 11.04 Effective Date
This Resolution shall take effect and be in force from and after its passage and publication according to law.
APPROVED AND ADOPTED by the Board of Commissioners of Hall County, Nebraska.
This day of , 2022
(Seal)
ATTEST:
(COUNTY CLERK) (CHAIR, COUNTY BOARD OF COMMISSIONERS)
Grand Island Regular Meeting - 4/6/2022 Page 167 / 236
HALL COUNTY LAND USE MATRIX
LAND USE CATEGORY
A-1 A-2 A-3 AG -
SC
AG -
SE
AG -
SI SRC R-1 R-M HC RC LC LI GI AGV AG-R
AAbrasive, asbestos, & miscellaneous non-metallic mineral
products - manufacturing P P
Abstracting services P
Accounting & bookkeeping services P
Accounting, computing & office machines - manufacturing P
Advertising displays & signs - manufacturing P P
Advertising services, direct mail P
Advertising services, general P
Agricultural, business and personal credit services including
credit union P P
Agricultural chemicals & fertilizers - manufacturing C C P P
Agricultural chemical & fertilizers - wholesale C C P P P
Agricultural fertilizers, hazardous & non hazardous - retail P
Agricultural operations P P P P P P P P P P P P P P P P P
Air conditioning, heating & plumbing contracting services P
Air conditioning, refrigerated equipment & supplies - wholesale P P P
Aircraft & accessories - retail P P
Aircraft storage & equipment maintenance P
Airports & flying fields C C
Alcoholic beverages, beer & wine - wholesale P P
Alteration, pressing & garment repair services P P P
Ambulance servicesAmmunition manufacturing & complete assembly of guided
missiles & space vehicles P P
Ammunition, small arms - manufacturing P P
Amphitheaters C
Amusement, athletic & sporting goods & toys - manufacturing P P
Animal & marine fats & oils including grease & tallow,
rendering - manufacturing C C
Animal hospital services C C C P P C C
Antiques - retail P P
Apiary farms & processing P P P P P P P P P P
Apparel & accessories - manufacturing P P
Apparel & accessories - retail P
Apparel & accessories - wholesale P P
Apparel belts - manufacturing P
Apparel findings & related products - manufacturing P P
Appliances (household) - manufacturing P P
Appliances (household) - retail P
Appliances (electrical), television phonographs, tape players,
radio sets - wholesale P P
Appliance repair services P P
Aquariums P P P
Arboretums & botanical gardens P P P P
Architectural, engineering & planning - professional services P P P P
Arenas & fieldhouses C C C C P P P P C C
Armateur rewinding services P P P
ZONING DISTRICT
P = Permitted Use C = Conditional Use 1
Grand Island Regular Meeting - 4/6/2022 Page 168 / 236
HALL COUNTY LAND USE MATRIX
A-1 A-2 A-3 AG -
SC
AG -
SE
AG -
SI SRC R-1 R-M HC RC LC LI GI AGV AG-R
Armed forces reserve center P
Art galleries, publicly owned P
Artists - painters, sculptors, composers, & authors P P P P P P P P P P P P P
Asbestos, abrasive & miscellaneous non-metallic mineral
products - manufacturing P P
Asphalt felts & coating - manufacturing P P
Asphalt mixing plants C C C C C C C
Athletic, amusement & sporting goods & toys - manufacturing P P
Athletic field or playfield C C C C C C P P P P P P C C C
Auditing, accounting & bookkeeping services P
Auditoriums, public P P P
Automatic temperature controls - manufacturing P PAutomobile & other motor vehicle & equipment -
manufacturing P P
Automobile & other motor vehicle repair services P P P P P
Automobile & other motor vehicles - retail P P P
Automobile & other motor vehicles - wholesale P P
Automobile & truck rental services P P P
Automobile equipment - wholesale P P
Automobile parts & supplies - retail P
Automobile wash services P P P
B
Bags except textile bags - manufacturing P P P
Bait shops P P
Bakeries non-manufacturing - retail P
Banking services P P
Barber services P P
Batch Plants - temporary C C C P C C C C C C
Beauty services P P
Bed and breakfast residence C C C C C C
Beer, wine & alcoholic beverages - wholesale P P P
Bicycles - retail P
Biological products - manufacturing P P
Blacksmith & welding services P P P P P P P P P
Blankbooks, loose leaf binders & devices-manuf. of P P
Blast furnaces, steel works & rolling of ferrous metals C C
Blueprinting & photocopying services P
Boarding & rooming houses C
Boat building & repair services P P P
Boat sales, service and rentals P P P
Boat building & repair, fiberglass P P P
Bookbinding & misc. related work - manufacturing P P P
Bookkeeping, auditing & accounting services P
Books, magazines & newspapers distributing - wholesale P P P
Books - publishing & printing P P P
Books - retail P P P
Boot & shoe cut stock & findings - manufacturing P P P
Botanical gardens & arboretums P P P C P P
Bottled gas - retail P P P P
Bottling & canning soft drinks & carbonated waters P P P
Bowling alleys P
P = Permitted Use C = Conditional Use 2
Grand Island Regular Meeting - 4/6/2022 Page 169 / 236
HALL COUNTY LAND USE MATRIX
A-1 A-2 A-3 AG -
SC
AG -
SE
AG -
SI SRC R-1 R-M HC RC LC LI GI AGV AG-R
Boxes and paperboard containers - manufacturing P P P
Brandy, brandy spirits & wine - manufacturing C C C C C P P P C C
Brick & structural clay tile manufacturing P P P
Brooms & brushes - manufacturing P P P
Building construction - general contracting services C P
Building materials - retail P P
Building materials & lumber - wholesale P
Building paper & building board - manufacturing P P
Bulk petroleum stations & terminals - wholesale C C P C C
Bus garaging & equipment maintenance P P
Business & management consulting services P P
Business offices not elsewhere listed P P
Business associations P
Business forms - manufacturing P P
Butter - manufacturing P P P
C
Cabinet making - manufacturing P P P
Cable TV maintenance yard P P
Cameras & photographic supplies - retail P P
Camp grounds, general C C C P P C C C C
Camp grounds, group C C C P P C C C C
Candy & other confectionery products - manufacturing P P P
Candy, nut, & confectionery - retail P P P
Canes, parasols & umbrellas - manufacturing P P P
Canning & preserving of fruits, vegetables & seafood's -
manufacturing P P P
Canvas products - manufacturing P P P
Carbon black - manufacturing C C
Cardboard, paperboard & die-cut paper - manufacturing P P P
Carpentry & wood flooring services P
Carpet & rug cleaning & repair service P
Carpet & rug - manufacturing P P P
Cement (hydraulic) - manufacturing C C C
Cemeteries P
Ceramic wall & floor tile - manufacturing P P P
Cereal preparations - manufacturing P P P
Charitable & welfare services C
Cheese (natural & processed) - manufacturing P P P
Chemicals & fertilizers -mining C C C C C C
Chemicals, agricultural, nonhazardous, wholesale C C C C P P C C
Chemicals, industrial, nonhazardous, wholesale C C C
Chemicals, industrial organic & inorganic - manufacturing C C C
Chiropractors, optometrists, & other similar health services P P P
Churches , synagogues & temples C C C P P P P C C
Cigarettes & cigars - manufacturing P P
Civic, social & fraternal associations P P P
Civil Defense & related activities P P P
Clay, ceramic & refractory minerals - mining C C C C C C C C C C
Clay refractories - manufacturing P P P
Clock, watch & jewelry repair services P P P
Clocks, watches, clockwork operated devices & parts -
manufacturing P P P
P = Permitted Use C = Conditional Use 3
Grand Island Regular Meeting - 4/6/2022 Page 170 / 236
HALL COUNTY LAND USE MATRIX
A-1 A-2 A-3 AG -
SC
AG -
SE
AG -
SI SRC R-1 R-M HC RC LC LI GI AGV AG-R
Commercial & industrial machinery, equipment & supplies -
wholesale P P
Commodity & securities brokers, dealers & exchanges &
services P P
Communication equipment - manufacturing P P P
Composting plants C C
Concrete brick & block - manufacturing P C P
Concrete products - manufacturing P C P
Concrete, ready-mix plants P C P
Concrete construction & paving services P P P
Confectionery, nut & candy - retail P P
Confectionery - wholesale P P P
Construction & lumber materials - wholesale P PConstruction, mining, & materials handling machinery &
equipment - manufacturing P P P
Construction equipment - retail P P
Construction services - temporary C C C
Convalescent,, nursing & rest home services C
Convents P
Convenience store P P P P P
Cosmetics, perfumes, & other toiletries - manufacturing P P
Cottage services
Country club C P P
Crating & packing services P P P
Credit reporting, adjustment & collection services P P
Credit unions & agricultural, business & personal credit
services P P
Crematory, funeral & mortuary services C P
Curtains, draperies & upholstery - retail
Cut stone & stone products - manufacturing P P
D
Dairy products - retail P P P P P
Dairy products - wholesale P P
Day care centers C P P P P
Dental equipment & supplies - manufacturing P P P
Dental laboratory services P
Dental services P P P
Department stores - retail P P
Detective & protective services P
Diaper services P P
Direct mail advertising services P
Direct selling organizations - retail P
Discount & variety stores - retail P P
Disinfecting & exterminating services C P P
Disposal site - commercial construction C C C C C C C C
Disposal site - hazardous waste C C C C
Disposal site - nuclear waste C C P C
Distilling, rectifying, & blending liquors P P
Dormitories, college P
Draperies, curtains & upholstery - retail P PDrawing, rolling & extrusion of non-ferrous metals -
manufacturing P P
P = Permitted Use C = Conditional Use 4
Grand Island Regular Meeting - 4/6/2022 Page 171 / 236
HALL COUNTY LAND USE MATRIX
A-1 A-2 A-3 AG -
SC
AG -
SE
AG -
SI SRC R-1 R-M HC RC LC LI GI AGV AG-R
Drug & proprietary - retail P
Drugs, drug proprietaries, & druggist sundries - wholesale P P
Dry cleaning & laundering pickup services P P
Dry cleaning & laundering, self service P P P
Dry cleaning, laundering & dyeing services, except rugs P P
Dry goods & general merchandise - retail P P
Dry goods & notions - wholesale P P
Dude ranches C C C C C
Duplicating, mailing, & stenographic services P P
Dwelling, elderly P
Dwelling, in nonresidential structure
Dwelling, mobile home not on permanent foundation P P P P P P
Dwelling, mobile home on permanent foundation P P P P P P
Dwelling, multi-family P
Dwelling, single-family P P P P P P
Dwelling, seasonal P P P P P P
Dwelling, two-family P
Dyeing & finishing of textiles P
Dyeing, dry cleaning & laundry services, except rugs P P
E
Earthenware, table & kitchen articles - manufacturing P P
Educational & scientific research services P P
Egg & poultry - retail P P PElectrical apparatus & equipment, wiring supplies, &
construction materials - wholesale P
Electrical contractor services P
Electrical appliances, phonographs, televisions, tape players &
radio sets - wholesale P P
Electrical industrial apparatus - manufacturing P P
Electrical repair services, except radio & television P P
Electrical supplies - retail P
Electrical transmission & distribution equipment -
manufacturing P P
Electric generation plants (Including Commercial Solar)C C C C C C C C C C
Electric utility maintenance yard C C C C P P C C
Electricity regulating substations P P P P P P P P P P P
Electric lighting & wiring equipment - manufacturing P P P
Electrometallurgical products & processing - manufacturing P P
Electronic components & accessories - manufacturing P P
Electronic parts & equipment - wholesale P P
Electrotyping and stereotyping P P
Employment services P
Engineering, planning architectural professional services P P P
Engineering, laboratory, & scientific & research instruments &
associated equipment - manufactured P P
Engines & turbines - manufacturing P P
Envelope - manufacturing P P
Equipment & supplies for service establishments - wholesale P P
Equipment rental & leasing services P P
Ethanol plants & mills C C C C C C
Exhibition halls P C
Explosives - manufacturing C C
P = Permitted Use C = Conditional Use 5
Grand Island Regular Meeting - 4/6/2022 Page 172 / 236
HALL COUNTY LAND USE MATRIX
A-1 A-2 A-3 AG -
SC
AG -
SE
AG -
SI SRC R-1 R-M HC RC LC LI GI AGV AG-R
Exterminating
Extracts & flavoring syrups - manufacturing P P
Extrusion, drawing, & rolling of non-ferrous metals -
manufacturing P P
F
Fabricated structural metal products - manufacturing P P
Fabricated wire products - manufacturing P P
Fairgrounds C C C P C C
Farm machinery & equipment - retail C C C P P P C C
Farm machinery & equipment - manufacturing P P P
Farm machinery & equipment - wholesale P P P
Farm products warehousing & storage excluding stockyards -
nonhazardous P P P P P P P P
Farm supplies - retail P P P
Farms & ranches - livestock other than dairy P P P P P P P P P P
Farms, commercial forestry P P P P P P P P P P P P P
Farms, dairy P/C P/C P/C P/C P/C P/C
Farms, grain crops P P P P P P P P P P P P P P
Farms, hay & alfalfa P P P P P P P P P P P P P P
Farms, fiber crops P P P P P P P P P P P P P P
Farms, fruits, nuts or vegetables P P P P P P P P P P P P P
Farms, nursery stock P P P P P P P P P P P P P P
Feeding operation - confined C C C C C C C C C
Feed preparation for animals & fowls P P P P P P P P
Feeds, grains & hay - retail P P P P P P P P P P
Felt goods - manufacturing P P P
Fertilizers, agricultural hazardous - retail C C C C
