10-11-2023 Hall County Regional Planning Commission October 11, 2023 Packet
Regional Planning Commission Meeting Agenda
Council Chambers
City Hall
100 East First Street
Regular Meeting of October 11, 2023
6:00 PM
1. CALL TO ORDER This is an open meeting of the Hall County Planning Commission. The Hall
County Planning Commission abides by the Open Meetings Act in conducting business. A
copy of the Open Meetings Act is displayed in the back of this room as required by state law.
The Planning Commission may vote to go into Closed Session on any agenda item as
allowed by state law. The Chair of the meeting may change the order of items on the agenda
to accommodate the public.
2. MEETING MINUTES
a. Minutes from September 6, 2012
3. RESERVE TIME TO SPEAK ON AGENDA ITEMS
4. PUBLIC HEARINGS
a. Public Hearing to re-adopt the Village of Cairo Zoning Map. (C-01-24C)
b. Public Hearing to consider readoption of the Cairo Zoning Ordinance with changes as
requested by the Cairo Village Board and other changes as suggested by the Regional
Planning Department Staff. Copies of the proposed changes are available from at the
Hall County Regional Planning Department Office located at the Grand Island City Hall.
(C-01-24C)
c. Proposed CRA Area #39 located west of U.S. Highway 281 north and south of
Wildwood Drive in Grand Island, Hall County Nebraska. Resolution 2024-01 (C-02-
24GI)
d. Redevelopment Plan – Prataria Ventures, LLC – Redevelopment Plan Amendment
CRA Area 7- Proposed Lot 9 of Industrial Foundation Second Subdivision in the City of
Grand Island, Nebraska located south of Schimmer Drive and west of Blaine Street in
Grand Island – (C-03-24GI)
e. Redevelopment Plan – 3650 LLC– Redevelopment Plan Amendment CRA Area 34-
located at 3650 W. 13th Street in the City of Grand Island – (C-04-24GI)
5. CONSENT AGENDA
Page 1 of 225
a. Final Plat – Jaxson Second Subdivision – Grand Island Located south of Old
Potash Highway and west of North Road in Grand Island, NE (13 lots, 1 outlot, 16.767
acres)
b. Bartels Subdivision an Addition– Grand Island Located north of Highway and west
of North Road in the jurisdiction of the City Grand Island, NE (2 lots, 11.47 acres)
c. Final Plat – Eagle Lake Estates Fourth Subdivision – Grand Island ETJ Located
north of Stoneridge Path and east Linden Avenue in the jurisdiction of the City of Grand
Island, NE (3 lots, 12.478 acres)
6. SPECIAL ITEMS
a. Comprehensive Plan Update and Payment of Claims
b. NPZA Virtual Conference Friday October 13 8:30 to 4:30
7. DIRECTOR COMMUNICATION This is an opportunity for the Director to comment on current
events, activities, and issues of interest to the commission.
8. NEXT MEETING DATE November 1, 2023
Page 2 of 225
THE REGIONAL PLANNING COMMISSION OF HALL COUNTY, GRAND ISLAND,
WOOD RIVER AND THE VILLAGES OF ALDA, CAIRO, AND DONIPHAN,
NEBRASKA
Minutes
for
September 6, 2023
The meeting of the Regional Planning Commission was held Wednesday, September 6, 2023 at
City Hall – Grand Island, Nebraska. Notice of this meeting appeared in the “Grand Island
Independent” on August 26, 2023.
Present: Les Ruge Megan Goplin Greg Robb
Tony Randone Pat O’Neill
Jaye Monter Leonard Rainforth
Absent: Judd Allen, Darrel Nelson, Tyler Doane, Robin Hendricksen and Brent
Stevenson
Other:
Staff: Chad Nabity and Norma Hernandez
Press:
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. He noted that the requirements for an open meeting are posted on
the wall in the room and easily accessible to anyone who may be interested in reading
them.
O’Neill also noted the Planning Commission may vote to go into Closed Session on
any agenda item as allowed by State Law.
The Commission will discuss and may take action on any item listed on this agenda.
Page 3 of 225
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 August 2, 2023 meeting.
A motion was made by Robb and second by Rainforth to approve the minutes of
the August 2, 2023 meeting.
The motion carried with seven members voting in favor (O’Neill, Ruge, Monter, Robb,
Rainforth, Goplin and Randone) and no members abstaining or voting no (Nelson,
Allan, Doane, Stevenson and Hendricksen were absent).
3. Request Time to Speak.
Sean O’Connor – 1912 W. Anna – Item 4b
Keith Marvin – David City, NE – Item 4a
Matt Schultz – 4232 Indian Grass Rd – Item 4b
Alex Bullington – 3601 Jones Street Omaha, NE – Item 5a
4. PUBLIC HEARINGS
A. Public Hearing – Proposed CRA Area #38 – Grand Island – Proposed CRA
Area #38 located south of Faidley Avenue between Webb Road and U.S. Highway
281 in Grand Island, Hall County Nebraska. Resolution 2023-15 (C-36-23GI)
O’Neill opened the public hearing.
Nabity stated proposed CRA Area 38 includes Abundant Life Church on Faidley and
Webb Road. The study as prepared and submitted does indicate the property could be
considered substandard and blighted. The Planning Commission Recommendation must
be forwarded to the City Council. Nabity also stated a list of recommend questions
were included in the packet for Planning Commission as a starting point in the analysis.
Keith Marvin – Marvin Planning Consultants – David City, NE – Went over the Blight
and Substandard Study and was available for questions.
O’Neill closed the public hearing.
A motion was made by Randone and second by Goplin to approve CRA Area 38 and
Resolution 2023-15.
The motion carried with six members voting in favor (Ruge Robb, Monter, Rainforth,
Goplin, and Randone) and one member voting no (O’Neill) no members abstaining
(Allan, Nelson, Doane, Stevenson, and Hendricksen were absent).
Page 4 of 225
b. Public Hearing – Rezone – Consider a change of zoning for property located
south of Old Potash Highway and east of Engleman Road (Part of Outlot A of
Copper Creek Estates Eighth Subdivision at 350 Little Bluestem Drive) from R2
Suburban Density Residential to R3-SL Medium Density Small Lot Residential. (C-
37-23GI)
O’Neill opened the public hearing.
Nabity stated the original plan for Outlot A of Copper Creek Estates Eighth Subdivision
was to provide storage for the neighborhood. Due to a large ditch in the middle of the
property the developer is asking to have the property rezoned to R3-SL Medium
Density. The developer is looking to integrate multi-family units within the subdivision.
The developer has been working with the Homeowner’s Association and the HOA has
given support for this plan.
Sean O’Connor – The Copper Creek developer went over the proposed changes and
was available for questions.
Matt Schultz – 4232 Indian Grass Rd – Mr. Schultz stated he was representing the
Cropper Creek Homeowner’s Association phase A. Mr. Schultz stated Mr. O’Connor
met with the entire HOA and discussed the proposed rezoning and they support the
proposed change.
Sarah Hon-4360 Thomas Street – concerns with the traffic that access Engleman Street.
Stated that Engleman is usually backed up. Townhomes bringing property value down.
O’Neill closed the public hearing.
A motion was made by Ruge and second by Robb to approve the rezoning change for
the property located south of Old Potash Highway and east of Engleman Road.
The motion carried with seven members voting in favor (O’Neill, Ruge Robb, Monter,
Rainforth, Goplin, and Randone) and no members abstaining or voting no (Allan,
Nelson, Doane, Stevenson, and Hendricksen were absent).
Page 5 of 225
5. Consent Agenda:
a. Final Plat – Liberty Campus Subdivision – Grand Island – Located between Capital
Avenue and Old Highway 2 west of Broadwell. This subdivision includes the
Veteran’s Home Campus.
A motion was made by Goplin and second by Randone to approve all items on the
consent agenda.
The motion carried with seven members voting in favor (O’Neill, Ruge Robb, Monter,
Rainforth, Goplin, and Randone) and no members abstaining or voting no (Allan,
Nelson Stevenson, Doane and Hendricksen were absent).
6. Special Items.
a. Comprehensive Plan Update and Payment of Claims.
County Survey will be going out.
A motion was made by Monter and second by Ruge to approve the payment of claims.
The motion carried with seven members voting in favor (O’Neill, Ruge Robb, Monter,
Rainforth, Goplin, and Randone) and no members abstaining or voting no (Allan,
Nelson, Stevenson, Doane and Hendricksen were absent).
7. Director Communication:
8. Next Meeting October 11, 2023
9. Adjourn
O’Neill adjourned the meeting at 6:30 p.m.
___________________________________________
Leslie Ruge, Secretary
By Norma Hernandez
Page 6 of 225
AGENDA MEMO
To: Hall County Regional Planning Commission
Agenda: Hall County Regional Planning Commission October 11, 2023
Date: October 11, 2023
Item #: 4.a.
Subject: Public Hearing to re-adopt the Village of Cairo Zoning Map. (C-01-24C)
Staff Contact:
BACKGROUND:
In June of 2023 the Cairo Village Board approved a revised zoning map for the Village of Cairo. This map was
produced using the Hall County GIS system as the official zoning map for the Village of Cairo. Staff is
recommending changes to zoning outside of the Village Limits but within the 1-Mile jurisdiction. In 2021 the
Village of Cairo approved a new comprehensive plan and land use maps with alterations to the 1- mile jurisdiction
boundary changing it from a squared 1 mile boundary from Village limits to a rounded boundary. Staff is
recommending changes to the AG: Agriculture Zone allowing for it to abut the 1-mile jurisdiction as it did in the
past.
This will allow a newly revised and adopted copy of the map to be printed for official use by the Board, staff and
the general public. This hearing is being held for that purpose. This map will also serve to give notice to all parties
that the Cairo Village limits, and 1 mile extraterritorial jurisdiction, is as shown on the map.
BACKGROUND:
ZONING CHANGES
There have been no zoning changes since the last adoption.
ANNEXATIONS
There have been no annexations since the last adoption.
RECOMMENDATION: That the Regional Planning Commission recommend that the
Village Board of Cairo adopt the changes to the zoning map.