Fertilizers, agricultural nonhazardous - retail C C C P
Fertilizers & chemicals - mining C C C C C C C C C C
Fieldhouses & arenas C C C P P P C C
Fire protection & related activities (Public)P P P P P P P P P P P P P P P P
Fish & seafood's - retail P P
Fish & seafood's - wholesale P P
Fish farms P P P P P P P P P P C P
Fish hatcheries P P P P P P P P P P C P
Fishing & hunting clubs P P P P P C P P P P P P P
Flat glass - manufacturing P P P
Floor covering - retail
Florists - retail P
Flour & other grain mill products - manufacturing P P P
Flour blending & preparing - manufacturing P P P
Food lockers & storage services P P
Foundries, iron & steel - manufacturing P P
Foundries, nonferrous metals - manufacturing P P
Fraternal, civic & social associations C
Fraternity & sorority houses
Freight forwarding services P P P
Frozen desserts & ice cream - manufacturing P P P
Fruits & vegetables (fresh) - wholesale P P P
Fruits & vegetables - retail P P P
Fuel, except fuel oil & bottled gas - retail P P P P
Fuel oil - retail P P P
P = Permitted Use C = Conditional Use 6
Grand Island Regular Meeting - 4/6/2022 Page 173 / 236
HALL COUNTY LAND USE MATRIX
A-1 A-2 A-3 AG -
SC
AG -
SE
AG -
SI SRC R-1 R-M HC RC LC LI GI AGV AG-R
Funeral, mortuary & crematory services C P
Fur dressing & dyeing - manufacturing P P
Fur goods - manufacturing P P
Fur repair & storage services P P
Furniture & home furnishings - wholesale P P
Furniture (household) - manufacturing P P P
Furniture - retail P
Furniture repair & reupholstery services P P
Furies & fur apparel - retail P
Furs (raw), hides & skins - wholesale P P
G
Garden supplies & landscape nursery - retail P P P P
Garment repair, alteration & pressing services P P P
Gas & petroleum (crude) drilling C C C C C C C C C
Gas & petroleum (crude) field services C C C P P
Gasoline service stations - retail P P P P
Gas pressure control stations P P P P P P P P P P P P
Gas & ethanol production plants C C C C C
Gas storage & distribution points C C C C
Gas utility maintenance yard C C C P P P C C
Gelatin & glue - manufacturing C C
General contracting & building construction services P P
General stores - retail P
Gifts, novelties & souvenirs - retail P P P
Glass & glassware, pressed or blown - manufacturing P P
Glass containers - manufacturing P P
Glass, flat - manufacturing P P
Glass, paint & wallpaper - retail
Glue & gelatin - manufacturing C C
Go-cart tracks C C C C C
Golf courses, public P P P P P C C C P P
Golf driving ranges P P P P P C C C P P
Gravel & sand quarrying C C C C C C C C C C C C C C C C
Grain - wholesale P P P P P P P P
Grains, feeds & hay - retail P P P P P P P P
Grain mill products & flour - manufacturing C C C P P P C C
Greases & lubricating oils - manufacturing P C P
Green houses P P P P P P P P P P P P P
Greeting card - manufacturing P P P
Grist milling services P P P
Groceries - retail P P P
Groceries - wholesale P P P
Group Home (Small)P P P P P P
Group Home (Medium)P
Group Home (Large)C
Gum and wood chemicals - manufacturing C C C
Guns, howitzers, mortars & re. equipment - manufacturing C C
Gymnasiums & athletic clubs C P P
Gypsum products - manufacturing P P P
H
Handbags & other personal leather goods - manufacturing P P P
P = Permitted Use C = Conditional Use 7
Grand Island Regular Meeting - 4/6/2022 Page 174 / 236
HALL COUNTY LAND USE MATRIX
A-1 A-2 A-3 AG -
SC
AG -
SE
AG -
SI SRC R-1 R-M HC RC LC LI GI AGV AG-R
Hardware - retail P P P
Hardware - wholesale P P P
Hardwood dimension & flooring - manufacturing P P P
Harvesting services P P P P
Hats, caps, & millinery - manufacturing P P P
Hay, grains & feeds - retail P P P P P P P P P P P
Health resorts
Health & exercise spas P C
Hearing aids, optical goods, orthopedic appliances & other
similar devices - retailHeating, air conditioning & plumbing contracting services P P
Heating & plumbing equipment & supplies - retail P
Heating apparatus (except electrical) and plumbing fixtures -
manufacturing P P P
Heliport pads P P P P P P P P P
Hides, skins, & raw furs - wholesale P P
Historic & monument sites P P P P P P P P P P P P
Hobby supplies - retail P
Holding & investment services P
Hospital services P P
Hotels, tourist courts, & motels P P P P P P
House Furnishings, textile (except curtains & draperies) -
manufacturing P P P
Household appliances - retail P P
Hunting & fishing clubs P P P C C P P P P
I
Ice cream & frozen desserts - manufacturing P P P
Ice - manufacturing P P P
Ice - retail P P P P P
Ice skating rinks, indoor P P
Industrial laundry & lien supply services P P P
Industrial leather belting & packing - manufacturing P P P
Industrial & commercial machinery, equipment & supplies -
wholesale P P P
Industrial machinery equipment - manufacturing P P P
Industrial waste disposal C C
Instruments for mechanical measuring & controlling except
automatic temperature controls - manufacturing P P P
Insurance agents & brokers services P P
Insurance carriers P P
Internet service P
Investment & holding services P P
J
Janitorial services
Jewelry & precious metals - manufacturing P P P
Jewelry - retail P P
Jewelry, watch & clock repair services P
K
Kennels-commercial C C C C C C C C C
Kennels-private P P P C C P P
P = Permitted Use C = Conditional Use 8
Grand Island Regular Meeting - 4/6/2022 Page 175 / 236
HALL COUNTY LAND USE MATRIX
A-1 A-2 A-3 AG -
SC
AG -
SE
AG -
SI SRC R-1 R-M HC RC LC LI GI AGV AG-R
Knit goods - manufacturing P P
L
Labor unions & similar labor organizations
Lace goods - manufacturing P P P
Lamp shades - manufacturing P P P
Landscape contracting services P P P P P P P P
Landscape nursery & garden supplies - retail P P P P P P P P
Lapidary work P P
Laundering & dry cleaning pickup service P P P
Laundering & dry cleaning, self-service P P P
Laundering, dry cleaning & dyeing services, except rugs P P
Lawn care - services P P P P P P P P
Leather & fleece lined clothing - manufacturing P P P
Leather gloves & mittens - manufacturing P P P
Leather tanning & finishing - manufacturing C C C
Legal services P
Libraries P P P P P P P
Lime products - manufacturing C P C
Linen supply & industrial laundry services P P PLinoleum, asphalt-felt-base, and other hard surface floor cover -
manufacturing P P
Liquid petroleum gas - wholesale P C P C C
Liquor - retail P P P
Livestock feeding operations C C C C C C C C C
Livestock-wholesale P P
Locksmith services P P P P
Lubricating oils & greases - manufacturing P C P
Luggage - manufacturing P P P
Lumber & building materials - wholesale P
Lumber yards - retail P
P P
M
Machine shop - manufacturing P P P
Magazines & newspapers - retail P P P
Magazines, books, & newspapers distributing - wholesale P
Mail order houses - retail P
Mailing, duplicating, & stenographic services P
Malt liquors - manufacturing P P P
Management & business consulting services P
Masonry, stonework, tile setting & plastering services P
Massage services
Matches - manufacturing C C
Mausoleums C
Meat & meat packing products - wholesale P P
Meat packing - manufacturing C C
Meats - retail P P
Medical & surgical instruments & apparatus - manufacturing P P P
Medical clinics, out-patient services P P
Medical laboratory services
Medical chemicals - manufacturing C C C
Metal cans - manufacturing P P P
P = Permitted Use C = Conditional Use 9
Grand Island Regular Meeting - 4/6/2022 Page 176 / 236
HALL COUNTY LAND USE MATRIX
A-1 A-2 A-3 AG -
SC
AG -
SE
AG -
SI SRC R-1 R-M HC RC LC LI GI AGV AG-R
Metal coating, engraving, and allied services - manufacturing P P P
Metal mining services P P
Metal ore mining C C C C C C
Metal products, fabricated structural - manufacturing P PMetals & minerals, except petroleum products & scrap -
wholesale P P
Metals, nonferrous, rolling, drawing, & extrusion -
manufacturing P P
Metal stamping - manufacturing P P
Metal working machinery & equipment - manufacturing P P
Millwork - manufacturing P P P
Milk processing, fluid only P
Miniature golf P P P
Mining C C C C C C C C C C C
Mobile home parks C
Mobile homes - manufacturing P P P
Mobile homes not on permanent foundation P P P P P P
Manufactured homes on permanent foundation P P P P P P P
Mobile homes & accessories - retail P P P
Monasteries P P
Monuments - retail P P P
Mortician's goods - manufacturing P P P
Motels, hotels, & tourist courts P P P
Motion picture distribution services P P
Motion picture production studios P P
Motorcycle & bicycle sales, rental & service P
Motor freight garaging & equipment maintenance P C C C P
Motor freight terminals C C C
Mortuary, funeral & crematory services C P
Museums C C P P
Musical instruments & supplies - retail
Musical instruments & parts - manufacturing P
N
Newspaper & magazines - retail P P
Newspapers, books & magazines distribution - wholesale P P
Newspapers publishing & printing P P
News syndicate services P
Nonmetallic mining, except fuel - services C C C P P P C C
Noodles, macaroni, spaghetti & vermicelli - manufacturing P P P
Notions, dry goods - wholesale P P P
Novelties, gifts & souvenirs - reail P P P
Nursery stock farms P P P P P P P P P P P P
Nursing, convalescent & rest home services
Nuts, bolts, screws, rivets, & washers, & screw machine
products - manufacturing P P P
OOffice & store fixtures, partitions, shelving, & lockers -
manufacturing P P P
Office, computing & accounting machines - manufacturing P P P
Office furniture - manufacturing P P P
P = Permitted Use C = Conditional Use 10
Grand Island Regular Meeting - 4/6/2022 Page 177 / 236
HALL COUNTY LAND USE MATRIX
A-1 A-2 A-3 AG -
SC
AG -
SE
AG -
SI SRC R-1 R-M HC RC LC LI GI AGV AG-R
Oilcloth, plastic fabric & vinyl products - manufacturing C C
Ophthalmic goods - manufacturing P P POptical goods, hearing aids, orthopedic appliances & other
similar devices - retail
Optical instruments & lenses - manufacturing P P P
Optometrists, chiropractors & other similar health services
Ornamental iron works - manufacturing P P P
OrphanagesOrthopedic, prosthetic & surgical appliances & supplies -
manufacturing P P P
Outdoor advertising services P P P P P
P
Packing & crating services P P
Padding & upholstery filling - manufacturing P
Paint, glass, & wallpaper - retail
Painting & paper hanging services P P
Paints, varnishes, lacquers, enamels, and allied products -
manufactured P P
Paper & paper products - wholesale P P
Paperbound containers & boxes - manufacturing P P
Paperboard - manufacturing P P
Paper coating & glazing - manufacturing P P
Paper, except building paper - manufacturing P P
Paper hanging & painting services P P
Parasols, umbrellas & canes - manufacturing P P
Parks, public P P P P P P P P P P P P
Partitions, shelving, lockers & office & store fixtures -
manufacturing P P P
Paunch manure - application, incorporation, stockpiling,
disposal C C C C C
Periodicals, publishing & printing P P P
Petroleum bulk stations & terminal - wholesale C C C
Petroleum pipeline R/W P P P P P P P P P P P P
Petroleum pressure control stations P P P P P P P P P P P P
Petroleum (crude) & gas field services P P P P P
Petroleum (crude) & natural gas drilling C C C C
Petroleum refining C C
Pets & pet grooming - retail P P
Pharmaceutical preparations - manufacturing P P
Photocopying & blue printing services P
Photoengraving P
Photofinishing services P
Photographic equipment & supplies - manufacturing P P P
Photographic studios & services P
Photographic supplies & cameras - retail P
Physicians' services P
Planetarium P P
Planing mills, general - manufacturing P P P
Planning, architectural & engineering professional services P P P
Plastering, masonry, stone work & tile setting services P P
Plastic fabric, vinyl products & oilcloth - manufacturing C
P = Permitted Use C = Conditional Use 11
Grand Island Regular Meeting - 4/6/2022 Page 178 / 236
HALL COUNTY LAND USE MATRIX
A-1 A-2 A-3 AG -
SC
AG -
SE
AG -
SI SRC R-1 R-M HC RC LC LI GI AGV AG-R
Plastic materials & synthetic resins, synthetic rubber, synthetic
& other manmad materials - manufacturing P
Plastic products - manufacturing C P
Playfields & athletic fields C C C P P C C
Playgrounds P P P P P P P
Play lot or tot lot P P
Pleating, decorative & novelty stitching & tucking for the trade -
manufacturing P P
Plumbing & heating equipment & supplies - retailPlumbing fixtures & heating apparatus (except electrical) -
manufacturing P P
Plumbing, heating, & air conditioning contracting services P P
Plywood & veneer - manufacturing P
Porcelain electrical supplies - manufacturing P
Pottery - manufacturing P
Poultry & eggs - retail P P P
Poultry & poultry products - wholesale P P P P P
Poultry & small game dressing & packing P
Poultry hatchery services P P P P P P P P P
Prefabricating wooden buildings & structural members -
manufacturing P
Preserving & canning of fruits, vegetables & seafood's -
manufacturing P
Pressed & molded pulp goods - manufacturing P
Pressing, alteration & garment repair services P P P
Primary smelting & refining of nonferrous metals -
manufacturing C
Printing ink - manufacturing P
Printing, commercial P P
Printing & publishing of books P P