SAMPLE MOTION: Move to recommend approval of the zoning map as presented to
the Cairo Village Board
ATTACHMENTS:
Page 7 of 225
1. Cairo Proposed Zoning Map
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Nebraska Highway 11 NNebraska Highway 2 W
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Default Folder: P:\MXD_Files\ArcGIS_Pro\CairoZoning_FLU
Village of Cairo
Proposed Zoning Map
Prepared by the Hall County Regional Planning Commission
Legend
Cairo Village Limits
Parcels
Cairo 1 Mile Zoning Jurisdiction
CairoZoning
AG Agriculture Zone
TA Transitional Agriculture Zone
R-6 Multiple-Family Residential Zone
R-9 Single-Family Residential Zone
GC General Commercial Zone
HC Highway Commercial Zone
I-1 Light Indusrtial Zone
I-2 Heavy Industrial Zone
Village of Cairo
Proposed Zoning Map
Page 9 of 225
AGENDA MEMO
To: Hall County Regional Planning Commission
Agenda: Hall County Regional Planning Commission October 11, 2023
Date: October 11, 2023
Item #: 4.b.
Subject: Public Hearing to consider readoption of the Cairo Zoning Ordinance with
changes as requested by the Cairo Village Board and other changes as suggested by
the Regional Planning Department Staff. Copies of the proposed changes are
available from at the Hall County Regional Planning Department Office located at the
Grand Island City Hall. (C-01-24C)
Staff Contact: Chad Nabity
BACKGROUND: The Village of Cairo has requested that planning department staff and
the Regional Planning Commission review the Cairo Zoning regulations and make
recommendations on potential changes. Specifically they asked that staff draft
language to allow residential uses in the commercial zoning districts and draft language
to allow Churches within the I1- Light Industrial Zoning District as a Permitted
Conditional Use, review the sign regulations and review the allowable square footage
as well as amending the setbacks in the commercial districts. They also requested a
general review of the regulations. Most of this was done and reviewed by the Planning
Commission at the June 2023 planning commission meeting but in reviewing the
ordinances passed by the Village with regard to those changes staff is recommending
that we go through the whole process to readopt those changes and the changes to
allow churches in the I1 zoning district and send this to the Village Board as a package.
RECOMMENDATION: Staff review the specific section of the code requested and did a
general review of other sections. The proposed changes can be found in the attached
ordinance. Staff is suggesting that the Village readopt the zoning regulations as a
complete package not just amending portions of the ordinance. Proposed changes are
shown in red. Underline and italics indicate new language, strike through indicates
language to be removed or replaced.
As part of that review some definitions were changed or moved. This includes adding
the group home definitions that were recommended in 2017. All abbreviations for
zoning districts were reviewed for consistency across the document.
Page 10 of 225
Staff is suggesting adding language to the non-conforming uses section to allow the
Village Board to grant an extension or rebuilding of a non-conforming use in certain
circumstances. This provision is in the Grand Island and Hall County regulations.
Minor changes were made to add clarification to the fee schedule section.
Accessory structures were limited to 50% of the allowable coverage for Residential
districts. In addition notes were added where necessary to provide clarification on the
setback tables. Section 5.16 a table with all of the Lot and Area Requirements for the
districts has been eliminated from the document to avoid confusion in case a change is
made within the district but not on the table. A similar table for quick reference can be
provided with the regulation without being part of the regulation.
Density limitations were added to the multifamily dwellings permitted in the R-3 zoning
district.
The General Commercial GC was amended to allow residential uses with limitations
and professional trades including assembly and fabrication accessory to such uses.
The Sign Schedule was amended to allow more signage in a manner similar to the
regulations in Grand Island.
Article 8 Flood Plain Regulations was updated to the 2017 model ordinance
recommend by the Nebraska Department of Natural Resources and submitted to them
for review and approval. These will meet the latest requirements by the State of
Nebraska and FEMA for compliance with the laws regarding flood plain management
and eligibility to participate in the National Flood Insurance Program.
SAMPLE MOTION: Move to approve as recommended.
ATTACHMENTS:
1. Cairo Zoning 2023 Recommended Updates
Page 11 of 225
CAIRO, NEBRASKA ZONING ORDINANCE UPDATE AND READOPTION JUNE 2023 i
TABLE OF CONTENTS
ARTICLE 1: TITLE AND PURPOSE.....................................................................................................................1
SECTION 1.01 TITLE..............................................................................................................................................1
SECTION 1.02 PURPOSE.........................................................................................................................................1
ARTICLE 2: DEFINITIONS.....................................................................................................................................2
SECTION 2.01 RULES ............................................................................................................................................2
SECTION 2.02 DEFINITIONS...................................................................................................................................2
ARTICLE 3: DISTRICTS AND OFFICIAL MAP...............................................................................................35
SECTION 3.01 DISTRICTS ....................................................................................................................................35
SECTION 3.02 PROVISION FOR OFFICIAL ZONING MAP.......................................................................................35
ARTICLE 4: GENERAL PROVISIONS...............................................................................................................36
SECTION 4.01 PLANNING COMMISSION RECOMMENDATIONS.............................................................................36
SECTION 4.02 DISTRICT REGULATIONS, RESTRICTIONS, BOUNDARY CREATION ...............................................36
SECTION 4.03 JURISDICTION ...............................................................................................................................36
SECTION 4.04 PROVISIONS OF ORDINANCE DECLARED TO BE MINIMUM REQUIREMENTS .................................36
SECTION 4.05 ZONING AFFECTS EVERY BUILDING AND USE .............................................................................36
SECTION 4.06 LOT ..............................................................................................................................................36
SECTION 4.07 REDUCTIONS IN LOT AREA PROHIBITED......................................................................................37
SECTION 4.08 OBSTRUCTIONS TO VISION AT STREET INTERSECTIONS PROHIBITED...........................................37
SECTION 4.09 YARD REQUIREMENTS .................................................................................................................37
SECTION 4.10 DRAINAGE....................................................................................................................................37
SECTION 4.11 PERMITTED OBSTRUCTIONS IN REQUIRED YARDS .......................................................................37
SECTION 4.12 ACCESSORY BUILDINGS AND USES..............................................................................................38
SECTION 4.13 PERMITTED MODIFICATIONS OF HEIGHT REGULATIONS..............................................................38
SECTION 4.14 STRUCTURES INTENDED FOR HUMAN OCCUPANCY .....................................................................38
SECTION 4.15 NONCONFORMING, GENERAL INTENT..........................................................................................39
SECTION 4.16 NONCONFORMING LOTS OF RECORD............................................................................................39
SECTION 4.17 NONCONFORMING STRUCTURES ..................................................................................................39
SECTION 4.18 NONCONFORMING USES...............................................................................................................40
SECTION 4.19 REPAIRS AND MAINTENANCE.......................................................................................................40
SECTION 4.20 USES PERMITTED BY CONDITIONAL USE PERMIT NOT NONCONFORMING USES..........................41
SECTION 4.21 FEES .............................................................................................................................................41
SECTION 4.22 PUBLIC USES................................................................................................................................41
ARTICLE 5: ZONING DISTRICTS......................................................................................................................42
SECTION 5.01 DISTRICTS; USE............................................................................................................................42
SECTION 5.02 DISTRICTS; BOUNDARIES .............................................................................................................42
SECTION 5.03 RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES ............................................................42
SECTION 5.04 ANNEXATION AND CONFORMANCE WITH THE LAND USE PLAN ..................................................43
SECTION 5.05 AG - AGRICULTURAL DISTRICT ...................................................................................................44
SECTION 5.06 TA - TRANSITIONAL AGRICULTURE DISTRICT .............................................................................46
SECTION 5.07 R-9 - SINGLE-FAMILY RESIDENTIAL DISTRICT ............................................................................48
SECTION 5.08 R-6 - MULTIPLE-FAMILY RESIDENTIAL DISTRICT........................................................................49
SECTION 5.09 R-3 - MULTIPLE-FAMILY RESIDENTIAL DISTRICT........................................................................51
SECTION 5.10 MH - MOBILE HOME RESIDENTIAL DISTRICT..............................................................................53
SECTION 5.11 GC GENERAL COMMERCIAL DISTRICT ........................................................................................55
SECTION 5.12 HC - HIGHWAY COMMERCIAL DISTRICT......................................................................................58
SECTION 5.13 I-1 LIGHT INDUSTRIAL DISTRICT .................................................................................................59
SECTION 5.14 I-2 HEAVY INDUSTRIAL DISTRICT................................................................................................61
SECTION 5.15 PUD PLANNED UNIT DEVELOPMENT ..................................................................................64
SECTION 5.14 LOT AND AREA REQUIREMENTS ..................................................................................................69
ARTICLE 6: CONDITIONAL USE PERMITS ...................................................................................................70
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CAIRO, NEBRASKA ZONING ORDINANCE UPDATE AND READOPTION JUNE 2023 ii
SECTION 6.01 GENERAL PROVISIONS .................................................................................................................70
SECTION 6.02 APPLICATION FOR CONDITIONAL USE PERMITS...........................................................................70
SECTION 6.03 PUBLIC HEARING .........................................................................................................................70
SECTION 6.04 DECISIONS....................................................................................................................................70
SECTION 6.05 STANDARDS .................................................................................................................................70
SECTION 6.06 STANDARDS FOR GARAGES..........................................................................................................71
ARTICLE 7: SUPPLEMENTAL REGULATIONS.............................................................................................72
SECTION 7.01 OFF-STREET AUTOMOBILE STORAGE...........................................................................................72
SECTION 7.02 OFF-STREET PARKING: SHARED PARKING REQUIREMENTS .........................................................72
SECTION 7.03 SCHEDULE OF MINIMUM OFF-STREET PARKING AND LOADING REQUIREMENTS ........................73
SECTION 7.04 OFF-STREET PARKING: PARKING FOR INDIVIDUALS WITH DISABILITIES .....................................74
SECTION 7.05 OFF-STREET PARKING DESIGN CRITERIA ....................................................................................75
SECTION 7.06 SIGNS: STANDARD OF MEASUREMENT........................................................................................76
SECTION 7.07 SIGNS: AREA COMPUTATION.......................................................................................................76
SECTION 7.08 SIGN SCHEDULE.....................................................................ERROR! BOOKMARK NOT DEFINED.
SECTION 7.09 SIGNS: SPECIAL CONDITIONS ......................................................................................................77
SECTION 7.10 HOME OCCUPATION STANDARDS.................................................................................................78
SECTION 7.11 WIRELESS COMMUNICATION TOWERS.........................................................................................79
SECTION 7.12 FENCES.........................................................................................................................................84
SECTION 7.13 PERFORMANCE STANDARDS FOR INDUSTRIAL USES....................................................................84
SECTION 7.14 LANDSCAPING REQUIREMENTS....................................................................................................86
SECTION 7.15 WIND ENERGY SYSTEMS..............................................................................................................87
ARTICLE 8: FLOOD PLAIN REGULATIONS....................................ERROR! BOOKMARK NOT DEFINED.
SECTION 8.01 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSESERROR! BOOKMARK NOT
DEFINED.
SECTION 8.02 GENERAL PROVISIONS .................................................................................................................94
SECTION 8.03 DEVELOPMENT PERMIT .........................................................ERROR! BOOKMARK NOT DEFINED.
SECTION 8.04 ESTABLISHMENT OF ZONING DISTRICTS................................ERROR! BOOKMARK NOT DEFINED.
SECTION 8.05 STANDARDS FOR FLOODPLAIN DEVELOPMENT......................ERROR! BOOKMARK NOT DEFINED.
SECTION 8.06: FLOOD FRINGE OVERLAY DISTRICT – INCLUDING AO AND AH ZONES)ERROR! BOOKMARK
NOT DEFINED.
SECTION 8.07: FLOODWAY OVERLAY DISTRICT ...........................................ERROR! BOOKMARK NOT DEFINED.
SECTION 8.08: VARIANCE PROCEDURES .......................................................ERROR! BOOKMARK NOT DEFINED.
SECTION 8.09: NON CONFORMING USES .......................................................ERROR! BOOKMARK NOT DEFINED.
SECTION 8.10: PENALTIES FOR VIOLATION ...................................................ERROR! BOOKMARK NOT DEFINED.
SECTION 8.11: AMENDMENTS .......................................................................ERROR! BOOKMARK NOT DEFINED.
SECTION 8.12: DEFINITIONS..........................................................................ERROR! BOOKMARK NOT DEFINED.
ARTICLE 9: BOARD OF ADJUSTMENT..........................................................................................................108
SECTION 9.01. ESTABLISHMENT ........................................................................................................................108
SECTION 9.02. RULES ........................................................................................................................................108
SECTION 9.03. MEETINGS..................................................................................................................................108
SECTION 9.04. MINUTES....................................................................................................................................108
SECTION 9.05. APPEAL ......................................................................................................................................108
SECTION 9.06. NOTICE.......................................................................................................................................108
SECTION 9.07. FEES ...........................................................................................................................................108
SECTION 9.08. POWERS AND LIMITATIONS........................................................................................................108
SECTION 9.09. ACTION AND VOTE REQUIRED ...................................................................................................109
SECTION 9.10. APPEALS TO DISTRICT COURT....................................................................................................109
ARTICLE 10: AMENDMENT .............................................................................................................................110
SECTION 10.01 AMENDMENTS............................................................................................................................110
SECTION 10.02 PLANNING COMMISSION REVIEW...............................................................................................110
SECTION 10.03 BUILDING INSPECTOR.................................................................................................................110
SECTION 10.04 ZONING & BUILDING PERMITS...................................................................................................111
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CAIRO, NEBRASKA ZONING ORDINANCE UPDATE AND READOPTION JUNE 2023 iii
SECTION 10.05 CERTIFICATE OF OCCUPANCY....................................................................................................111
SECTION 10.06 PENALTIES..................................................................................................................................111
SECTION 10.07 REMEDIES...................................................................................................................................111
ARTICLE 11: COMPREHENSIVE PLAN RELATIONSHIP.........................................................................112
ARTICLE 12: LEGAL STATUS PROVISIONS................................................................................................112
SECTION 12.01 SEPARABILITY............................................................................................................................112
SECTION 12.02 PURPOSE OF CATCH HEADS .......................................................................................................112
SECTION 12.03 REPEAL OF CONFLICTING ORDINANCES.....................................................................................112
SECTION 12.04 EFFECTIVE DATE........................................................................................................................112
Page 14 of 225
ARTICLE 1: TITLE AND PURPOSE
CAIRO, NEBRASKA ZONING ORDINANCE UPDATE AND READOPTION JUNE 2023 1
ARTICLE 1: TITLE AND PURPOSE
Section 1.01 Title
This Ordinance may be known and may be cited and referred to as the Zoning Ordinance of the Village of Cairo,
Nebraska.
Section 1.02 Purpose
This ordinance has been made in accordance with the Cairo Comprehensive Development Plan to promote the
health, safety, and general welfare of the community; to lessen congestion in streets; to secure safety from fire and
other dangers; to provide adequate light and air; to promote the distribution of population, land classifications and
land development to support provisions for adequate transportation, water flows, water supply, drainage, sanitation,
recreation, and other public requirements; to protect property against blight and depreciation; and to secure
economy in governmental expenditures.
Page 15 of 225
ARTICLE 2: DEFINITIONS
CAIRO, NEBRASKA ZONING ORDINANCE UPDATE AND READOPTION JUNE 2023 2
ARTICLE 2: DEFINITIONS
Section 2.01 Rules
For the purpose of this ordinance the following rules shall apply:
2.01.01 Words and numbers used singularly shall include the plural. Words and numbers used in the plural shall
include the singular. Words used in the present tense shall include the future.
2.01.02 The word "persons" includes a corporation, members of a partnership or other business organization, a
committee, board, Board, commission, trustee, receiver, agent or other representative.
2.01.03 The word "shall" is mandatory. The word “may” is permissive.
2.01.04 The words "use", "used", "occupy" or "occupied" as applied to any land or building shall be construed to
include the words "intended", "arranged" or "designed" to be used or occupied.
2.01.05 The word "commission" shall refer to the Hall County Regional Planning Commission.
2.01.06 Undefined words or terms not herein defined shall have their ordinary meaning in relation to the context.
Section 2.02 Definitions
2.02.01 ABANDONMENT shall mean to cease or discontinue a use or activity without intent to resume as
distinguished from short term interruptions such as during periods of remodeling, maintenance, or normal
periods of vacation or seasonal closure.
2.02.02 ABUT, ABUTTING shall mean to border on, be contiguous with or have common property or district
lines, including property separated by an alley
2.02.03 ACCESS OR ACCESS WAY shall mean the place, means, or way by which pedestrians and vehicles shall
have safe, adequate and usable ingress and egress to a property or use as required by this Regulation.
2.02.04 ACCESSORY LIVING QUARTERS shall mean living quarters within an accessory building located on
the same premises with the main building, for use by temporary guests of the occupant of the premises,
such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling unit.
2.02.05 ACCESSORY STRUCTURE shall mean a detached subordinate structure or building located on the same
lot with the principal structure, the use of which is incidental and accessory to that of the principal
structure. Customary accessory structures include farm buildings, garages, carports, and storage sheds.
2.02.06 ACCESSORY USE shall mean a use incidental, related, appropriate and clearly subordinate to the main
use of the lot or building, which accessory use does not alter the principal use of the subject lot or affect
other properties in the district.
2.02.07 ACREAGE shall mean any tract or parcel of land in an agricultural district that does not qualify as a farm
or development.
2.02.08 ADJACENT shall mean near, close, or abutting; for example, an Industrial District across the street or
highway from a Residential District shall be considered as "Adjacent".
2.02.09 ADULT ESTABLISHMENT shall mean any business which offers its patrons services or entertainment
characterized by an emphasis on matter depicting, exposing, describing, discussing or relating to
"specified sexual activities" or "specified anatomical areas," including, but without limitation, adult
bookstores, adult companionship establishments, adult motion picture theaters, adult saunas, adult health
clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult
hotel or motel, and adult body painting studios.
Page 16 of 225
ARTICLE 2: DEFINITIONS
CAIRO, NEBRASKA ZONING ORDINANCE UPDATE AND READOPTION JUNE 2023 3
1.ADULT BOOKSTORE shall mean a bookstore that offers its customers books, movies, or other
novelty items characterized by an emphasis on matter depicting, exposing, describing, discussing or
relating to "specified sexual activities" or "specified anatomical areas.”
2.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."
3.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."
4.ADULT MASSAGE PARLOR, ADULT 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."
5.ADULT MINI-MOTION PICTURE THEATER shall mean a business premises within an enclosed
building with a capacity for less than fifty (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.
6.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."
7.ADULT MOTION PICTURE THEATERS shall mean a business premises within an enclosed
building with a capacity of 50 or more persons used for presenting visual media material if said
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.
8.ADULT NOVELTY BUSINESS shall mean a business that has as a principal activity the sale of
devices that simulate human genitals or devices that are designed for sexual stimulation.
9.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."
2.02.10 ADVERTISING STRUCTURE, ON-SITE shall mean any structure used as an outdoor display,
regardless of size or shape, for the purpose of making anything known, the origin or place of sale of which
is on the property with such structure.
2.02.11 ADVERTISING STRUCTURE, OFF-SITE shall mean any structure used as an outdoor display,
regardless of size or shape, for the purpose of making anything known, the origin or place of sale of which
is not on the property with such structure.
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2.02.12 AGRICULTURAL BUILDINGS shall mean any building or structure which is necessary or incidental to
the normal conduct of a farming operation, including but not limited to, barns, buildings and sheds for
housing livestock, poultry and farm machinery, buildings for the storage or shelter of grain, hay and other
crops, silos, windmills and water storage tanks. Residential buildings on a farming operation are subject
to building codes as adapted for residential structures.
2.02.13 AGRICULTURE shall mean the use of land for agricultural purposes, for obtaining a profit by raising,
harvesting, and selling crops or by the feeding, breeding, management, and sale of, or the produce of,
livestock, poultry, fur-bearing animals, or honeybees, or for dairying and the sale of dairy products, or any
other agricultural or horticultural use. Agricultural use shall not be construed to include any parcel of land
of less than twenty acres or any non-agricultural commercial or industrial development.
2.02.14 ALLEY shall mean a minor public service street or public thoroughfare twenty feet (20’) or less in width,
running through a block of lots primarily for vehicular service access to the rear or side of properties
otherwise abutting on another street. Buildings facing an alley shall not be construed as satisfying the
requirements of this regulation related to frontage on a dedicated street.
2.02.15 ALTERATION shall mean any change, addition or modification to the construction or occupancy of an
existing structure.
2.02.16 AMENDMENT shall mean a change in the wording, context, or substance of this Regulation, or an
addition, deletion or change in the district boundaries or classifications upon the Official Zoning Map.
2.02.17 AMUSEMENT ARCADE shall mean a building or a part of a building where five or more pinball
machines, video games, or other similar player-orientated amusement devices are available and are
maintained for use.
2.02.18 ANIMAL HOSPITAL shall mean a place where animals are given medical care and the boarding of
animals is limited to short-term care incidental to the hospital use.
2.02.19 ANIMAL, DOMESTIC (see Household Pet).
2.02.20 ANTENNA shall mean any attached or external system of wires, poles, rods, reflecting disks or similar
devices used for the transmission or reception of electromagnetic waves. (Also, see Satellite Dish
Antenna and Tower.)