Printing & publishing of newspapers P P
Printing & publishing of periodicals P P
Private Prisons C C C C
Private clubs P
Processing waste & recovering fibers & flock - manufacturing C
Professional equipment & supplies - wholesale P P
Professional membership organizations
Professional offices not elsewhere listed
Pulp - manufacturing C
Q
Quarrying, gravel, sand & dirt C C C C C C C C C C C C C C
Quarrying, stone C C C C C C C C C C C C C C
R
Race tracks & courses - animals C C
Race tracks & courses - vehicle C C C C C C C C
Radioactive materials processing & storage - manufacturing C C
Radioactive waste materials disposal C C C C
Radio broadcasting studiosRadios, television, phonographs, recorders & tape players -
manufacturing P P
P = Permitted Use C = Conditional Use 12
Grand Island Regular Meeting - 4/6/2022 Page 179 / 236
HALL COUNTY LAND USE MATRIX
A-1 A-2 A-3 AG -
SC
AG -
SE
AG -
SI SRC R-1 R-M HC RC LC LI GI AGV AG-R
Radios, televisions, phonographs, recorders, & tape players
repair services
Radios, televisions, phonographs, recorders & tape players -
retail
Radio transmitting stations & towers C C C C C C C C C C C C C
Railroad equipment & maintenance yard P P P P
Railroad - equipment - manufacturing P P P
Railroad freight terminals P P P
Railroad passenger terminals P P P P
Railroad right-of-way P P P P P P P P P P P P P P
Railroad switching yards P P
Raincoats & other waterproof outer garments - manufacturing P P
Ranches P P P P P P P P P P
Real estate agents, brokers & management services
Reclaiming rubber C C
Recreational vehicles & equipment - manufacturing P P
Recreational vehicles & equipment - retail P P P P P
Recreation centers P P
Rectories
Recycling center C C
Refining & smelting (primary) of nonferrous metals C C
Refining of petroleum C
Refrigerated warehousing (except food lockers)P P P P
Refuse incineration C C
Religious camps & retreats C C C C P P C C
Research, development & testing services P P P
Resorts (general)C C C P P C P
Rest, nursing, & convalescent home services
Restaurants P P
Restaurants, drive-in P P
Retirement homes
Reupholstery & furniture repair services P P
Rice milling P P P
Riding stables & acadamies C C C P P P P C C
Roadside stands offering agricultural products for sale on the
premises P P P P P P P P P P P P P
Roller skating rinks - indoor P
Rolling, drawing, & extrusion of nonferrous metals -
manufacturing P P
Rolling of ferrous metals, blast furnaces & steel works C C
Roofing & sheet metal contracting services P P
Rooming & boarding houses
Rubber footwear - manufacturing P P
Rug & carpet cleaning & repair services P
Rug & carpet - manufacturing P P
S
Salvage yard C
Sand & gravel quarrying C C C C C C C C C C C C C C
Sanitary landfill C C C C
Sanitary paper products - manufacturing P P
Sausages & other prepared meat products - manufacturing P P P
P = Permitted Use C = Conditional Use 13
Grand Island Regular Meeting - 4/6/2022 Page 180 / 236
HALL COUNTY LAND USE MATRIX
A-1 A-2 A-3 AG -
SC
AG -
SE
AG -
SI SRC R-1 R-M HC RC LC LI GI AGV AG-R
Savings & loan associations P
Sawmills, general - manufacturing C C C P P C C
Schools, art
Schools, barber
Schools, beauty
Schools, business
Schools, colleges P P P P P
Schools, computer
Schools, correspondence
Schools, dancing
Schools, day care P
Schools, driving
Schools, junior college P P P P P
Schools, music
Schools, nursery
Schools, pre-primary P P P P P
Schools, primary P P P P P
Schools, professional P P P P P
Schools, secondary P P P P P
Schools, stenographic
Schools, technical P P P P P
Schools, trade P
Schools, universities P P P P P
Schools, vocational P P P P P
Scientific & educational research services
Scrap & waste materials, nonmetallic - wholesale C C
Screw machine products & bolts, nuts, screws, rivets, &
washers - manufacturing P P
Secondary smelting & refining of nonferrous metals -
manufacturing C C
Second hand merchandise - retail
Seed treating P P P P P P P P P P
Seed and feed sales P P P P P P P P P P P P
Sewage sludge drying beds C C C C C C
Sewage treatment facilities C C C C C C C C C C C C C
Shades & venetian blinds - manufacturing P P
Sheet metal & roofing contracting services P PShelving, partitions, lockers, & office & store fixture -
manufacturing P P
Shoe repair, shoe shining, & hat cleaning services P P
Shoes - manufacturing P P
Shoes - retail P
Shoes - wholesale P P PShortening, table oils, margarine, & other edible fats & oils -
manufacturing P P
Signs & advertising displays - manufacturing P P
Silverware & plated ware - manufacturing P P
Skeet & trap shooting ranges C C C C C P C C
Sludge, municipal waste - application, incorporation,
stockpiling, disposal C C C C C C C C
Smelting & refining (primary) of nonferrous metals C C
Smelting & refining (secondary) of nonferrous metals C C
P = Permitted Use C = Conditional Use 14
Grand Island Regular Meeting - 4/6/2022 Page 181 / 236
HALL COUNTY LAND USE MATRIX
A-1 A-2 A-3 AG -
SC
AG -
SE
AG -
SI SRC R-1 R-M HC RC LC LI GI AGV AG-R
Soaps & detergents (except specialty cleaners) - manufacturing P P
Social, civic & fraternal associations
Social correctional, treatment & counseling services P P
Solid waste transfer stations C C C C C
Sorority & fraternity houses
Souvenirs, gifts, novelties - retail P P
Soybean oil milling C C C C C P P C C
Sporting, toys, amusement & athletic goods - manufacturing P P
Sporting goods - retail P
Stadiums C
Stationery - retail P
Steel pipe & tubes - manufacturing P P
Steel wire drawing, steel nails & spikes - manufacturing P P
Steel works, blast furnaces & the rolling of ferrous metals C C
Stenographic, duplicating, & mailing services
Stock yards C C C C C C C C C
Stone products & cut stone - manufacturing P P P
Stone - quarrying C C C C C C C C C C C C C
Stone work, masonry, title setting, & plastering services P P
Storage - mini P C P P
Storage & warehousing of nonhazardous products P P P
Storage & warehousing of hazardous products C P C
Storage & warehousing of household goods P P PStore & office fixtures, lockers, partitions & shelving -
manufacturing P P
Sugar refining - manufacturing C C C C C C C C C
Surgical & medical instruments & apparatus - manufacturing P P
Swimming clubs
Synagogues, churches, & temples P P P P
Synthetic, resins, synthetic rubber, plastic materials, synthetic &
other manmade fibers (except glass) - manufacturing C C
T
Tailoring (custom)P
Taverns P P P
Taxcicab dispatch P P
Taxicab garaging & maintenance
Telegraph communications
Telephone business office
Telephone exchange stations P P P P P P P P P P P
Telephone maintenance yard P P P P P P P P P P P
Telephone relay towers (microwave)C C C C C C C C C C C C C C
Television broadcasting studios P P
Television, radios, phonographs, recorders & tape players -
manufacturing P P
Television, radios, phonographs, recorders & tape players repair
servicesTelevision, radios, phonographs, recorders, & tape players -
retail
Television transmitting stations & relay towers C C C C C C C C C C C C C C
Temples, churches, & synagogues C C C C P P P P C C
P = Permitted Use C = Conditional Use 15
Grand Island Regular Meeting - 4/6/2022 Page 182 / 236
HALL COUNTY LAND USE MATRIX
A-1 A-2 A-3 AG -
SC
AG -
SE
AG -
SI SRC R-1 R-M HC RC LC LI GI AGV AG-R
Tennis clubs P P
Textile bags - manufacturing P P
Testing, research, & development services P P P
Theaters, legitimate P
Theaters, motion picture, indoor P
Theaters, motion picture, outdoor P
Threads & yarns - manufacturing P P
Tile setting, masonry, plastering & stone work services P P
Tire cord & fabric - manufacturing P P
Tire & inner tubes - manufacturing C C
Tires & inner tubes - wholesale P P
Title abstracting services
Tobacco & tobacco products - wholesale P P
Tobacco & snuff - manufacturing P P
Tobacco leaf - wholesale P P
Tobacco stemming & redrying C C
Tot lot or play lot P P P P
Tourist courts, hotels, & motels P P P
Toys, amusement, sporting & athletic goods - manufacturing P P P
Transportation equipment and supplies (except motor vehicles)P P P
Trap & skeet shooting ranges C C C C P C C
Travel arranging services P
Truck & automobile rental services P P P
Truck wash services C C C P P P P P P C C
Turbines & engines - manufacturing P P
U
Utility substations, pumping station, water reservoir &
telephone exchange P P P P P P P P P P P P P P P P
Upholstery, draperies, & curtains - retail
Upholstery filling & padding - manufacturing P P
V
Variety & discount stores - retail
Vegetable oil milling (except cottonseed & soybean)C C C P P C C
Veneer & plywood - manufacturing P P
Vending machine operations - retail P P P P P
Venetian blinds & shades - manufacturing P P
Veterinarian services C C C C P P C C C
Vinyl products, plastic fabric & oilcloth - manufacturing P C PVitreous china plumbing fixtures, china, earthward fillings &
bathroom accessories - manufacturing P P
Vitreous china, table & kitchen articles - manufacturing P P
W
Wallpaper - manufacturing P P
Wallpaper, paint & glass - retail
Warehousing & storage of hazardous products C C C
Warehousing & storage of nonhazardous products P P P
Warehousing & storage of household goods P P P
Watch, clock, & jewelry repair services
P = Permitted Use C = Conditional Use 16
Grand Island Regular Meeting - 4/6/2022 Page 183 / 236
HALL COUNTY LAND USE MATRIX
A-1 A-2 A-3 AG -
SC
AG -
SE
AG -
SI SRC R-1 R-M HC RC LC LI GI AGV AG-R
Watches, clocks, clock work operated devices & parts -
manufacturing P P
Water well drilling services P P P P P P P P P
Welding & blacksmith services P P P P P P P P P
Welfare & charitable services P P
Wet corn milling C C C P P C C
Wind energy installation C C C C C C C C C C
Wine, beer, & alcoholic beverages - wholesale P P
Wine, brandy, & brandy spirits - manufacturing C C C P P P C C
Wire products (fabricated) - manufacturing P P
Wooden containers - manufacturing P P
Wool preserving - manufacturing C C C P P C C
Wool & mohair - wholesale P P
Worm farms P P P P P P P P P P P P P P P
Y
Yarn & threads - manufacturing P P
Z
Zoos P P P
P = Permitted Use C = Conditional Use 17
Grand Island Regular Meeting - 4/6/2022 Page 184 / 236
Hall County Zoning Resolution Appendix B
Grand Island Regular Meeting - 4/6/2022 Page 185 / 236
Hall County Zoning Resolution Appendix B
Grand Island Regular Meeting - 4/6/2022 Page 186 / 236
Hall County Zoning Resolution Appendix B
Grand Island Regular Meeting - 4/6/2022 Page 187 / 236
Hall County Zoning Resolution Appendix B
Grand Island Regular Meeting - 4/6/2022 Page 188 / 236
Hall County Zoning Resolution Appendix B
Grand Island Regular Meeting - 4/6/2022 Page 189 / 236
Hall County Regional Planning
Commission
Wednesday, April 6, 2022
Regular Meeting
Item F2
Public Hearing - Proposed Rezoning - Grand Island - Copper
Creek
Staff Contact:
Grand Island Regular Meeting - 4/6/2022 Page 190 / 236
APPLICATION FOR REZONING OR ZONING ORDINANCE CHANGE
Regional Planning Commission
Check Appropriate Location: RPC Filing Fee City of Grand Island and 2 mile zoning jurisdiction (see reverse side) Alda, Cairo, Doniphan, Wood River and 1 mile zoning jurisdiction plus Municipal Fee* $50.00
Hall County *applicable only in Alda, Doniphan, Wood River
A. Applicant/Registered Owner Information (please print):
Applicant Name Phone (h) (w)
Applicant Address
Registered Property Owner (if different from applicant)
Address Phone (h) (w)
B. Description of Land Subject of a Requested Zoning Change:
Property Address
Legal Description: (provide copy of deed description of property)
Lot Block Subdivision Name , and/or
All/Part ¼ of Section TWP RGE W6PM
C. Requested Zoning Change: 1. Property Rezoning (yes ) (no )
(provide a properly scaled map of property to be rezoned) From to
2. Amendment to Specific Section/Text of Zoning Ordinance (yes ) (no )
(describe nature of requested change to text of Zoning Ordinance)
D. Reasons in Support of Requested Rezoning or Zoning Ordinance Change:
NOTE: This application shall not be deemed complete unless the following is provided:
1. Evidence that proper filing fee has been submitted. 2. A properly scaled map of the property to be rezoned (if applicable), and copy of deed description. 3. The names, addresses and locations of all property owners immediately adjacent to, or within, 300 feet of the perimeter of the property to be rezoned (if the property is bounded by a street, the 300 feet shall begin across the street from the property to be rezoned). 4. Acknowledgement that the undersigned is/are the owner(s), or person authorized by the owner(s) of record title of any property which is requested to be rezoned: *A public hearing will be held for this request*
Signature of Owner or Authorized Person Date
Note: Please submit a copy of this application, all attachments plus any applicable municipal filing fee to the appropriate Municipal Clerk’s Office. RPC filing fee must be submitted separately to the Hall County Treasurer’s Office (unless application is in Grand Island or its 2 mile zoning jurisdiction, then the RPC filing fee must be submitted to the G.I. City Clerk’s Office).