2.02.21 ANTIQUE SHOPS shall mean a place offering primarily antiques for sale. An antique for the purpose of
this ordinance shall be a work of art, piece of furniture, decorative object, or the like, belonging to the past,
at least 30 years old.
2.02.22 APARTMENT shall mean a room or a suite of rooms within an apartment house or multiple family
dwelling arranged, intended or designed for a place of residence of a single family or group of individuals
living together as a single housekeeping unit. (Also, see Dwelling Unit.)
2.02.23 APARTMENT HOUSE (see Dwelling, Multiple Family)
2.02.24 APPROPRIATE shall mean fitting the context of the site and the whole community.
2.02.25 APPURTENANCES shall mean the visible, functional objects accessory to and part of buildings.
2.02.26 ARTISAN PRODUCTION SHOP shall mean a building or portion thereof used for the creation of
original handmade works of art or craft items by more than three but less than six artists or artisans, as
either a principal or accessory use.
2.02.27 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
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performance of fine arts such as, but not limited to, drawing, vocal or instrumental music, painting,
sculpture, and writing.
2.02.28 AUTOMOBILE WRECKING YARD shall mean any lot, or the use of any portion of a lot, for the
dismantling or wrecking of automobiles, tractors, farm machinery, or other motor vehicles, or for the
storage or keeping for sale of parts and equipment resulting from such dismantling or wrecking.
2.02.29 BAR shall mean any establishment whose principal business is serving alcoholic beverages at retail for
consumption on the premises. (Also, see Nightclub.)
2.02.30 BASE FLOOD shall mean the flood, from whatever source, having a one percent (1%) chance of being
equaled or exceeded in any given year, otherwise referred to as the 100-year flood.
2.02.31 BASE FLOOD ELEVATION shall mean that elevation, expressed in feet above mean sea level, to which
flooding can be expected to occur on a frequency of once in every 100 years, or which is subject to a one
percent (1%) or greater chance of flooding in any given year.
2.02.32 BASEMENT shall mean a building space partly or completely underground.
2.02.33 BEACON shall mean any light with one or more beams directed into the atmosphere or directed at one or
more points not on the same zone lot as the light source; also, any light with one or more beams that rotate
or move.
2.02.34 BED AND BREAKFAST INN shall mean a house, or portion thereof, where short-term lodging rooms
and meals are provided, and the operator of which shall live on the premises.
2.02.35 BEDROOM shall mean a room within a dwelling unit planned and intended for sleeping, separable from
other rooms by a door.
2.02.36 BERM shall mean a raised form of earth to provide screening or to improve the aesthetic character.
2.02.37 BEST INTERESTS OF COMMUNITY shall mean interests of the community at large and not interest of
the immediate neighborhood.
2.02.38 BILLBOARD (see Sign, Billboard).
2.02.39 BLOCK shall mean a parcel of land platted into lots and bounded by public streets or by waterways, right-
of-ways, unplatted land, Village/County boundaries, or adjoining property lines.
2.02.40 BLOCK FRONTAGE shall mean that section of a block fronting on a street between two intersecting
streets or other block boundary.
2.02.41 BOARD see “Village Board”.
2.02.42 BOARD OF ADJUSTMENT shall mean that Board that has been created by the Village and which has
the statutory authority to hear and determine appeals from, interpretations of, and variances to the zoning
regulations.
2.02.43 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.
2.02.44 BREW-ON PREMISES STORE shall mean a facility that provides the ingredients and equipment for a
customer to use to brew malt liquor at the store. Brew-on-premises stores do not include the sale of
intoxicating liquor, unless the owner of the brew-on-premises store holds the appropriate liquor license.
2.02.45 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
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Building Height Measurements
fermenting. By definition, these establishments produce no more than 10,000 barrels of beer or ale
annually. The area, by definition, used for brewing, including bottling and kegging shall not exceed 25
percent of the total floor area of the commercial space.
2.02.46 BREWERY shall mean an industrial use that brews ales, beers, meads and/or similar beverages on site.
Breweries are classified as a use that manufactures more than 10,000 barrels of beverage (all beverages
combined) annually.
1.BREWERY, CRAFT shall mean a brew pub or a micro brewery.
2.BREWERY, MICRO shall mean a facility for the production and packaging of malt beverages of low
alcoholic content for distribution, retail or wholesale, on or off premises, with a capacity of not more
than 10,000 barrels per year. The development may include other uses such as standard restaurant,
bar, or live entertainment as otherwise permitted in the zoning district.
2.02.47 BROADCAST TOWER shall mean a structure for the transmission or broadcast of radio, television, radar,
or microwaves which exceeds the maximum height permitted in the district in which it is located;
provided, however, that noncommercial radio towers not exceeding fifty feet (50’) in height shall not be
considered broadcast towers.
2.02.48 BUFFER shall mean a strip of land established to protect one type of land use from another incompatible
land use or between a land use and a private or public road. (Also, see Screening.)
2.02.49 BUILDING shall mean any structure built and maintained for the support, shelter or enclosure of persons,
animals, chattels, or property of any kind, but shall not include temporary buildings as defined in
"Structure, Temporary". Trailers, with or without wheels, shall not be considered buildings.
2.02.50 BUILDING AREA shall mean the sum in square feet of the ground areas occupied by all buildings and
structures on a lot.
2.02.51 BUILDING CODE shall mean the various codes of the Village of Cairo that regulate construction and
requires building, electrical, mechanical, plumbing and other permits to do work regulated by the Uniform
Building Code, and other codes adopted by the Village that pertain to building construction.
2.02.52 BUILDING HEIGHT shall mean the vertical
distance above grade to the highest point of the
coping of a flat roof or to the deck line of a
mansard roof, or to the average height of the
highest gable of a pitched, hipped, or shed roof,
measured from the highest adjoining sidewalk
or ground surface within a five feet (5’)
horizontal distance of the exterior wall of the
building.
2.02.53 BUILDING INSPECTOR shall mean the
Building Inspector of the Village of Cairo,
Nebraska.
2.02.54 BUILDING SETBACK LINE shall mean the
minimum distance, as prescribed by this
regulation, between any property line and the closest point of the building line or face of any building or
structure related thereto.
2.02.55 CAMPGROUND shall mean a parcel of land intended for the temporary occupancy of tents, campers, and
major recreational vehicles for which the primary purpose is recreational, and having open areas that are
natural in character.
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2.02.56 CAR WASH shall mean a building or structure or an area of land with machine or hand operated facilities
for the cleaning, washing, polishing, or waxing of motor vehicles.
2.02.57 CARPORT shall mean a permanent roofed structure with not more than two (2) enclosed sides used or
intended to be used for automobile shelter and storage.
2.02.58 CELLAR shall mean a building space having more than one-half (1/2) of its height below the average
adjoining grade lines.
2.02.59 CEMETERY shall mean land used or intended to be used for the burial of the dead and dedicated for such
purposes, including columbariums, crematoriums, and mausoleums.
2.02.60 CHANNEL shall mean the geographical area located within either the natural or artificial banks of a
watercourse or drainway.
2.02.61 CHARITABLE shall mean a public or semi-public institutional use of a philanthropic, charitable,
benevolent, religious, or eleemosynary character, but not including sheltering or caring of animals.
2.02.62 CHILD CARE CENTER shall mean an establishment other than a public or parochial school, which
provides day care, play groups, nursery schools or education for nine (9) or more children under age 13, at
any one time, from families other than that of the provider. In addition to these regulations, Child Care
Centers shall meet all requirements of the State of Nebraska.
2.02.63 CHILD CARE HOME shall mean an operation in the provider's place of residence which serves at least
four (4), but not more than eight (8) children at any one time, from families other than that of the provider.
A Family Child Care Home provider may be approved to serve no more than two (2) additional school-age
children during non-school hours. In addition to these regulations, Child Care Homes shall meet all
requirements of the State of Nebraska.
2.02.64 CHURCH, STOREFRONT shall mean a religious facility contained within a store or similar structure not
typically used for religious activities that are now used as a meeting place for a congregation. Structures
adapted for congregations including barns, stores, warehouses, old public buildings, and single-family
dwellings.
2.02.65 CLEAR VIEW ZONE shall mean the area of a corner lot closest to the intersection, which is kept free of
visual impairment to allow full view of both pedestrian and vehicular traffic. (Also, see Sight Triangle.)
2.02.66 CLUB shall mean an association of persons (whether or not incorporated), religious or otherwise, for a
common purpose, but not including groups which are organized primarily to render a service carried on as
a business for profit.
2.02.67 CODE shall mean the Municipal Code of the Village of Cairo, Nebraska.
2.02.68 COMMERCIAL FEEDLOT (See “Livestock Feeding Operation).
2.02.69 COMMISSION shall mean the Hall County Regional Planning Commission.
2.02.70 COMMON AREA OR PROPERTY shall mean a parcel or parcels of land, together with the
improvements thereon, the use and enjoyment of which are shared by the Owners of the individual
building sites in a Planned Development or condominium development.
2.02.71 COMMUNITY CENTER shall mean a place, structure, or other facility used for and providing religious,
fraternal, social, and/or recreational programs generally open to the public and designed to accommodate
and serve various segments of the community.
2.02.72 COMPATIBILITY shall mean harmony in the appearance of two or more external design features in the
same vicinity.
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2.02.73 COMPATIBLE USE shall mean a land use that is suitable with, tolerant of, and has no adverse effects on
existing neighboring uses. Incompatibility may be caused by pedestrian or vehicular traffic generation,
volume of goods handled, and environmental elements such as noise, dust, odor, air pollution, glare,
lighting, debris generated, contamination of surface or ground water, aesthetics, vibration, electrical
interference, and radiation.
2.02.74 COMPREHENSIVE PLAN shall mean the Comprehensive Development Plan of Cairo, Nebraska as
adopted by the Village Board, setting forth policies for the present and foreseeable future community
welfare as a whole and meeting the purposes and requirements set forth in the Neb. Rev. Stat. §19-903
(R.R.S.1997).
2.02.75 CONDITIONAL USE shall mean a use conditionally allowed by the district regulations, that would not be
appropriate generally throughout the zoning district without restrictions, but which, if controlled as to
number, size, area, location, relation to the neighborhood or other minimal protective characteristics would
not be detrimental to the public health, safety, and general welfare.
2.02.76 CONDITIONAL USE PERMIT shall mean a permit issued by the Planning Commission and Village
Board that authorizes the recipient to make a conditional use of property in accordance with the provisions
of Article 6 and any additional conditions placed upon, or required by said permit.
2.02.77 CONDOMINIUM shall mean real estate, portions of which are designated for separate ownership and the
remainder of which is designated for common ownership solely by the owners of those portions, pursuant
to the Nebraska Condominium Act, as set forth in Neb. Rev. Stat. §§ 76-825 to 76-894 (R.R.S.1996).
2.02.78 CONFLICTING LAND USE shall mean the use of property which transfers over neighboring property
lines negative economic or environmental effects, including, but not limited to, noise, vibration, odor,
dust, glare, smoke, pollution, and water vapor, or consists of mismatched land uses, density, height, mass,
or layout of adjacent uses, or results in a loss of privacy or unsightly views.
2.02.79 CONGREGATE HOUSING shall mean a residential facility for four or more persons aged fifty-five (55)
years or over, their spouses, or surviving spouses, providing living and sleeping facilities including meal
preparation, dining areas, laundry services, room cleaning and common recreational, social, and service
facilities for the exclusive use of all residents including resident staff personnel who occupy a room or unit
in the residential facility. (Also see Life Care Facility).
2.02.80 CONSERVATION shall mean the management of natural resources to prevent waste, destruction, or
degradation.
2.02.81 CONSERVATION AREA shall mean an area of environmentally sensitive and valuable lands protected
from any activity that would significantly alter their ecological integrity, balance or character, except in
the case of an overriding public interest, including but not limited to: wetlands, floodways, flood plains,
drainage ways, river or stream banks, and areas of significant biological productivity or uniqueness.
2.02.82 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.
2.02.83 CONSTRUCTION AND DEMOLITION (C&D) WASTE SITE shall mean a disposal site utilized for
solid building materials and other wastes associated with construction projects including, but not limited
to, such materials as wood, concrete, drywall, masonry, roofing, siding, structural metal, wire, insulation,
plastics, styrofoam, twine, baling and strapping materials, empty cans, empty buckets, packaging
materials, and empty containers, which employs a method of disposal in a manner that minimizes
environmental hazards in accordance with state and federal requirements.
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2.02.84 CONVENIENCE STORE shall mean a one-story, retail store containing less than two-thousand (2,000)
square feet of gross floor area that is designed and stocked to sell primarily food, beverages, and other
household supplies to customers who purchase only a relatively few items (in contrast to a "supermarket")
It is dependent on, and is designed to attract and accommodate large volumes of stop-and-go traffic.
2.02.85 CONTIGUOUS shall mean the same as "Abut."
2.02.86 COPY CENTER shall mean a retail establishment that provides duplicating services using photocopying,
blueprint, and offset printing equipment, and may include the collating and binding of booklets and
reports.
2.02.87 CORPORATE LIMITS shall mean all land, structures and open space that has been annexed into the
Village’s jurisdiction. This does not include the extraterritorial jurisdiction of the Village.
2.02.88 COURT shall mean an open, unoccupied space, other than a yard, on the same lot with a building or
buildings and abounded on two (2) or more sides by such building or buildings.
1.COURT, INNER shall mean a court enclosed on all sides by the exterior walls of a building or
buildings.
2.COURT, OUTER shall mean a court enclosed on all but one (1) side by exterior walls of building or
buildings or lot lines on which fences, hedges, or walls are permitted.
2.02.89 CUL-DE-SAC shall mean a short public way, which has only one outlet for vehicular traffic and
terminates in a vehicular turn-around.
2.02.90 CURVE LOT (See “Lot, Curve.”).
2.02.91 DATE OF SUBSTANTIAL COMPLETION shall mean the date certified by the local building/zoning
official when the work, or a designated portion thereof is sufficiently complete, so the owner may occupy
the work or designated portion thereof for the use for which it is intended.
2.02.92 DENSITY shall mean the number of dwelling units per gross acre of land.
2.02.93 DENTENTION BASIN shall mean a facility for the temporary storage of stormwater runoff.
2.02.94 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.
2.02.95 DEVELOPMENT shall mean any manmade change to improved or unimproved real estate, including but
not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or
drilling operations for which necessary permits may be required.
2.02.96 DEVELOPMENT CONCEPT PLAN (See Site Plan.).
2.02.97 DEVELOPMENT REVIEW shall mean the review, by the Village, of subdivision plats, site plans,
rezoning requests, or permit review.
2.02.98 DISTRICT OR ZONE shall mean a section or sections of the Zoning Area for which uniform regulations
governing the use of land, the height, use, area, size, and intensity of use of buildings, land, and open
spaces are established.
2.02.99 DOG KENNEL (See Kennel, Commercial; and Kennel, Private).
2.02.100 DOMESTIC ANIMALS (See Household Pet.).
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2.02.101 DOWNZONING shall mean a change in zoning classification of land to a less intensive or more
restrictive district, such as from commercial district to residential district or from a multiple family
residential district to single family residential district.
2.02.102 DRAINAGEWAY shall mean any depression two feet or more below the surrounding land serving to
give direction to a current of water less than nine months of the year, having a bed and well-defined
banks; provided, that when there is doubt as to whether a depression is a watercourse or drainway, it
shall be presumed to be a watercourse.
2.02.103 DRIVE-IN FACILITY shall mean an establishment where customers can be served without leaving the
confinement of their vehicle.
2.02.104 DRIVEWAY shall mean any vehicular access to an off-street parking or loading facility.
2.02.105 DUMP shall mean a place used for the disposal, abandonment, discarding by burial, incineration, or by
any other means for any garbage, sewage, trash, refuse, rubble, waste material, offal or dead animals.
Such use shall not involve any industrial or commercial process.
2.02.106 DUPLEX (See Dwelling, Two (2) Family).
2.02.107 DWELLING shall mean any building or portion thereof which is designed and used exclusively for
residential purposes, excluding mobile homes.
1.DWELLING, MANUFACTURED HOME shall mean a factory-built structure which is to be used
as a place for human habitation, which is not constructed or equipped with a permanent hitch or
other device allowing it to be moved other than to a permanent site, which does not have
permanently attached to its body or frame any wheels or axles, and which bears a label certifying
that it was built in compliance with standards promulgated by the United States Department of
Housing and Urban Development.
2.DWELLING, MOBILE HOME shall mean any prefabricated structure, composed of one or more
parts, used for living and sleeping purposes, shipped or moved in essentially a complete condition
and mounted on wheels, skids or rollers, jacks blocks, horses, skirting or a permanent or temporary
foundation or any prefabricated structure which has been or reasonably can be equipped with
wheels or other devices for transporting the structure from place to place, whether by motive power
or other means. The term mobile home shall include trailer home and camp car, but the definition
shall not apply to any vehicle lawfully operated upon fixed rails.
a).Permanently Attached: Attached to real estate in such a way as to require dismantling, cutting
away, unbolting from permanent continuous foundation or structural change in such mobile
home in order to relocate it on another site in accordance to manufacturers recommendations.
b).Permanent Foundation: Base constructed from either poured concrete or laid masonry rock or
brick and placed on a footing located below ground level to a point below the frost line upon
which a building or structure is permanently attached.
3.DWELLING, MODULAR shall mean any dwelling whose construction consists entirely of or the
major portions of its construction consist of a unit or units not fabricated on the final site for the
dwelling unit, which units are movable or portable until placed on a permanent foundation and
connected to utilities, pursuant to the Nebraska Uniform Standards for Modular Housing Units Act,
as set forth in Neb. Rev. Stat. §§ 71-1557 to 71-1568.01 (Cum.Supp.2000). Further, such dwelling
must also meet or be equivalent to the construction criteria set forth in the Nebraska Uniform
Standards for Modular Housing Units Act. Such dwelling is considered to be a conventional type
single-family dwelling, and those that do not meet the above criteria shall be considered a mobile
home.
4.DWELLING, MULTIPLE FAMILY shall mean a building or buildings designed and used for
occupancy by three (3) or more families, all living independently of each other, and having separate
kitchen and toilet facilities for each family.
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5.DWELLING, SEASONAL shall mean a dwelling designed and used as a temporary residence and
occupied less than six months in each year.
6.DWELLING, SINGLE FAMILY shall mean a building having accommodations for or occupied
exclusively by one family, which meets all the following standards:
a). The home shall have no less than nine hundred (900) square feet of floor area, above grade, for
single story construction;
b). The home shall have no less than an eighteen feet (18’) exterior width;
c). The roof shall be pitched with a minimum vertical rise of two and one-half inches (2-1/2”) for
each twelve inches (12”) of horizontal run;
d). The exterior material shall be of a color, material and scale comparable with existing site-built,
single family residences located in Cairo, NE;
e). The home shall have a non-reflective roof material that is or simulates asphalt or wood
shingles, tile, or rock;
f). The home shall be placed on a continuous permanent foundation and have wheels, axles,
transporting lights, and removable towing apparatus removed, and
g). The home shall meet and maintain the same standards that are uniformly applied to all single-
family dwellings in the zoning district.
h). The home shall have a permanent foundation, to be constructed from either poured concrete or
laid masonry block or brick on a footing to be placed a minimum of forty-two inches (42”)
below the final ground level.
7.DWELLING, SINGLE FAMILY ATTACHED shall mean a portion of a residential building
having accommodations for and occupied exclusively by one family, and which is located on a
separate lot of record apart from the remaining portions of the building. Each such dwelling may be
sold independently of other portions.
8.DWELLING, TOWNHOUSE shall mean a one-family dwelling in a row of at least three (3) such
units in which each unit has its own front and rear access to the outside, no unit is located over
another unit, and each unit is separated from any other unit by one or more vertical wall(s).
9.DWELLING, TWO (2) FAMILY shall mean a building designed or used exclusively for the
occupancy of two (2) families living independently of each other and having separate kitchen and
toilet facilities for each family.
2.02.108 DWELLING UNIT shall mean one or more rooms connected together, constituting a separate,
independent housekeeping establishment for owner occupancy or lease on a weekly, monthly, or longer
basis, and physically separate from any other rooms or dwelling units which may be in the same
structure, and containing independent cooking, toilet and sleeping facilities.
2.02.109 EASEMENT shall mean a grant made by a property owner to the use of land by the public, a
corporation, or persons, for specific purposes, such as access to another property or the construction of
utilities, drainage ways or roadways.
2.02.110 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, and commercial or private trade schools are not included in this definition.
2.02.111 EFFECTIVE DATE shall mean the date that this chapter shall have been adopted, a mended, or the
date land areas became subject to the regulations contained in this chapter as a result of such adoption or
amendment.
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2.02.112 ENCROACHMENT shall mean an obstruction or illegal or unauthorized intrusion into a delineated
floodway, right-of-way, or adjacent property.