Application Deemed Complete by RPC: mo. day. yr. Initial RPC form revised 10/23/19
Grand Island Regular Meeting - 4/6/2022 Page 191 / 236
REGIONAL PLANNING COMMISSION FEES AND CHARGES
Effective October 1, 2019
Service or Product Fee
Zoning Map Amendment (General) $850.00
Zoning Ordinance Text Amendment $850.00
CD or RD Comprehensive Rezoning (Grand Island $ 2 mile) $850.00 P.U.D. Rezoning $850.00 + $10.00/lot
Payment of Fees and Charges:
Zoning, Subdivision and Comprehensive plan amendment fees associated with land located
within Grand Island or its 2 mile jurisdiction, are payable to the City Clerk of Grand Island. Zoning, Subdivision and Comprehensive plan amendment fees associated with lands located
within all other areas of Hall County are payable to the Hall County Treasurer’s Office.
*Additional fees are charged for zoning within the City of Wood River, and the Villages of Alda
and Doniphan of $50.00 each, payable to the appropriate Clerk’s office.
Grand Island Regular Meeting - 4/6/2022 Page 192 / 236
Agenda Item # 6
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION:
March 25, 2022
SUBJECT: Zoning Change(C-23-22GI)
PROPOSAL: To rezone a tract of land consisting of 39.217 acres located in the North West
Quarter, Section 23, Township 11 North, Range 10 West of the 6th P.M., in the City Of Grand
Island, Hall County, Nebraskan from R2: Low Density Residential Zone to R3-SL: Medium
Density-Small Lot Residential Zone. This property is located east of Kenneth Drive and south
Indian Grass Road.
OVERVIEW:
Site Analysis
Current zoning designation: R2: Low Density Residential Zone
Permitted and conditional uses: Residential uses with a density of 1 unit per 6,000
square feet of property. Minimum lot size of 6,000
square feet. Churches, schools, parks are permitted in
this zoning district
Comprehensive Plan Designation: Designated for low to medium density residential uses.
Existing land uses: Vacant
Proposed Zoning Designation: R3-SL: Medium Density-Small Lot Residential Zone
Permitted and conditional uses: 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 and East: R2: Low Density Residential Zone
South: TA: Transitional Agricultural Zone
West: R3-SL: Medium Density Small Lot Residential
Zone
Intent of zoning district: R-2: To provide for residential neighborhoods at a
maximum density of seven dwelling units per acre with
supporting community facilities.
TA: 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
Grand Island Regular Meeting - 4/6/2022 Page 193 / 236
at a maximum density of two dwelling units per acre. The
intent of the zoning district also would allow the raising of
livestock to a limit and within certain density
requirements.
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: R2: Residential uses with a density of 1 unit per 6,000
square feet of property. Minimum lot size of 6,000
square feet. Churches, schools, parks are permitted in
this zoning district
TA: farm and non-farm dwellings at a maximum density
of two dwelling units per acre, churches, schools, and
parks.
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.
Comprehensive Plan Designation: North, South, East: Designated for low to medium
density residential
West: Agricultural
Existing land uses: North: Single family detached residential
West: Single Family Residential detached and attached
South, and East: Vacant /Agricultural
EVALUATION:
Positive Implications:
Consistent with the City’s Comprehensive Land Use Plan: The property is designated for
low to medium density residential use.
Accessible to Existing Municipal Infrastructure: City water and sewer services have been
extended to serve the rezoning area.
Would provide additional housing: This would provide for more modernized housing
stock allowing for more housing choices throughout the community
Grand Island Regular Meeting - 4/6/2022 Page 194 / 236
Negative Implications:
None foreseen
Other Considerations:
This is a change from the original plan for this property. Changes occur over time with new
circumstances. The original plan for Cooper Creek was an entire subdivision of manufactured
homes. The second vision included 20 home styles with 3 roof patterns. The houses built in the
first several phases consisted of 4 or 5 styles with different roof styles. Market concerns and
pricing are a factor in development. The proposed changes would permit the same houses that
were built in the early phases along with a mix of smaller units or other types of units that can
result in a lower sales price than that of the original home styles. This would allow for houses
similar to those built on Thomas and Kenneth to the west and north to be constructed on this
property. The R3-SL zoning district has less restrictive setbacks that make it possible to change
the configuration of the house on the lot.
RECOMMENDATION:
That the Regional Planning Commission recommend that the Grand Island City Council
change the zoning on this site from R2: Low Density Residential Zone to R3-SL: Medium
Density-Small Lot Residential Zone.
___________________ Chad Nabity AICP, Planning Director
Grand Island Regular Meeting - 4/6/2022 Page 195 / 236
Grand Island Regular Meeting - 4/6/2022 Page 196 / 236
S89°18'49"W 1597.98'(M)S01°02'28"E 1338.88'(M)N88°25'36"E 582.01'(M)N01°09'33"W 304.77'(M)N88°30'33"E 150.00'(M)S01°09'33"E13.64'(M)N88°31'08"E240.05'(M)S01°08'20"E 9.14'(M)N89°15'07"E 101.01'(M)S00°37'27"E 35.67'(M)N88°37'56"E 225.07'(M)N00°56'55"W 127.10'(M)N08°18'20"W 60.45'(M)N04°38'49"W86.68'(M)N88°39'35"E242.04'(M)N04°30'20"W78.35'(M)N01°46'48"W 564.01'(M)S88°35'22"W 10.00'(M)N01°46'48"W 60.00'(M)N88°35'22"E 95.57'(M)N01°46'48"W 95.92'(M)S89°18'49"W 2627.73'(M)S89°18'49"W 34.98'(M)N01°02'28"W 80.00'(M)2020-0378 CPROJECT NO:DRAWN BY:2022.03.01DATE:JMJEXHIBITREZONER2 TO R3-SL1TEL 308.384.8750201 East 2nd StreetGrand Island, NE 68801A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER (NW1/4) OF SECTION 23, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE 6THP.M., IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:COMMENCING AT THE SOUTHEAST CORNER OF NW1/4 OF SECTION 23-T11N-R10W; THENCE S89°18'49"W, ALONG THE SOUTH LINE OFSAID NW1/4 AND ALSO BEING THE SOUTH LINE OF INST. NO. 202001123, FILED 2/19/2020, AT THE HALL COUNTY NE, REGISTER OF DEEDS,A DISTANCE OF 34.98 FEET TO THE SOUTHWEST CORNER OF SAID TRACT DEEDED IN INST. NO. 202001123 AND ALSO BEING THESOUTHEAST CORNER OF A TRACT DEEDED IN INST. NO. 201901301, FILED 3/5/2019 AT SAID REGISTER OF DEEDS; THENCE N01°02'28"W,ALONG THE EAST LINE OF SAID DEEDED TRACT INST. NO. 201901301, A DISTANCE OF 80.00 FEET TO THE NORTHEAST CORNER OF SAIDDEEDED TRACT INST. NO. 201901301 AND ALSO BEING THE POINT OF BEGINNING; THENCE S89°18'49"W, ALONG THE NORTH LINE OF SAIDTRACT DEEDED IN INST NO. 201901301, A DISTANCE OF 1597.98 FEET TO A POINT BEING THE SOUTHEAST CORNER OF LOT 32, COPPERCREEK ESTATES EIGHTEENTH SUBDIVISION; THENCE N01°46'48"W, ALONG THE EAST LINE OF SAID LOT 32, A DISTANCE OF 95.92 FEET TOTHE NORTHEAST CORNER OF SAID LOT 32 AND ALSO BEING THE SOUTH RIGHT-OF-WAY LINE (ROW) OF AIDEN STREET; THENCEN88°35'22"E, ALONG SAID ROW LINE, A DISTANCE OF 95.57 FEET; THENCE N01°46'48"W, ALONG AN EAST LINE OF SAID COPPER CREEKESTATES EIGHTEENTH SUBDIVISION, A DISTANCE OF 60.00 FEET TO A POINT ON THE NORTH ROW LINE OF AIDEN STREET; THENCES88°35'22"W, ALONG SAID NORTH ROW LINE, A DISTANCE OF 10.00 FEET TO THE SOUTHEAST CORNER OF LOT 34, SAID COPPER CREEKESTATES EIGHTEENTH SUBDIVISION; THENCE N01°46'48"W, ALONG AN EAST LINE OF SAID COPPER CREEK ESTATES EIGHTEENTHSUBDIVISION, A DISTANCE OF 564.01 FEET TO THE SOUTHEAST CORNER OF LOT 41, SAID COPPER CREEK ESTATES EIGHTEENTHSUBDIVISION; THENCE N04°30'20"W, ALONG THE EAST LINE OF SAID LOT 41, A DISTANCE OF 78.35 FEET TO THE NORTHEAST CORNER OFSAID LOT 41 AND SAID POINT ALSO BEING ON THE SOUTH LINE OF COPPER CREEK ESTATES SEVENTEENTH SUBDIVISION; THENCEN88°39'35"E, ALONG A SOUTH LINE OF SAID COPPER CREEK ESTATES SEVENTEENTH SUBDIVISION, A DISTANCE OF 242.04 FEET TO THESOUTHEAST CORNER OF LOT 24, COPPER CREEK ESTATES SEVENTEENTH SUBDIVISION; THENCE N04°38'49"W, ALONG THE EAST LINE OFSAID LOT 24, A DISTANCE OF 86.68 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF THOMAS STREET; THENCE N08°18'20"W,ALONG AN EAST LINE OF SAID COPPER CREEK ESTATES SEVENTEENTH SUBDIVISION, A DISTANCE OF 60.45 FEET TO THE SOUTHEASTCORNER OF LOT 25, SAID COPPER CREEK ESTATES SEVENTEENTH SUBDIVISION; THENCE N00°56'55"W, ALONG THE EAST LINE OF SAID LOT25, A DISTANCE OF 127.10 FEET TO