2.02.113 ENLARGEMENT shall mean the expansion of a building, structure, or use in volume, size, area,
height, length, width, depth, capacity, ground coverage, or in number.
2.02.114 ERECTED shall mean constructed upon or moved onto a site.
2.02.115 EXPRESSWAY shall mean a street or road that provides fast and efficient movement of large volumes
of vehicular traffic between areas and does not provide direct access to property.
2.02.116 EXTRATERRITORIAL JURISDICTION shall mean the area beyond the corporate limits of the
Village, in which the State has granted the Village the power to exercise zoning jurisdiction and
building regulations.
2.02.117 FAÇADE shall mean the exterior wall of a building exposed to public view from the building’s exterior.
2.02.118 FACTORY shall mean a structure or plant within which something is made or manufactured from raw
or partly wrought materials into forms suitable for use.
2.02.119 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. shall mean a household head and
one or more persons related to the head by blood, marriage or adoption living together in a single dwelling
unit.
2.02.120 FARM an area containing at least twenty (20) acres or more which is used for growing or storage of the
usual farm products such as vegetables, fruit, and grain, as well as for the raising thereon of the usual
farm poultry and farm animals. The term farming includes the operating of such area for one or more of
the above uses with the necessary accessory uses for treating or storing the produce and the feeding of
livestock as hereinafter prescribed provided such accessory uses do not include the feeding of garbage
or offal to swine or other animals.
2.02.121 FARMSTEAD shall mean a tract of land of not less than 2 acres and not more than twenty (20) acres
upon which a farm dwelling and other out-buildings and barns and is used for single-family residential
purposes.
2.02.122 FENCE shall mean a structure serving as an enclosure, barrier or boundary above ground.
1.FENCE, OPEN shall mean a fence, including gates, which has twenty-five percent (25%) or more
of the surface area in open spaces, which affords direct views through the fence.
2.FENCE, SOLID shall mean any fence, which does not qualify as an open fence.
2.02.124 FLOOD shall mean a general and temporary condition of partial or complete inundation of normally dry
land areas from: (1) The overflow of inland or tidal waters, or (2) The unusual and rapid accumulation
of runoff of surface waters from any sources.
2.02.125 FLOOD PLAIN shall mean any land area susceptible to being inundated by water from any source.
2.02.126 FLOOD PROOFING shall mean any combination of structural and non-structural additions, changes,
or adjustments to structures, which reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures and their contents.
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2.02.127 FLOODWAY shall mean the channel of a watercourse and the adjacent land areas that must be reserved
in order to discharge the base flood without cumulatively increasing the water surface elevation more
than a designated height.
2.02.128 FLOOR AREA shall mean the square feet of floor space within the outside line of the walls, including
the total of all space on all floors of the building. Floor area shall not include porches, garages, or
spaces in a basement, cellar, or attic.
2.02.129 FOOD SALES shall mean establishments or places of business primarily engaged in the retail sale of
food or household products for home consumption. Typical uses include groceries, delicatessens, meat
markets, retail bakeries, and candy shops.
1.FOOD SALES, LIMITED shall mean food sales establishments occupying ten-thousand (10,000)
square feet or less of space.
2.FOOD SALES, GENERAL shall mean food sales establishments occupying more than 10,000
square feet of space. Typically a supermarket.
2.02.130 FRONTAGE shall mean that portion of a parcel of property that abuts a dedicated public street or
highway.
2.02.131 GARAGE, PRIVATE shall mean a detached accessory building or a portion of a main building,
including carports, on the same lot as a dwelling, used to house vehicles of the occupants of the
dwelling.
2.02.132 GARAGE, PUBLIC shall mean any garage other than a private garage.
2.02.133 GARAGE, REPAIR shall mean a building designed and used for the storage, care, repair, or refinishing
of motor vehicles including both minor and major mechanical overhauling, paint, and body work.
(Also, see Service Station.).
2.02.134 GARBAGE shall mean any waste food material of an animal or vegetable nature, including that, which
may be used, for the fattening of livestock.
2.02.135 GATED COMMUNITIES shall mean residential areas that restrict access to normally public spaces.
These are subdivisions of usually high-end houses. The type of gates can range from elaborate
guardhouses to simple electronic arms.
2.02.136 GRADE shall mean the average of the finished ground level at the center of all walls of a building. In
the case of walls that are parallel to and within five feet of a sidewalk, the ground level shall be
measured at the sidewalk.
2.02.137 GREENHOUSE shall mean a building or premises used for growing plants, preparing floral
arrangements for off-site delivery to customers, cold storage of flowers or dry storage of materials used
for agricultural or horticultural purposes.
2.02.138 GREENWAY shall mean a parcel or parcels of land, together with the improvements thereon, dedicated
as an easement for access and/or recreation; usually a strip of land set-aside for a walkway, bicycle trail,
bridle path, or other similar access-way.
2.02.139 GROUND COVER shall mean plant material used in landscaping which remains less than twelve inches
(12”) in height at maturity.
2.02.140 GROUND WATER shall mean water occurring beneath the surface of the ground that fills available
openings in the rock or soil materials such that they may be considered saturated.
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2.02.141 GROUP HOME shall include both Group Care Home and Group Home for the Disabled. Group
homes shall be classified by size as follows:
Group Home (Small) shall mean a home designed to accommodate no more than 5 persons and shall be
allowed in all zoning districts that permit single family dwelling units in the same manner as other
dwelling units.
Group Home (Medium) shall mean a facility designed to house between 6 and 16 persons and
shall be permitted in the same manner as other multifamily dwellings in zoning district that permit
multifamily or institutional dwellings.
Group Home (Large) shall mean a facility designed to house more than 16 persons and shall be
permitted in in the same manner as other multifamily dwellings in zoning district that permit multifamily
or institutional dwellings.
2.02.142 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.
2.02.143 GROUP HOME FOR THE HANDICAPPED shall mean a dwelling with resident staff shared by four
or more handicapped persons who live together as a single housekeeping unit and in a long term, family-
like environment in which staff persons provide care, education, and participation in community
activities for the residents with the primary goal of enabling the residents to live as independently as
possible in order to reach their maximum potential. As used herein, the term "handicapped" shall mean
having: (1) A physical or mental impairment that substantially limits one or more of such person's
major life activities so that such person is incapable of living independently; or (2) A record of having
such an impairment.
2.02.144 GROUP HOUSING shall mean two or more separate buildings on a lot, each containing one or more
dwelling units.
2.02.145 GUEST ROOM shall mean a room which is designed to be occupied by one (1) or more guests for
sleeping purposes, having no kitchen facilities, not including dormitories.
2.02.146 HALF-STORY shall mean a story under a sloped roof which has the intersection of the roof line and
exterior wall face not more than three feet (3’) above the floor of such story.
2.02.147 HALFWAY HOUSE shall mean a licensed home for individuals on release from more restrictive
custodial confinement or initially placed in lieu of such more restrictive custodial confinement, living
together as a single housekeeping unit, wherein supervision, rehabilitation and counseling are provided
to mainstream residents back into society, enabling them to live independently.
2.02.148 HARD SURFACE shall mean any impervious surface, such as concrete or asphalt, or other semi-
impervious surface, such as rock or gravel.
2.02.149 HAZARDOUS WASTE shall mean any discarded material, refuse, or waste products, in solid,
semisolid, liquid, or gaseous form, that cannot be disposed of through routine waste management
techniques because they pose a present or potential threat to human health, or to other living organisms,
because of their biological, chemical, or physical properties.
2.02.150 HEALTH CLUB shall mean a privately owned facility operated for profit, such as gymnasiums, athletic
clubs, health clubs, recreational clubs, reducing salons, and weight control establishments.
2.02.151 HEDGE shall mean a plant or series of plants, shrubs or other landscape material, so arranged as to
form a physical barrier or enclosure.
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2.02.152 HOME IMPROVEMENT CENTER shall mean a facility of more than thirty-thousand (30,000) square
feet of gross floor area, engaged in retail sale of various basic hardware lines, such as tools, builders’
hardware, paint and glass, housewares and household appliances, garden supplies, and cutlery.
2.02.153 HOME OCCUPATION shall mean a business or occupation carried on within a residential dwelling or
accessory building by members of the family occupying the dwelling and up to two (2) other employees
that do not reside within the dwelling, provided, however, that the residential character of the dwelling
or accessory building is maintained and the occupation is conducted in such a manner as not to give an
outward appearance nor manifest any characteristic of a business in the ordinary meaning of the term or
constitute a nuisance to neighboring residents. See Section 7.10 for Home Occupation standards.
2.02.154 HOMEOWNERS ASSOCIATION shall mean a private, nonprofit corporation or association of
homeowners of properties in a fixed area, established for the purpose of owning, operating, and
maintaining various common properties and facilities.
2.02.155 HOTEL shall mean a building or portion thereof, or a group of buildings, offering transient lodging
accommodations on a daily rate to the general public and providing services associated with restaurants,
meeting rooms, and recreational facilities. The word "hotel" includes motel, inn, automobile court,
motor inn, motor lodge, motor court, tourist court, and motor hotel.
2.02.156 HOUSEHOLD PET shall mean an animal that is customarily kept for personal use or enjoyment within
the home. Household pet shall include but not be limited to domestic dogs, domestic cats, domestic
tropical birds, fish, and rodents.
2.02.157 IMPERVIOUS SURFACE shall mean a surface that has been compacted or covered with a layer of
material making the surface highly resistant to infiltration by water, such as compacted sand, rock,
gravel, or clay and conventionally surfaced streets, roots, sidewalks, parking lots, and driveways.
2.02.158 INCIDENTAL USE shall mean a use, which is subordinate to the main use of a premise.
2.02.159 INDUSTRY shall mean the manufacture, fabrication, processing, reduction or destruction of any article,
substance or commodity, or any other treatment thereof in such a manner as to change the form,
character, or appearance thereof, including storage elevators, truck storage yards, warehouses, wholesale
storage and other similar types of enterprise.
2.02.160 INFILL DEVELOPMENT shall mean the construction of a building or structure on a vacant parcel
located in a predominantly built up area.
2.02.161 INFILL SITE shall mean any vacant lot, parcel or tract of land within developed areas of the Village,
where at least 80 percent of the land within a 300-foot radius of the site has been developed, and where
water, sewer, streets, schools, and fire protection have already been constructed or are provided.