THE NORTHEAST CORNER OF SAID LOT 25 AND ALSO BEING THE SOUTHWEST CORNER OF LOT 7,COPPER CREEK ESTATES THIRTEENTH SUBDIVISION; THENCE N88°37'56"E, ALONG A SOUTH LINE OF SAID COPPER CREEK ESTATESTHIRTEENTH SUBDIVISION, A DISTANCE OF 225.07 FEET TO THE SOUTHEAST CORNER OF LOT 8, SAID COPPER CREEK ESTATES THIRTEENTHSUBDIVISION AND ALSO BEING ON THE WEST LINE OF LOT 4, COPPER CREEK ESTATES TWELFTH SUBDIVISION; THENCE S00°37'27"E, ALONGSAID WEST LINE OF LOT 4, A DISTANCE OF 35.67 FEET TO THE SOUTHEAST CORNER OF SAID LOT 4 AND ALSO BEING ON THE WEST ROWLINE OF SUNFLOWER DRIVE; THENCE S01°08'20"E, ALONG SAID WEST ROW LINE OF SUNFLOWER DRIVE, A DISTANCE OF 35.67 FEET TO APOINT ON A SOUTH LINE OF COPPER CREEK ESTATES TWELFTH SUBDIVISION; THENCE N88°31'08"E, ALONG SAID SOUTH LINE OF COPPERCREEK ESTATES TWELFTH SUBDIVISION AND ALSO BEING THE SOUTH LINE OF LOT 4, COPPER CREEK ESTATES ELEVENTH SUBDIVISION, ADISTANCE OF 240.05 FEET TO THE SOUTHEAST CORNER OF SAID LOT 4, SAID COPPER CREEK ESTATES ELEVENTH SUBDIVISION AND ALSOBEING ON THE WEST ROW LINE OF CONEFLOWER DRIVE; THENCE S01°09'33"E, ALONG SAID WEST ROW LINE OF CONEFLOWER DRIVE, ADISTANCE OF 13.64 FEET TO A POINT ON THE SOUTH LINE OF SAID COPPER CREEK ESTATES ELEVENTH SUBDIVISION; THENCE N88°30'33"E,ALONG SAID SOUTH LINE OF COPPER CREEK ESTATES ELEVENTH SUBDIVISION, A DISTANCE OF 150.00 FEET TO THE SOUTHEAST CORNER OFLOT 5, SAID COPPER CREEK ESTATES ELEVENTH SUBDIVISION; THENCE N01°09'33"W, ALONG THE EAST LINE OF SAID COPPER CREEKESTATES ELEVENTH SUBDIVISION, A DISTANCE OF 304.77 FEET TO THE NORTHEAST CORNER OF LOT 8, SAID COPPER CREEK ESTATESELEVENTH SUBDIVISION AND ALSO BEING ON A SOUTH LINE OF COPPER CREEK ESTATES THIRD SUBDIVISION; THENCE N88°25'36"E, ALONGSAID SOUTH LINE OF COPPER CREEK ESTATES THIRD SUBDIVISION, A DISTANCE OF 582.01 FEET TO A POINT BEING THE SOUTHEASTCORNER OF LOT 6, COPPER CREEK ESTATES THIRD SUBDIVISION AND ALSO BEING SAID WEST LINE OF A TRACT DEEDED IN INST. NO.202001123; THENCE S01°02'28"E, ALONG SAID WEST DEEDED LINE, A DISTANCE OF 1338.88 FEET TO THE POINT OF BEGINNING. SAIDTRACT CONTAINS A CALCULATED AREA OF 1708293.14 SQUARE FEET OR 39.217 ACRES MORE OR LESS.POBGrand IslandRegular Meeting - 4/6/2022Page 197 / 236
Hall County Regional Planning
Commission
Wednesday, April 6, 2022
Regular Meeting
Item J1
Final Plat - Rewerts Subdivision - Hall County - Located west of
Monitor Road and south of Lepin Road
Staff Contact:
Grand Island Regular Meeting - 4/6/2022 Page 198 / 236
Grand Island Regular Meeting - 4/6/2022 Page 199 / 236
Grand Island Regular Meeting - 4/6/2022 Page 200 / 236
Grand Island Regular Meeting - 4/6/2022 Page 201 / 236
Grand Island Regular Meeting - 4/6/2022 Page 202 / 236
MONITOR RD SLEPIN RD W
RewertsSubdivision
®
Scale: NONEFor Illustration Purposes
PROPOSED SUBDIVISIONLOCATION MAP
Legend
Parcel
Grand Island Regular Meeting - 4/6/2022 Page 203 / 236
MONITOR RD SRewertsSubdivision
®
Scale: NONEFor Illustration Purposes
PROPOSED SUBDIVISIONAERIAL MAP
Legend
Grand Island Regular Meeting - 4/6/2022 Page 204 / 236
D-E S89°33'50"W580.00'(M)E-F S00°26'10"E580.00'(M)F-C N89°33'50"E580.00'(M)C-D 580.00'(M)40.00'(M)40.00'(M)G-H N00°26'10"W560.00'(M)234.00'(M)K-L 560.00'(M)N89°33'50"E234.00'(M)306.00'(M)540.00'(M)73.04'15.19'106.27'
35.45'15.19'134.38'N81°18'39"W 237.00'N81°18'39"W 237.00'20.02'N88°07'00"W234.19'20.02'N88°07'00"W 234.19'30'6'20'
15'
93'64'J-L N00°26'10"W
580.00'(M)85'20.00'(M)LOT 13.00 ACRESAMONITOR ROAD
REWERTS SUBDIVISIONA PART OF THE NE1/4 OFSECTION 21-T9N-R10WHALL COUNTY, NEBRASKAFINAL PLATSE COR. NE1/4SEC. 21-T9N-R10WASE CORNER NE1/4 SECTION 21-T9N-R10WFOUND A 1/2" REBAR, 0.2' DEEP.ENE35.53'TO A MAG NAIL AND AN ALUMINUM DISK STAMPED "A. GOERTZEN LS 704" SET INTHE SE FACE OF A POWER POLE (0.5' ABOVE GROUND)E53.31'TO A MAG NAIL AND AN ALUMINUM DISK STAMPED "A. GOERTZEN LS 704" SET INTHE SOUTH FACE OF A POWER POLE (0.5' ABOVE GROUND)SE56.60'TO A 5/8"x24" REBAR WITH A PLASTIC CAP STAMPED "RM 2022", FLUSH WITHGROUND IN THE BOTTOM OF THE EAST ROAD DITCHNW40.47'TO A 5/8"x24" REBAR WITH A PLASTIC CAP STAMPED "RM 2022", FLUSH WITHGROUND IN THE TOP OF THE WEST ROAD DITCHW1'TO THE CENTERLINE OF THE NORTH-SOUTH COUNTY ROADN4'TO A FENCE LINE EASTNOTE: REBAR NW-SE ARE ON A RANDOM LINE OVER CORNER.NE CORNER NE1/4 SECTION 21-T9N-R10WFOUND A 'U' IRON, 1.5' DEEP.SE37.66'TO A CHISELED "X" FOUND IN THE TOP NORTH END OF A CONCRETE HEADWALLOF A TRIPLE BOX CULVERTSW37.56'TO A CHISELED "X" FOUND IN THE TOP NORTH END OF A CONCRETE HEADWALLOF A TRIPLE BOX CULVERTNE35.63'TO A MAG NAIL AND AN ALUMINUM DISK STAMPED "A. GOERTZEN LS 704" SET INTHE TOP WEST END OF A 30" CMPNE34.27'TO A MAG NAIL AND AN ALUMINUM DISK STAMPED "A. GOERTZEN LS 704" SET INTHE TOP EAST END OF A 30" CMPS2'TO THE CENTERLINE OF AN EAST-WEST COUNTY ROADW1'TO THE CENTERLINE OF A NORTH-SOUTH COUNTY ROADCORNER TIES:B40' PUBLIC ROAD R.O.W.DEDICATED WITH THIS PLATP:\Surveying\220103.00 - Steve Rewerts Survey\6 Survey\Drawings\220103 Survey.dwg, on 2/15/2022 1:21 PM.VICINITY SKETCHNW 1/4NE 1/4SE 1/4SW 1/4NEBRASKA21T9N
HALL COUNTYR10W800.723.8567www.jeo.comGrand Island, NE 308.381.7428GRAPHIC SCALE06012030MONUMENT FOUNDCALCULATED POINTDEEDED DISTANCEGOVERNMENT DISTANCEMEASURED DISTANCEPLATTED DISTANCERECORDED DISTANCEPRDGM LEGEND MONUMENT SET (5/8"x24" REBAR WITH APLASTIC STAMPED "GOERTZEN LS 704")OWNERS: STEVEN AND MARTHA REWERTSLAND SURVEYOR: JEO CONSULTING GROUPNUMBER OF LOTS: 2REPOSITORY STAMPFIELD BOOKSURVEY FILE NO.FIELD CREWFILE NAMEDATEPROJECT NO.DRAWN BY2022-21AG/BSHALL COUNTY #21 OF 1AG2/15/2022220103 Survey.dwgR220103LEGAL DESCRIPTION:A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 9 NORTH, RANGE 10 WEST OF THE SIXTH P.M., HALL COUNTY, NEBRASKA,BEING DESCRIBED AS FOLLOWS: REFERRING TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 21; THENCE N00°26'10"W (ASSUMEDBEARING) ON THE EAST LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 983.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N00°26'10"W ONSAID EAST LINE, A DISTANCE OF 580.00 FEET; THENCE S89°33'50"W, PERPENDICULAR TO SAID EAST LINE, A DISTANCE OF 580.00 FEET; THENCE S00°26'10"E,PARALLEL WITH SAID EAST LINE, A DISTANCE OF 580.00 FEET; THENCE N89°33'50"E, PERPENDICULAR TO SAID EAST LINE, A DISTANCE OF 580.00 FEET TO THEPOINT OF BEGINNING, CONTAINING 7.72 ACRES, MORE OR LESS.APPROVAL:SUBMITTED TO AND APPROVED BY THE REGIONAL PLANNING COMMISSION OF HALL COUNTY, CITIES OF GRAND ISLAND, WOOD RIVER, ANDTHE VILLAGES OF ALDA, CAIRO, AND DONIPHAN, NEBRASKA.CHAIRMANDATEAPPROVED AND ACCEPTED BY THE HALL COUNTY BOARD OF COMMISSIONERS THIS DAY OF , 2022.CHAIRMAN OF THE BOARDCOUNTY CLERKDEDICATION:KNOW ALL MEN BY THESE PRESENTS, THAT STEVEN E. REWERTS AND MARTHA J. REWERTS, HUSBAND AND WIFE, BEING THE OWNERS OF THE LAND DESCRIBEDHERE, HAS CAUSED SAME TO BE SURVEYED, SUBDIVIDED, PLATTED AND DESIGNATED AS "REWERTS SUBDIVISION" IN HALL COUNTY, NEBRASKA AS SHOWN ONTHE ACCOMPANYING PLAT THEREOF, AND DOES HEREBY DEDICATE THE EASEMENTS, IF ANY, AS SHOWN THEREON FOR THE LOCATION, CONSTRUCTION ANDMAINTENANCE OF PUBLIC SERVICE UTILITIES, TOGETHER WITH THE RIGHT OF INGRESS, EGRESS THERETO, AND HEREBY PROHIBITING THE PLANTING OFTREES, BUSHES AND SHRUBS, OR PLACING OTHER OBSTRUCTIONS UPON, OVER, ALONG OR UNDERNEATH THE SURFACE OF SUCH EASEMENTS; AND THAT THEFOREGOING SUBDIVISION AS MORE PARTICULARLY DESCRIBED IN THE DESCRIPTION HEREON AS APPEARS ON THIS PLAT IS MADE WITH THE FREE CONSENTAND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNER AND PROPRIETOR.IN WITNESS WHEREOF, I HAVE AFFIXED MY SIGNATURE HERETO,THIS DAY OF , 2022.STEVEN E. REWERTSMARTHA J. REWERTSSTATE OF )) SSCOUNTY OF )BEFORE ME, A NOTARY PUBLIC QUALIFIED IN SAID COUNTY, PERSONALLY CAME, STEVEN E. REWERTS, KNOWN TOME TO BE THE IDENTICAL PERSON WHO SIGNED THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED THEEXECUTION THEREOF TO BE HIS VOLUNTARY ACT AND DEED.WITNESS MY HAND AND NOTARIAL SEAL ON DAY OF , 2022.NOTARY PUBLICMY COMMISSION EXPIRESSTATE OF )) SSCOUNTY OF )BEFORE ME, A NOTARY PUBLIC QUALIFIED IN SAID COUNTY, PERSONALLY CAME, MARTHA J. REWERTS,KNOWN TO ME TO BE THE IDENTICAL PERSON WHO SIGNED THE FOREGOING INSTRUMENT, AND ACKNOWLEDGEDTHE EXECUTION THEREOF TO BE HIS VOLUNTARY ACT AND DEED.WITNESS MY HAND AND NOTARIAL SEAL ON DAY OF , 2022.NOTARY PUBLICMY COMMISSION EXPIRESSURVEYOR'S CERTIFICATE:I HEREBY CERTIFY THAT ON FEBRUARY 15TH, 2022, I COMPLETED AN ACCURATE SURVEY OF "REWERTSSUBDIVISION" IN HALL COUNTY, NEBRASKA, AS SHOWN ON THE ACCOMPANYING PLAT THEREOF; THAT IRONMARKERS, EXCEPT WHERE INDICATED, WERE FOUND AT ALL CORNERS; THAT THE DIMENSIONS OF EACH LOTARE AS SHOWN ON THE PLAT; THAT EACH LOT BEARS ITS OWN NUMBER; AND THAT SAID SURVEY WAS MADEWITH REFERENCE TO KNOWN AND RECORDED MONUMENTS.ADAM J. GOERTZEN L.S. 704SURVEYOR'S REPORT:THE PURPOSE OF THIS SURVEY WAS TO ESTABLISH THE PERIMETER AND CREATE A METES AND BOUNDSDESCRIPTION OF A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 9 NORTH,RANGE 10 WEST OF THE SIXTH P.M., HALL COUNTY, NEBRASKA.EXISTING MONUMENTS OF RECORD WERE FOUND AT LOCATIONS SHOWN ON THIS PLAT. ALL MONUMENTS FOUNDARE DESCRIBED IN THE CORNER TIES. ALL MONUMENTS SET ARE A 5/8" BY 24" REBAR WITH A PLASTIC CAPSTAMPED "GOERTZEN, LS 704".ALL LINES WERE PRODUCED AND ANGLES AND DISTANCES MEASURED WITH A TRIMBLE R12i GNSS RECEIVERUTILIZING THE SEILER INSTRUMENTS REAL TIME NETWORK.A-B N00°26'10"W
(ASSUMED BEARING)
2655.40'(M)
2655.2'(R-RUDD 1936)LOT 24.18 ACRESGRAVEL DRIVEWAYBUILDINGBLDG.HOUSEBUILDINGHOUSEBUILDINGBLDG.PRIVATE ACCESS EASEMENTPROPOSED UTILITY EASEMENTBNE COR. NE1/4SEC. 21-T9N-R10WA-C 983.00'(M)POINT OF BEGINNINGCFEDHGJKLGrand IslandRegular Meeting - 4/6/2022Page 205 / 236
Grand Island Regular Meeting - 4/6/2022 Page 206 / 236
Hall County Regional Planning
Commission
Wednesday, April 6, 2022
Regular Meeting
Item J2
Final Plat - Copper Creek 21st Subdivision - Grand Island -
Generally located east of Kenneth Drive and south of Thomas
Street
Staff Contact:
Grand Island Regular Meeting - 4/6/2022 Page 207 / 236
BUFFALO GRASS STDAWN ST
LITTLE BLUESTEM DR SAIDEN ST
THOMAS ST
KENNETH
D
RSUNFLOWER DRSCHMIDT
CIRCONEFLOWER DRCopper CreekEstates 21stSubdivision
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PROPOSED SUBDIVISIONLOCATION MAP
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BUFFALO GRASS STLITTLE BLUESTEM DR STHOMAS ST
DAWN ST
AIDEN ST
KENNETH DR
LITTLEBLUESTEMDRSSCHMID
TCIRSUNFLOWER DRCONEFLOWERDRCopper CreekEstates 21stSubdivision
®
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PROPOSED SUBDIVISIONAERIAL MAP
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Grand Island Regular Meeting - 4/6/2022 Page 209 / 236
N89°39'52"E 242.04'(M,P1)S07°55'44"E78.69'(M)S05°01'23"E 160.52'(M)S00°46'31"E 405.73'(M)N89°36'39"E
10.00'(M)S00°46'31"E98.48'(M)N89°40'53"W 344.06'(M) 95.92'(M,P2)N00°46'31"W95.57'(M,P2)
N89°35'39"E
N00°46'31"W 60.00'(M,P2)
S89°35'39"W 10.00'(M,P2)N00°46'31"W 564.01'(M,P2)78.35'(M,P2)N03°30'02"W95.84'(M,P1)78.59'(M)S06°31'59"ES89°36'39"W
100.00'(M)N00°46'31"W 565.73'(M)80.00'(M)S00°46'31"ES89°36'39"W
100.00'(M)N00°46'31"W80.00'(M,P2)80.00'(M)S89°36'39"W
100.00'(M)80.00'(M,P2)S00°46'31"E 565.73'(M)80.00'(M)S89°36'39"W
100.00'(M)80.00'(M,P2)80.00'(M)S89°36'39"W
100.00'(M)80.00'(M,P2)80.00'(M)S89°36'39"W
100.00'(M)80.00'(M,P2)80.00'(M)S89°36'39"W
100.00'(M)80.00'(M,P2)85.72'(M)S00°46'31"EN00°46'31"W84.00'(M,P2)S00°46'31"E96.30'(M)88.02'(M)N00°46'31"W96.93'(M)N89°36'39"E
88.00'(M)S00°46'31"E97.39'(M)88.02'(M)
N89°36'39"E
88.00'(M)
88.02'(M)
N89°40'53"W
N89°36'39"E 187.57'(M)85.72'(M)S00°46'31"E100.00'(M)N00°46'31"W85.72'(M)N89°36'39"E
100.00'(M)
S89°36'39"W 110.00'(M)80.00'(M)80.00'(M)N89°36'39"E
100.00'(M)80.00'(M)80.00'(M)N89°36'39"E
100.00'(M)80.00'(M)80.00'(M)N89°36'39"E
100.00'(M)
N89°36'39"E
100.00'(M) 80.00'(M)S00°46'31"E80.00'(M) 80.26'(M)S05°01'23"E80.00'(M)N89°36'39"E
94.06'(M)80.26'(M)S05°01'23"EN00°46'31"W80.00'(M)86.10'(M,P1)N06°31'59"W 78.54'(M)N89°35'39"E
80.00'(M)
80.01'(M)
N89°40'53"W
60.10'(M,P1)
1277.92'(M)
N89°40'53"W
N89°40'53"W 2627.73'(M)
N89°40'53"W 2163.95'(M)S00°46'31"E60.00'(M)S89°36'39"W
11.57'(M)
L1 L2
L3
L4
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 17 LOT 18 LOT 19 LOT 20
LINE TABLE
L1
L2
L3
L4
N89°01'40"W
S89°36'39"W
N89°35'39"E
S89°01'40"E
72.46
17.57
15.57
72.46
N89°36'39"E
88.11'(M)N00°02'17"W80.00'(M)80.00'(M)N00°02'10"W34.98'(M)
428.80'(M) 428.77'(P)
N89°41'16"W
SECTION CORNER
POB
FAX 308.384.8752
TEL 308.384.8750
201 East 2nd Street
Grand Island, NE 68801
WEST 1/4 CORNER, SEC. 23-T11N-R10W
FOUND SURVEY MARKER
E 38.53' TO NAIL IN POWER POLE
W 32.70' TO 1/2" IRON PIPE
SE 45.63' TO TOP CENTER OF FIRE HYDRANT
CENTER 1/4 CORNER, SEC. 23-T11N-R10W
FOUND 1/2" IRON PIPE
W 34.98' TO 1/2" IRON PIPE
NW 77.03' TO SOUTH END 24" RCP
SW 10.42' TO NOTCH IN WEST END RCP
OWNERS: THE GUARANTEE GROUP, LLC
SUBDIVIDER: THE GUARANTEE GROUP, LLC
SURVEYOR: OLSSON
ENGINEER: OLSSON
NUMBER OF LOTS: 21
EXISTING PROPERTY LINE
NEW PROPERTY LINE
SET CORNER (5/8"x24" REBAR W/CAP)
MEASURED DISTANCEM
SUBDIVISION LINE
FOUND CORNER (5/8" REBAR or as Noted)
PLAT DISTANCE COPPER CREEK ESTATES 9TH SUBP
SECTION LINE
PROPOSED DRAINAGE EASEMENT LINEPROPOSED UTILITY EASEMENT LINE
EXIST. DRAINAGE EASEMENT LINE
EXIST. UTILITY EASEMENT LINE
PLAT DISTANCE COPPER CREEK ESTATES 17TH SUBP1PLAT DISTANCE COPPER CREEK ESTATES 18TH SUBP2
A TRACT OF LAND CONSISTING OF PART OF THE NORTHWEST QUARTER (NW1/4) OF SECTION TWENTY-THREE (23), TOWNSHIP ELEVEN (11)
NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 24, COPPER CREEK ESTATES SEVENTEENTH SUBDIVISION, SAID POINT BEING THE POINT
OF BEGINNING; THENCE ON AN ASSUMED BEARING OF S07°55'44"E A DISTANCE OF 78.69 FEET; THENCE S05°01'23"E A DISTANCE OF 160.52
FEET; THENCE S00°46'31"E A DISTANCE OF 405.73 FEET; THENCE N89°36'39"E A DISTANCE OF 10.00 FEET; THENCE S00°46'31"E A DISTANCE
OF 60.00 FEET; THENCE S89°36'39"W A DISTANCE OF 11.57 FEET; THENCE S00°46'31"E A DISTANCE OF 98.48 FEET TO THE NORTH LINE OF A
TRACT AS DESCRIBED IN INST. NO. 201901301; THENCE S89°40'53"W, ALONG SAID NORTH LINE OF SAID TRACT, A DISTANCE OF 344.06 FEET
TO A POINT BEING THE SOUTHEAST CORNER OF LOT 32, COPPER CREEK ESTATES EIGHTEENTH SUBDIVISION; THENCE N00°46'31"W, ALONG
THE EAST LINE OF SAID LOT 32, A DISTANCE OF 95.92 FEET TO THE NORTHEAST CORNER OF SAID LOT 32 AND ALSO BEING THE SOUTH
RIGHT-OF-WAY LINE OF AIDEN STREET; THENCE N89°35'39"E, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 95.57 FEET; THENCE
N00°46'31"W, ALONG AN EAST LINE OF SAID COPPER CREEK ESTATES EIGHTEENTH SUBDIVISION, A DISTANCE OF 60.00 FEET TO A POINT ON
THE NORTH RIGHT-OF-WAY LINE OF AIDEN STREET; THENCE S89°35'39"W, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 10.00
FEET TO THE SOUTHEAST CORNER OF LOT 34, SAID COPPER CREEK ESTATES EIGHTEENTH SUBDIVISION; THENCE N00°46'31"W, ALONG AN
EAST LINE OF SAID COPPER CREEK ESTATES EIGHTEENTH SUBDIVISION, A DISTANCE OF 564.01 FEET TO THE SOUTHEAST CORNER OF LOT 41,
SAID COPPER CREEK ESTATES EIGHTEENTH SUBDIVISION; THENCE N03°30'02"W, ALONG THE EAST LINE OF SAID LOT 41, A DISTANCE OF
78.35 FEET TO THE NORTHEAST CORNER OF SAID LOT 41 AND SAID POINT ALSO BEING ON THE SOUTH LINE OF COPPER CREEK ESTATES
SEVENTEENTH SUBDIVISION; THENCE N89°39'52"E, ALONG A SOUTH LINE OF SAID COPPER CREEK ESTATES SEVENTEENTH SUBDIVISION, A
DISTANCE OF 242.04 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 214,174.99 SQUARE FEET OR
4.917 ACRES MORE OR LESS OF WHICH 1.245 ACRES IS NEW DEDICATED ROAD RIGHT-OF-WAY.
I HEREBY CERTIFY THAT ON ______________________, 2022, I COMPLETED AN ACCURATE SURVEY, UNDER MY PERSONAL SUPERVISION,
OF A TRACT OF LAND CONSISTING OF PART OF THE NORTHWEST QUARTER (NW1/4) OF SECTION TWENTY-THREE (23), TOWNSHIP ELEVEN
(11) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AS SHOWN ON THE
ACCOMPANYING PLAT THEREOF; THAT IRON MARKERS, EXCEPT WHERE INDICATED, WERE FOUND AT ALL CORNERS; THAT THE DIMENSIONS
ARE AS SHOWN ON THE PLAT; AND THAT SAID SURVEY WAS MADE WITH REFERENCE TO KNOWN AND RECORDED MONUMENTS.
_______________________________________________________
JAI JASON ANDRIST, REGISTERED LAND SURVEYOR NUMBER, LS-630
KNOW ALL MEN BY THESE PRESENTS, THAT THE GUARANTEE GROUP, LLC, A NEBRASKA LIMITED LIABILITY COMPANY, BEING THE OWNERS
OF THE LAND DESCRIBED HEREON, HAVE CAUSED SAME TO BE SURVEYED, SUBDIVIDED, PLATTED AND DESIGNATED AS "
IN PART OF THE NORTHWEST QUARTER (NW1/4) OF SECTION
TWENTY-THREE (23), TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., IN THE CITY OF GRAND ISLAND, HALL
COUNTY, NEBRASKA, AS SHOWN ON THE ACCOMPANYING PLAT THEREOF AND DO HEREBY DEDICATE THE ROAD RIGHT OF WAY, AS SHOWN
THEREON TO THE PUBLIC FOR 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 HEREBY PROHIBITING THE PLANTING OF TREES, BUSHES AND SHRUBS, OR PLACING OTHER
OBSTRUCTIONS UPON, OVER, ALONG OR UNDERNEATH THE SURFACE OF SUCH EASEMENTS; AND THAT THE FOREGOING SUBDIVISION AS
MORE PARTICULARLY DESCRIBED IN THE DESCRIPTION HEREON AS APPEARS ON THIS PLAT IS MADE 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 ____________, 2022.