2.02.162 INOPERABLE MOTOR VEHICLE shall mean any motor vehicle which: (1) Does not have a current
state license plate; or, (2) Which may or may not have a current state license plate, but is disassembled
or wrecked in part or in whole, or is unable to move under its own power, or is not equipped as required
by Nebraska State Law for operation upon streets or highways. A vehicle that is wholly or partially
dismantled shall not be considered inoperable when said vehicle is inside a completely enclosed
building.
2.02.163 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.
2.02.164 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.
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2.02.165 JUICE BAR (See Adult Establishment.).
2.02.166 JUNK shall be any worn-out, cast-off, old, or discarded articles of scrap, copper, brass, iron, steel, rope,
rags, batteries, paper, trash, rubber, debris, waste, dismantled or wrecked automobiles, or parts thereof,
and other old or scrap ferrous or nonferrous material.
2.02.167 JUNK YARD shall mean any lot, land parcel, building, or structure or part thereof for storage,
collection, purchase, sale, salvage, or disposal of machinery, farm machinery, and including motor
vehicles, parts and equipment resulting from dismantling or wrecking, or keeping of junk, including
scrap metals or other scrap materials, with no burning permitted. For motor vehicles, see "Automobile
Wrecking Yard".
2.02.168 KENNEL, BOARDING, or TRAINING shall mean any lot or premises on which four (4) or more dogs
or cats or any combination thereof, at least four (4) months of age, are boarded, bred, or trained for a
fee.
2.02.169 KENNEL, COMMERCIAL shall mean an establishment where four (4) or more dogs or cats, or any
combination thereof, other household pets, or non-farm/non-domestic animals at least four (4) months of
age are groomed, bred, boarded, trained, or sold as a business.
2.02.170 KENNEL, PRIVATE shall mean any premises used for the keeping of less than four (4) dogs, cats, or a
combination thereof, or other non-farm/non-domestic animals by the owner/occupant or occupant of the
premises for the purpose of show, hunting, or as pets. The dogs and cats shall belong to the
owner/occupant or occupant and their keeping shall be accessory to the main use of the premises.
2.02.171 LAGOON shall mean a wastewater treatment facility that is a shallow, artificial pond where sunlight,
bacterial action, and oxygen interact to restore wastewater to a reasonable state of purity. This includes
both human and livestock wastes. All lagoons shall meet the minimum design criteria established by the
Nebraska Department of Environmental Quality and the Nebraska Department of Health and Human
Services. All lagoons shall have the proper permits approved prior to starting construction.
2.02.172 LANDFILL shall mean a disposal site employing a method of disposing solid wastes in a manner that
minimizes environmental hazards in accordance with state and federal requirements.
2.02.173 LANDSCAPE shall mean plant materials, topography, and other natural physical elements combined in
relation to one another and to man-made structures.
2.02.174 LANDSCAPING shall include the original planting of suitable vegetation in conformity with the
requirements of this Regulation and the continued maintenance thereof.
2.02.175 LARGE BOX RETAIL shall mean a singular retail or wholesale user that occupies no less than 30,000
square feet of gross floor area. These uses typically include membership wholesale clubs, emphasizing
in large bulk sales, discount stores, pharmacies, grocery stores, especially warehouse-style point-of-sale
concepts and department stores.
2.02.176 LAUNDROMAT shall mean an establishment that provides home-type washing, drying, and/or ironing
facilities for customers on the premises.
2.02.177 LIFE CARE FACILITY shall mean a facility for the transitional residency of the elderly and/or
disabled persons, progressing from independent living to congregate apartment living where residents
share common meals and culminating in full health and continuing care nursing home facility. (Also,
see Congregate Housing).
2.02.178 LIMITS OF GRADING shall mean the outermost edge of the area in which the existing topography is
to be altered by cutting and/or filling.
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Lot Configurations
2.02.179 LIVESTOCK FEEDING OPERATION (LFO) shall mean the feeding, farrowing, holding, or raising
of beef cattle, dairy cattle, horses, swine, sheep, poultry, or other livestock, in a confined area (buildings,
lots, or pens) which is not used for the growing of crops or vegetation but does not include the holding
of cattle in calving operations for less than ninety (90) days per year, and where the number of animals
so maintained exceeds twenty (20) Animal Units as defined below. The confined area of the LFO shall
include the pens, corrals, sheds, buildings, feed storage areas, waste disposal ponds and related facilities.
Such facilities shall be constructed and operated in conformance with applicable county, state, and
federal regulations. Two (2) or more LFOs under common ownership are deemed to be a single LFO if
they are adjacent (within 1,320 feet) to each other or if they utilize a common area or system for the
disposal of livestock wastes. Animal Units (a.u.) are defined as follows:
One a.u. = One-half (0.5) Horses;
One a.u. = Seven-tenths (0.7) Mature Dairy Cattle;
One a.u. = One (1) Slaughter, Feeder Cattle;
One a.u. = Two (2) Sows with litters;
One a.u. = Two and one-half (2.5) Swine (55 pounds or greater);
One a.u. = Five (5) Ducks,
One a.u. = Ten (10) Sheep;
One a.u. = Twenty-five (25) Weaned Pigs (Less than 55 pounds);
One a.u. = Fifty (50) Turkeys;
One a.u. = One-hundred (100) Chickens.
2.02.180 LOADING SPACE shall mean an off-street space or berth on the same lot with a main building, or
contiguous to a group of buildings, for the temporary parking of commercial vehicles while loading or
unloading, and which abuts a street, alley, or other appropriate means of ingress and egress.
2.02.181 LOT shall mean a parcel or tract of land
which is or may be occupied by a use herein
permitted, together with yards, and other
open spaces herein required, that has
frontage upon a street, and is a part of a
recorded subdivision plat or has been
recorded prior to the adoption of the
Regulation, or a parcel of real property
delineated on an approved record of survey,
lot-split or sub-parceling map as filed in the
office of the County Recorder and abutting
at least one (1) public street or right-of-way,
two (2) thoroughfare easements, or one (1)
private road.
1.LOT AREA shall mean the total area,
on a horizontal plane, within the lot
lines of a lot.
2.LOT, CORNER shall mean a lot located at the intersection of two (2) or more streets at an angle of
not more than one hundred thirty-five (135) degrees. If the angle is greater than one hundred thirty-
five (135) degrees, the lot shall be considered an "Interior Lot". The setbacks for a front yard shall
be met on all abutting streets.
3.LOT, DOUBLE FRONTAGE, or THROUGH shall mean a lot having a frontage on two non-
intersecting streets as distinguished from a corner lot.
4.LOT, FLAG shall mean an interior lot, the majority of which has frontage and access provided by
means of a narrow corridor.
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5.LOT, INTERIOR shall mean a lot other than a corner lot.
6.LOT, NONCONFORMING shall mean a lot having less area or dimension than that required in the
district in which it is located and which was lawfully created prior to the zoning thereof whereby
the larger area or dimension requirements were established, or any lot, other than one shown on a
plat recorded in the office of the County Registrar of Deeds, which does not abut a public road or
public road right-of-way and which was lawfully created prior to the effective date of this
Regulation.
7.LOT OF RECORD shall mean a lot or parcel of land, the deed to which has been recorded in the
records of the County Registrar of Deeds at the time of the passage of a regulation establishing the
zoning district in which the lot is located.
2.02.182 LOT COVERAGE shall mean the portion of a lot or building site which is occupied by any building or
structure, excepting paved areas, walks and swimming pools, regardless of whether said building or
structure is intended for human occupancy or not.
2.02.183 LOT DEPTH shall mean the horizontal distance between the front and rear lot lines measured in the
mean direction of the side lot lines.
2.02.184 LOT FRONTAGE shall mean the side of a lot abutting on a legally accessible street right-of-way other
than an alley or an improved county road. For the purposes of this definition, on corner lots, all sides of
a lot adjacent to streets or roads shall be considered frontage.
2.02.185 LOT LINE shall mean the property line bounding a lot.
1.LOT LINE, FRONT shall mean the property line abutting a street.
2.LOT LINE, REAR shall mean a lot line not abutting a street which is opposite and most distant
from the front lot line.
3.LOT LINE, SIDE shall mean any lot line not a front lot line or rear lot line.
2.02.186 LOT WIDTH shall mean the average horizontal distance between the side lot line, measured at right
angles to the lot depth at a point midway between the front and rear lot lines.
2.02.187 MANUFACTURED HOME (See Dwelling, Manufactured Home)
2.02.188 MANUFACTURED or MOBILE HOME PARK shall mean a parcel of land under single ownership
that has been planned and improved for the placement of manufactured or mobile housing used or to be
used for dwelling purposes and where manufactured or mobile home spaces are not offered for sale or
sold. The terms "manufactured home park" or “mobile home park” do not include sales lots on which
new or used manufactured or mobile homes are parked for the purposes of storage, inspection, or sale.
2.02.189 MANUFACTURED or MOBILE HOME SUBDIVISION shall mean a parcel of land that has been
subdivided and used or intended to be used for the purpose of selling lots for occupancy by
manufactured or mobile homes.
2.02.190 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.
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2.02.191 MASSAGE PARLOR shall mean an establishment other than a regularly licensed and established
hospital or dispensary where non-medical manipulative exercises or devices are practiced upon the
human body manually or otherwise by any person other than a licensed physician, surgeon, dentist,
occupational or physical therapist, chiropractor or osteopath with or without the use of therapeutic,
electrical, mechanical, or bathing devices. (Also, see Adult Uses.)
2.02.192 MECHANICAL EQUIPMENT shall mean equipment, devices, and accessories, the use of which
relates to water supply, drainage, heating, ventilating, air conditioning, and similar purposes.
2.02.193 MINI-STORAGE OR MINI-WAREHOUSE (see Self-Service Storage Facility.)
2.02.194 MISCELLANEOUS STRUCTURES shall mean structures, other than buildings, visible from public
ways. Examples are memorials, stagings, antennas, water tanks and towers, sheds, shelters, fences, and
walls, kennels, and transformers.
2.02.195 MIXED USE shall mean properties where various uses, such as office, commercial, institutional, and
residential are combined in a single building or on a single site in an integrated development project
with significant functional interrelationships and a coherent physical design.
2.02.196 MOBILE HOME (See Dwelling, Mobile Home)
2.02.197 MOBILE HOME PARK (See Manufactured or Mobile Home Park.)
2.02.198 MOBILE HOME SUBDIVISION (See Manufactured or Mobile Home Subdivision.).
2.02.199 MOTEL (See Hotel.).
2.02.200 MOTOR VEHICLE shall mean every self-propelled land vehicle, not operated upon rails, except self-
propelled wheel chairs.