_______________________________
SEAN P. O'CONNOR, A MEMBER
THE GUARANTEE GROUP, LLC, A NEBRASKA LIMITED LIABILITY COMPANY
ON THIS ____ DAY OF ___________, 2022, BEFORE ME , A NOTARY PUBLIC WITHIN AND FOR SAID COUNTY, PERSONALLY APPEARED SEAN
P. O'CONNOR, A MEMBER, THE GUARANTEE GROUP, LLC, A NEBRASKA LIMITED LIABILITY COMPANY, TO ME PERSONALLY KNOWN TO BE
THE IDENTICAL PERSON WHOSE SIGNATURE IS AFFIXED HERETO AND ACKNOWLEDGED THE EXECUTION THEREOF TO BE HIS VOLUNTARY
ACT AND DEED. IN WITNESS WHEREOF, I HAVE HEREUNTO SUBSCRIBED MY NAME AND AFFIXED MY OFFICIAL SEAL AT
______________________ , NEBRASKA, ON THE DATE LAST ABOVE WRITTEN.
MY COMMISSION EXPIRES ___________
_____________________________
NOTARY PUBLIC
SUBMITTED TO AND APPROVED BY THE REGIONAL PLANNING COMMISSION OF HALL COUNTY, CITIES OF GRAND ISLAND, WOOD RIVER,
AND THE VILLAGES OF ALDA, CAIRO, AND DONIPHAN, NEBRASKA.
_____________________________ __________
CHAIRPERSON DATE
APPROVED AND ACCEPTED BY THE CITY OF GRAND ISLAND, NEBRASKA
THIS ____ DAY OF ______ , 2022.
_______________________________
MAYOR
_______________________________
CITY CLERK
Grand Island Regular Meeting - 4/6/2022 Page 210 / 236
Grand Island Regular Meeting - 4/6/2022 Page 211 / 236
Hall County Regional Planning
Commission
Wednesday, April 6, 2022
Regular Meeting
Item J3
Final Plat - Eynetich Subdivision - Grand Island ETJ - Located
South of Abbott Road and east of North Road
Staff Contact:
Grand Island Regular Meeting - 4/6/2022 Page 212 / 236
NORTH RD NEynetichAcres
®
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PROPOSED SUBDIVISIONLOCATION MAP
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Grand Island Regular Meeting - 4/6/2022 Page 213 / 236
NORTH RD NEynetichAcres
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Grand Island Regular Meeting - 4/6/2022 Page 214 / 236
Grand IslandRegular Meeting - 4/6/2022Page 215 / 236
Grand Island Regular Meeting - 4/6/2022 Page 216 / 236
Hall County Regional Planning
Commission
Wednesday, April 6, 2022
Regular Meeting
Item J4
Final Plat - Sargent Subdivision - Grand Island - Located north
Dodge Street and west of Eugene Street
Staff Contact:
Grand Island Regular Meeting - 4/6/2022 Page 217 / 236
DODGE ST EUGENE ST SPLUM ST SSargentSubdivision
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DODGE ST EUGENE ST SSargentSubdivision
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Grand Island Regular Meeting - 4/6/2022 Page 219 / 236
NScale 1" = 20'EUGENE STREET156.05'' A (156.00' R) S 00°00'26" W156.00' A (156.00' R) N 00°08'29" E83.50' A (83.50' R) N 89°45'27" E
83.87' A (83.50' R) S 89°47'36" W
DODGE STREET
83.67'83.24'82.73'72.77'73.33' - Corner Found 1/2" Pipe Unless Otherwise Noted
- 1/2 Rebar Placed W/Survey Cap Unless Otherwise Noted
- Temporary Point
All Distances on Curves are
Chord Distance
R - Recorded Distance
A- Actual Distance
P- Prorated Distance
Legend
Grand Island, Nebraska
1" = 20'2/2/2022 Brent C.
22-025
1 OF 1
INITIAL POINT SURVEYING LLC
1811 W 2nd Street; Suite 280
Grand Island, NE 68803
308-383-6754 Cell
308-675-4141 Office
Part Lot One ( 1), Anderson Subdivision
SARGENT SUBDIVISION
CITY OF GRAND ISLAND , NEBRASKA
KNOW ALL MEN BY THESE PRESENTS, that "Brennan Sargent." being the owner of the land described hereon have caused same
to be surveyed, subdivided, platted and designated as 'SARGENT SUBDIVISION', in the City of Grand Island, Nebraska, as shown on
the accompanying plat thereof, and do hereby dedicate the easements, if any, as shown thereon for the location, construction and
maintenance of public service utilities, together with the right of ingress and egress thereto, and hereby prohibiting the planting of
trees, bushes and shrubs, or placing other obstructions upon, over, along or underneath the surface of such easements; and that the
foregoing subdivision as more particularly described in the description hereon as appears on this plat is made with the free consent
and in accordance with the desires of the undersigned owners and proprietors.
IN WITNESS WHEREOF, we have affixed our signatures hereto, at Grand Island, Nebraska this day of , 2022
Brennan Sargent Date
I hereby certify that on February 2, 2022, I completed an accurate survey of 'SARGENT SUBDIVISION', in
the City of Grand Island, Nebraska, as shown on the accompanying plat thereof; that the lots, block, streets,
avenues, alleys, parks, commons and other grounds as contained in said subdivision as shown on the
accompanying plat thereof are well and accurately staked off and marked; that iron markers were placed at all
lot corners; that the dimensions of each lot are as shown on the plat; that each lot bears its own number; and
that said survey was made with reference to known and recorded monuments.
Brent D Cyboron, Reg. Land Surveyor No. 727
ACKNOWLEDEGEMENT
State Of Nebraska
County Of Hall
On the day of ,2022, before me a Notary Public within and for said County, personally appeared Brennan
Sargent, to me personally known to be the identical person whose signatures are affixed hereto, and that each did acknowledge the execution thereof to
be his or her voluntary act and deed.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal at Grand Island, Nebraska, on the date last above written.
My commission expires .
Notary Public
DEDICATION
SURVEYOR'S CERTIFICATE
APPROVALS
Submitted to and approved by the Regional Planning Commission
of Hall County, Grand Island and Wood River, and The Villages
of Alda, Cairo, and Doniphan, Nebraska
Chairman Date
Approved and accepted by the City of Grand Island, Hall County, Nebraska this________
Day of , 2022
Mayor City Clerk
LOT 1
6951.026 Sq. Ft. +/-
LOT 2
6105.419 Sq. Ft. +/-
LEGAL DESCRIPTION
A tract of land comprising the West Eighty Three and Five Tenths (83. 5) feet of the Northerly One Hundred
Fifty -Six (156. 0) feet of Lot One ( 1), Anderson Subdivision, in the City of Grand Island, Hall County,
Nebraska.
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Hall County Regional Planning
Commission
Wednesday, April 6, 2022
Regular Meeting
Item J5
Final Plat - Tjaden Subdivision - Hall County - Located east of
60th Road and south of Schutz Road
Staff Contact:
Grand Island Regular Meeting - 4/6/2022 Page 222 / 236
60THRDSIN T E R S T A T E 8 0
IN T E R S T A T E 8 0 A C C E S S R DINTERSTATE 8 0
TjadenSubdivision
®
Scale: NONEFor Illustration Purposes
PROPOSED SUBDIVISIONLOCATION MAP
Legend
Parcel
Grand Island Regular Meeting - 4/6/2022 Page 223 / 236
60THRDSIN T E R S T A T E 8 0
IN T E R S T A T E 8 0 A C C E S S R DINTERSTATE 8 0
TjadenSubdivision
®
Scale: NONEFor Illustration Purposes
PROPOSED SUBDIVISIONAERIAL MAP
Legend
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Hall County Regional Planning
Commission
Wednesday, April 6, 2022
Regular Meeting
Item S1
Contract Approval - Consideration of approval of a contract with
Marvin Planning Consultants to update the Comprehensive
Development Plans
Staff Contact:
Grand Island Regular Meeting - 4/6/2022 Page 228 / 236
Agenda Item # 4
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION:
March 25, 2022
SUBJECT: Contract for Services with Marvin Planning Consultants to Update the
Comprehensive Development Plans and Zoning and Subdivision Regulations for Grand
Island and Hall County with the option to do the same for Alda, Doniphan, Cairo and Wood
River.
The last significant update to the Hall County and Grand Island Comprehensive Plans was
completed in 2004. Staff has secured funding from the City of Grand Island and Hall County to
update the plans and regulations for these entities during the 2022, 23 and 24 fiscal years. It is
expected that that the process will take between 18 and 24 months from the time it begins.
Staff prepared a request for qualifications and advertised for responses along with sending the
RFQ to known consulting firms that work in this area. Two firms responded to the RFQ and a
committee of Planning Commissioners, Planning Department Staff, City and County Staff and
Elected Official representing the City and the County met to review the qualifications and select a
firm to negotiate a contract with.
Marvin Planning Consultants was the first choice of the committee and staff has been negotiating
the price and scope of the contract. The attached contract for $220,000 is slightly less than the
amount committed by the Grand Island and Hall County toward the project. Marvin Planning has
indicated that the cost for Alda to participate would be $15,000 and Doniphan would be between
$20,000 and $25,000. Alda is planning to budget funds during the 23 and 24 fiscal years.
Doniphan is still considering the proposal. Wood River and Cairo both have newer plans and are
not expected to participate.
The Comprehensive Plan is a blue print for growth in the community and is required if a
community wishes to use zoning and subdivision regulations to impact how and where that
development occurs. The 2004 plans were looking at a 20 year time frame and we are at the end
of that horizon.
RECOMMENDATION:
Staff is recommending that the contract with Marvin Planning be approved and that we begin the
process of updating the plans and regulations.
___________________ Chad Nabity AICP, Planning Director
Grand Island Regular Meeting - 4/6/2022 Page 229 / 236
CONTRACT FOR SERVICES
Hall County Regional Planning Commission
Grand Island/Hall County Comprehensive Plan and Zoning Regulations
This agreement between Hall County Regional Planning Commission (HCRPC) and Marvin
Planning Consultants (MPC) is hereby entered into this _____day of __________, 2022. This
agreement shall consist of this document and such other drawings; conditions and stipulations as
shall be mutually agreed to and attached hereto.
The purpose of this agreement is for the project entitled Grand Island/Hall County Comprehensive
Plan and Zoning Regulations. A scope of services to be performed under this agreement is
contained in Section 1. Such work shall begin upon signing of this document and is estimated to
be continuous until either party terminates said agreement.
SECTION 1 - Scope of Services
A. MPC shall provide the following services to the HCRPC:
See Attachment #1
MPC may combine reports listed above in order to facilitate review and comment. Additional
services may be performed by MPC at the direction of the HCRPC and with modification to the
contract amount in Section 2. Such services shall be mutually agreed to and attached to this
document.
The standard of care for all professional services performed or furnished by MPC under this
Agreement will be the care and skill ordinarily used by members of the MPC's profession practicing
under similar conditions at the same time and in the same locality. MPC makes no warranties,
expressed or implied, under this Agreement or otherwise, in connection with services provided.
All documents prepared or furnished by MPC pursuant to this Agreement are instruments of service
developed exclusively for use of the HCRPC, and MPC shall retain an ownership and property
interest therein. Other reuse of any such documents by HCRPC shall be at HCRPC’s sole risk; and
HCRPC agrees to indemnify, and hold MPC harmless from all claims, damages, and expenses
including attorney's fees arising out of such reuse of documents by HCRPC or by others acting
through HCRPC.
B. HCRPC shall provide the following:
1. A project manager as a direct liaison with MPC to provide instruction and direction on
behalf of the HCRPC.
2. As needed, copies of all existing base maps owned by or in the possession of the HCRPC.
3. Copies of all studies and data in its possession or that it may obtain that are relevant to the
performance of this contract.
4. Reasonable assistance in contacting residents and agencies, scheduling activities and
distributing information about the project.
5. Arrange for safe access to and make all provisions for MPC and MPC's Consultants to enter
upon public and private property as required for MPC to perform services under this
Agreement.
6. Examine all alternate solutions, studies, reports, sketches, drawings, specifications, proposals
and other documents presented by MPC (including obtaining advice of an attorney and
other consultants as HCRPC deems appropriate with respect to such examination) and
render in writing decisions pertaining thereto.
7. Give prompt written notice to MPC whenever HCRPC observes or otherwise becomes
aware of any development that affects the scope or time of performance or furnishing of
MPC services, or any defect or nonconformance in MPC's services or in the work of any
Grand Island Regular Meeting - 4/6/2022 Page 230 / 236
Subconsultant.
8. Review by City/County Attorney of documents and regulations for conformity with existing
local, state and federal law and regulations.
9. MPC shall be entitled to use and rely upon all such information and services provided by
HCRPC or others in performing services under this Agreement.
SECTION 2 - Contract Sum and Payment
The HCRPC shall pay MPC a fixed fee of $220,000.00 for the performance of the scope of services
in Section 1.
The HCRPC shall be billed monthly for services performed. All Invoices not paid within 30 days will
be increased at the rate of 1.0% per month from said day; except as stated below. In addition,
MPC may, after giving seven days written notice to HCRPC, suspend services under this
Agreement until MPC has been paid in full all amounts due for services, expenses, and other
related charges.
Additional services as may be agreed to and as may be added to Section 1.A above shall be
billed in accordance with the agreement or addendum authorizing such service.
SECTION 3 - General Considerations
A. Controlling Law
This Agreement is to be governed by the law of the State of Nebraska.
B. Successors and Assigns
Neither party shall assign, sublet, or transfer its rights, interests or obligations under this
Agreement without the express written consent of the other party.
C. Unless expressly provided otherwise in this Agreement:
1. Nothing in this Agreement shall be construed to create, impose or give rise to any
duty owed by MPC to any Contractor, Subcontractor, Supplier, other person or
entity, or to any surety for or employee of any of them, or give any rights in or
benefits under this Agreement to anyone other than HCRPC and MPC.
2. All duties and responsibilities undertaken pursuant to this Agreement will be for the
sole and exclusive benefit on HCRPC and MPC and not for the benefit of any other
party.
D. Notices
Any notice required under this Agreement will be in writing, addressed to the appropriate
party at the address which appears on the signature page to this Agreement and given
personally, by registered or certified mail, return receipt requested, by facsimile, or by a
nationally recognized overnight courier service. All notice shall be effective upon the date
of receipt.
E. Severability and Waiver
Any provisions or part of the Agreement held to be void or unenforceable under any laws
or regulation shall be deemed stricken, and all remaining provisions shall continue to be
valid and binding upon HCRPC and MPC, who agree that the Agreement shall be
reformed to replace such stricken provision or part thereof with a valid and enforceable
provision that comes as close as possible to expressing the intention of the stricken
provision. Non-enforcement of any provision by either party shall not constitute a waiver
of that provision, nor shall it affect the enforceability of that provision or of the remainder
of this Agreement.
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F. Termination of Contract
Either party may at any time, upon seven days prior written notice to the other party,
terminate this Agreement. Upon such termination, HCRPC shall pay to MPC all amounts
owing to MPC under this Agreement, for all work performed up to the effective date of
termination.
Signed this day of , 2022.
Hall County Regional Planning Commission
________________________
Chair Date
Marvin Planning Consultants, Inc
________________________
Keith A. Marvin AICP, President Date
Grand Island Regular Meeting - 4/6/2022 Page 232 / 236
Proposed Scope of Services
PLAN KICK-OFF
This phase begins the overall planning process by
meeting with staff and steering committee
members to put the process in motion.
PROCESS:
A. Develop a public participation plan with staff
using proposed engagement techniques
B. Conduct Planning 101 meeting
C. Develop a proposed meeting schedule
D. Identify and link applicable Social Media
networks
E. Develop videos for use on Public Access to
promote the project.
F. Develop project website
G. Develop the base maps into formats needed
for the Comprehensive Development Plan
H. Conduct kick-off meeting to discuss project
OUTCOME:
1. Proposed meeting schedule.
2. A total of one meeting with staff to develop
schedule.
3. A total of one public workshop meeting
including Planning 101.
4. Establish online public engagement strategy
and tools.
COMMUNITY ENGAGEMENT
This process will Engage the residents of all
project participants in order to determine their
visions and desires for the community in the
coming years.
PROCESS:
A. Two Town Hall Meetings for Grand Island and
Hall County and one for each participating
smaller community to establish preliminary
input for the development of goals,
objectives, and policies.
B. Conduct focus group meetings with groups/
organizations determined by planning team
and staff, including:
• The school districts and any parochial
schools
• Developers in the area, including Chief
Industries, Ray O’Connor, Scott Rief, Josh
Rhoads, and others
• Major employers including Case IH,
Hornaday, Chief, Bosselman, GI Express,
JBS, the hospitals, McCain Foods, and
others
• Major organizations including the
Chamber of Commerce, Grand Island
Area Economic Development, Railside,
and others
• Post-secondary education providers:
Doane University and CCC
A. Conduct a focus group meeting with the
Community Youth Council.
B. Develop MindMixer component
C. Develop Crowdsource Map
D. Develop online surveys including:
• Development of postcards to be
distributed throughout Grand Island and
Hall County
• Development of a matching poster to be
hung county-wide
A. Establish a Likes and Dislikes exercise with
Steering Committee similar to the current
comprehensive plan (using smartphones and
providing a location to upload photos).
B. Prepare a summary report of key issues and
strategies for the City’s acceptance and
modify as directed.
COMMUNITY/COUNTY PROFILE
This phase begins the paint the picture of where
Grand Island/Hall County and other communities
have been and where they appear to be
currently. It examines all of the socio-economic
data as well as existing facilities, infrastructure,
land uses, etc.
PROCESS:
A. Prepare population characteristics including:
• Up-To-Date Historic Data
• Age Cohort Analysis
• Migration Analysis
• Population Trends
• Population Projections
B. Basic Housing Analysis for Grand Island and
Hall County
• Examine age of housing units
• Examine substandard housing
• Examine cost of housing
C. Economic Analysis
• Household and Per Capita Income
• Employment by Industry
• Economic Trends
D. Survey and evaluate existing and proposed
City facilities as well as examine specific levels
of Service needs, including: • Parks and recreation
• Life safety (law enforcement, fire
protection, emergency services) • Public facilities
• Historic facilities
• Educational facilities
E. Survey and evaluate existing communications
and infrastructure, including:
• Identify existing communications types
and assets in the community
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• Identify existing water and sewer systems
• Identify key areas in need of improvement
within the water and sewer systems
• Identify key areas where service
extensions may occur in order to support
future community expansion.
F. Survey and prepare existing land uses and
physical features information for the following
use types:
• Agricultural
• Residential (SF, MF, and MH)
• Commercial
• Industrial
• Public and Quasi-Public
• Parks and Open Spaces
• Rights-of Way
G. Evaluate transportation facilities including:
• Existing road systems and classifications
• Projected road system needs.
• Existing highway system
• Existing trails system (locally and
regionally)
• Existing infrastructure at Central Nebraska
Regional Airport)
• Existing and potential changes to the
UPRR and BNSF systems in Grand Island
and Hall County. • Inclusion of priorities from the MPO’s 2045
Long Range Transportation Plan and the
Bicycle and Pedestrian Master Plan
OUTCOME:
1. Survey of existing land uses and facilities
throughout Grand Island and Hall County.
2. Document conditions by location and type of
base maps.
3. Strategic Analysis Report including
population, economic and land use trends
and projections.
4. Evaluation of existing community facilities/
recommendations for future needs in Grand
Island and Hall County.
5. A total of three meeting with planning
commission and/or Steering Committee for
Grand Island and Hall County.
GRAND ISLAND/HALL COUNTY TOMORROW
This step in the planning effort takes the existing
data, information, thoughts, desires, needs and
puts it into a implementable set of policies for the
future.
PROCESS:
A. Development of a future land use plan
including maps (utilizing ArcGIS) addressing
specific issues such as, but not limited to:
• Growth management policies and priority
growth areas
• Commercial development cores and
nodes
• Historic Preservation
• Community Character and Urban Design
• Housing and Neighborhoods
• Sub-area Plans (specifically the
Conestoga Mall Environs)
• Economic Development Chapter as
discussed in outline
• Parks, Open spaces and trails
B. Conduct two Public Open Houses to present
the alternative land use plans and receive
feedback on the desirable options.
C. Refine the land use plans as directed after
completion of the Open Houses
• Development of a future land use plan
D. Develop Hazards Chapter.
E. Develop Natural Resources Chapter
F. Development of a Public Health Chapter
G. Development of a Sustainability Chapter
H. Development of Annexation Chapter
I. Develop Transportation Chapter
incorporating:
• Public input collected during Grand Island
Vision Phase and the 2045 Long Range
Transportation Plan and the Bicycle and
Pedestrian Master Plan • Plans being considered by the City,
Counties, and State
• Observations of the planning team
OUTCOME:
1. Completed growth management plan
2. Completed future land use plans
3. Complete other chapters
4. Completed transportation plan.
5. A total of two Open House to present
proposed land uses.
6. A total of three (each) public workshop
meetings with Steering Committee
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PLAN IMPLEMENTATION
This step in the planning effort begins developing long
-term visions for the community.
PROCESS:
A. Review draft of Grand Island/Hall County
Action Plan - Implementation program for
Comprehensive Plan.
B. Identify key persons in the community who will
need to be involved in the implementation of
the Grand Island/Hall County Comprehensive
Plan.
C. Research and identify specific funding
sources that can aid in the implementation of
the Comprehensive Plans.
GRAND ISLAND/HALL COUNTY ZONING AND
SUBDIVISION UPDATES
PROCESS:
1. Prepare Zoning Regulations for review by Steering
Committee, Staff, Attorney and eventual
adoption by the governing body.
2. Prepare subdivision regulations and design
standards for review by Steering Committee, Staff,
Attorney and adoption by the governing body.
3. Conduct up to seven Steering Committee
meetings with each group.
4. Conduct Public Hearings on Comprehensive
Development Plan, Zoning and Subdivision
Regulations.
5. Produce Final Document.
6. One electronic copy on CD of all final material
7. Up to 25 copies of the completed plan and
regulations as well as one copy of Land Use Plan
and Official Zoning Map in wall-size
SUPPORT GRAND ISLAND/HALL COUNTY
A. Provide technical support to officials and staff
through telephone and email consultation
and brief reports during plan process.
B. Review development plans impacting the
land use patterns of Grand Island and Hall
County that are submitted during the
planning process for consistency with the Plan
C. Provide technical support after completion
and adoption of the plan, by telephone.
D. Attend meetings as needed at established
hourly rates.
GRAND ISLAND HOUSING ACTION PLAN
Task 1: Market Analysis
The team will undertake a quantitative analysis of the
existing and projected housing market, end date to
be determined by the client. The purpose of this
analysis is to examine historical trends, the current
state of Grand Island, and project future needs. This
analysis will examine:
• Past and current housing efforts undertaken
within Grand Island and surrounding areas that
impact Grand Island’s housing market
• Households by income, tenure, type
• Special needs populations (very low income,
seniors, disabled, etc.)
• Existing conditions (age and condition)
• Historic and projected sales and construction
activity
• Projected population and household growth by
age, tenure, type
• Other market factors that influence housing
demand positively or negatively such as
employment trends, commuting patterns and
other externalities.
The outcome will be a report of existing conditions
and projected needs based on the items outlined
above. The report will include charts, graphs, maps,
and associated narratives.
Task 2: Community Engagement
The team will undertake a robust community
engagement effort to supplement the quantitative
analysis performed in Task 1. These efforts will include
community surveys, stakeholder focus groups and
visioning sessions. The goal is to better understand
the nuisances of the housing market that may not be
apparent in the qualitative data. The team will
interview stakeholders directly engaged in the
housing market including builders/developers,
Realtors/Realists, non-profit housing providers, fair
housing advocates, major employers and other
individuals or organizations identified during the
planning process.
Task 3: Issues and Opportunities
Based the results of Task 1 and Task 2 the team will
prepare a report on the issues and opportunities of
the housing marking within Grand Island. The report
will identify current and future challenges facing the
Grand Island housing market identified through data
collection and analysis, along with the various
stakeholder surveys and focus group results.
Additionally, the report will focus on the opportunities
ahead for Grand Island including the future demand,
desired type and location of housing.
Grand Island Regular Meeting - 4/6/2022 Page 235 / 236
Task 4: Strategic Implementation Plan
The final chapter will provide an implementation
roadmap designed to address the identified issues
and opportunities. The strategic plan will focus on
achievable near and mid-term goals and activities,
along with long-term “stretch” goals and activities.
The chapter will link desired goals and outcomes with
specific implementable activities and funding
streams and partners. The goal of this chapter is to
align activities, resources and organizations so all
Grand Island stakeholders are working cooperatively
to address the housing challenges and future
opportunities within the community.
The final plan will meet or exceed the requirements of
Nebraska laws.
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