2.02.201 NIGHTCLUB shall mean a commercial establishment dispensing beverages for consumption on the
premises and in which dancing is permitted or entertainment is provided. (Also, see Bar.)
2.02.202 NON-COMMUNITY WATER SUPPLY SYSTEM shall mean any public water supply system that is
not a community water supply system.
2.02.203 NON-CONFORMING BUILDING shall mean a building or portion thereof which was lawful when
established but which does not conform to subsequently established zoning or zoning regulations.
2.02.204 NON-CONFORMING USE shall mean a use that was lawful when established but which does not
conform to subsequently established zoning or zoning regulations.
2.02.205 NON-FARM BUILDINGS shall mean all buildings except those buildings utilized for agricultural
purposes on a farmstead of twenty acres or more which produces one thousand dollars or more of farm
products each year.
2.02.206 NUISANCE shall mean anything that interferes with the use or enjoyment of property, endangers
personal health or safety, or is offensive to the senses such as noise, dust, odor, smoke, gas, pollution,
congestion, lighting, and litter.
2.02.207 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.
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2.02.208 NURSING HOMES or CONVALESCENT HOMES shall mean an institution or agency licensed by
the State for the reception, board, care, or treatment of three (3) or more unrelated individuals, but not
including facilities for the care and treatment of mental illness, alcoholism, or narcotics addiction.
2.02.209 OFFICE shall mean a building or a portion of a building wherein services are performed involving,
primarily, administrative, professional, or clerical operations.
2.02.210 OFFICIAL ZONING DISTRICT MAP shall mean a map delineating the boundaries of zoning districts
which, along with the zoning text, is officially adopted by the Cairo Village Board.
2.02.211 OFF-STREET PARKING AREA shall mean all off street areas and spaces designed, used, required, or
intended to be used for parking, including driveways or access ways in and to such areas.
2.02.212 OPEN LOT shall mean a pen or similar concentrated area, including small shed-type areas or open-front
buildings, with dirt, or concrete (or paved or hard) surfaces, wherein animals or poultry are substantially
or entirely exposed to the outside environment except for possible small portions affording some
protection by windbreaks or small shed-type areas.
2.02.213 OPEN SPACE shall mean a parcel or parcels of land, together with the improvements thereon,
primarily set aside for recreational use and enjoyment, exclusive of land areas used for streets, alleys,
roads, driveways, parking areas, structures, and buildings.
2.02.214 OPEN SPACE, COMMON shall mean a separate and distinct area set aside as open space within or
related to a development, and not on individually owned lots or dedicated for public use, but which is
designed and intended for the common use or enjoyment of the residents of the development. Rights-of-
way, private streets, driveways, parking lots or other surfaces designed or intended for vehicular use or
required yards shall not be included as common open space.
2.02.215 OUTDOOR ADVERTISING (see "Advertising Structure" and "Sign").
2.02.216 OVERLAY DISTRICT shall mean a district in which additional requirements are imposed upon a use,
in conjunction with the underlying zoning district. The original zoning district designation does not
change.
2.02.217 OWNER shall mean one or more persons, including corporations, who have title to the property,
building or structure in question.
2.02.218 PAINTBALL COURSE shall mean a commercial recreational park containing obstacle courses for the
purpose of staging paintball battles. Said facility generally collects a fee, either as membership or on a
visit by visit basis, that allows individuals to participate in paintball activities.
2.02.219 PARCEL shall mean a lot or a contiguous group of lots in single ownership or under single control,
which may be considered as a unit for purposes of development.
2.02.220 PARK shall mean any public or private land available for recreational, educational, cultural, or aesthetic
use.
2.02.221 PARKING AREA, PRIVATE shall mean an area, other than a street, used for the parking of automotive
vehicles capable of moving under their own power and restricted from general public use.
2.02.222 PARKING AREA, PUBLIC shall mean an area, other than a private parking area or street used for the
parking of vehicles capable of moving under their own power, either free or for remuneration.
2.02.223 PARKING SPACE, AUTOMOBILE shall mean an area, other than a street or alley, reserved for the
parking of an automobile, such space having a dimension not less than nine (9) feet by twenty (20) feet,
plus such additional area as is necessary to afford adequate ingress and egress.
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2.02.224 PARKWAY shall mean an arterial highway with full or partial control of access, and located within a
park or ribbon of park like development.
2.02.225 PERFORMANCE GUARANTEE shall mean a financial guarantee to ensure that all improvements,
facilities, or work required by this chapter will be completed in compliance with these regulations as
well as with approved plans and specifications of a development.
2.02.226 PERMANENT FOUNDATION shall mean a base constructed from either poured concrete or laid
masonry rock, block or brick and placed on a footing located below ground level to a point below the
frost line upon which a building or structure is permanently attached. Such foundation may be
continuous, or an engineered pier system.
2.02.227 PERMANENT TREE PROTECTION DEVICES shall be structural measures, such as retaining walls
or aeration devices that are designed to protect the tree and its root systems throughout its lifetime.
2.02.228 PERMANENTLY ATTACHED shall mean attached to real estate in such a way as to require
dismantling, cutting away, unbolting from permanent foundation or structural change in such structure
in order to relocate it to another site.
2.02.229 PERSON shall mean an individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, Village, County, special district or any other
group or combination acting as an entity, except that it shall not include Cairo, Nebraska.
2.02.230 PLANNED DEVELOPMENT shall mean a development designed to provide for an unusual or
different arrangement of residential, business, or industrial uses in accordance with an approved
development plan.
2.02.231 PLANNING COMMISSION shall mean the Planning Commission of Cairo, Nebraska.
2.02.232 PLANT MATERIALS shall mean trees, shrubs, vines, ground covers, grass, perennials, annuals, and
bulbs and other such vegetation.
2.02.233 PLAT shall mean a map showing the location, boundaries, and legal description of individual properties.
2.02.234 POLICY shall mean a statement or document of the Village, such as the comprehensive plan, that forms
the basis for enacting legislation or making decisions.
2.02.235 PREMISES shall mean a tract of land, consisting of one lot or irregular tract, or more than one lot or
irregular tract, provided such lots or tracts are under common ownership, contiguous, and used as a
single tract. A building or land within a prescribed area.
2.02.236 PRINCIPAL STRUCTURE shall mean the main building or structure on a lot, within which the main
or primary use of the lot or premises is located.
2.02.237 PROMOTIONAL DEVICE shall mean any sign intended to be displayed either with or without a
frame, with or without characters, letters, illustrations, or other material, on a fabric of any kind.
National flags, flags of political subdivisions, or symbolic flags of any institutions or business shall be
considered a promotional device for the purpose of this definition. Banners, pennants, inflatable
characters, streamers, or fringe-type ribbons or piping shall be considered as a promotional device.
2.02.238 PROTECTED ZONE shall mean all lands that fall outside the buildable areas of a parcel, all areas of a
parcel required to remain in open space, and/or all areas required as landscaping strips according to the
provisions of the Zoning Regulation.
2.02.239 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.
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2.02.240 PUBLIC WATER SUPPLY shall mean a water supply system designed to provide public piped water
fit for human consumption, if such system has at least fifteen (15) service connections or regularly
serves at least twenty-five (25) individuals. This definition shall include: (1) Any collection, treatment,
storage, or distribution facilities under the control of the operator of such system and used primarily in
connection with such system; and (2) Any collection or pretreatment storage facilities not under such
control which are used primarily in the connection with such system.
2.02.241 RAILROAD shall mean the land use including the right-of-way (R. O. W.) abutting railroad properties
occupied by uses pertinent to the railroad operation and maintenance, but not including properties
owned by the railroad and leased for use by others.
2.02.242 RECREATIONAL FACILITY shall mean facilities for the use by the public for passive and active
recreation including tennis, handball, racquetball, basketball, track and field, jogging, baseball, soccer,
skating, swimming, or golf. This shall include country clubs and athletic clubs, but not facilities
accessory to a private residence used only by the owner and guests, nor arenas or stadiums used
primarily for spectators to watch athletic events. In addition, recreational facilities shall mean museums,
amphitheaters, race tracks (including all motor powered vehicles) and wildlife conservation areas (used
for public viewing), and theme parks.
2.02.243 RECREATIONAL VEHICLE (RV) shall mean a vehicular unit less than forty feet (40’) in overall
length, eight feet (8’) in width, or twelve feet (12’) in overall height, primarily designed as a temporary
living quarters for recreational camping or travel use having either its own power or designed to be
mounted on or drawn by a motor vehicle. Recreational vehicle includes travel trailer, park trailer,
camping trailer, truck camper, motor home, and van conversion, as defined by Neb. Rev. Stat. §71-4603
(Cum. Supp. 2002).
2.02.244 RECREATIONAL VEHICLE (RV) PARK shall mean a tract of land upon which two or more
recreational vehicle sites are located, established, or maintained for occupancy by recreational vehicles
of the general public as temporary living quarters for recreation or vacation purposes by campers,
vacationers, or travelers.
2.02.245 RESIDENCE shall mean a building used, designed, or intended to be used as a home or dwelling place
for one (1) or more families.
2.02.246 RESTAURANT shall mean a public eating establishment operated for profit at which the primary
function is the preparation and serving of food primarily to persons seated within the building.
1.RESTAURANT, DRIVE-IN shall mean a restaurant establishment that has the facilities to serve
prepared food and/or beverages to customers seated within motor vehicles for consumption either
on or off the premises.
2.RESTAURANT, ENTERTAINMENT shall mean a restaurant establishment where food and drink
are prepared, served, and consumed, within a building or structure that integrally includes electronic
and mechanical games of skill, simulation, and virtual reality, play areas, video arcades or similar
uses, billiards, and other forms of amusement.
3.RESTAURANT, FAST FOOD shall mean a restaurant establishment whose principal business is
the sale of food and/or beverages in ready-to-consume individual servings, for consumption either
within the establishment, for carryout, or drive-in; and where food and/or beverages are usually
served in paper, plastic, or other disposable containers.
2.02.247 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.
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2.02.248 RETENTION BASIN shall mean a pond, pool, or basin used for the permanent storage of stormwater
runoff.
2.02.249 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.
2.02.250 REZONING shall mean an amendment to or change in the zoning regulations either to the text or map
or both.
2.02.251 REZONING, PIECEMEAL shall mean the zoning reclassification of individual lots resulting in
uncertainty in the future compatible development of the area.
2.02.252 RIGHT-OF-WAY shall mean an area or strip of land, publicly owned, on which an irrevocable right of
passage has been dedicated, recorded, or otherwise legally established for the use of vehicles or
pedestrians or both.
2.02.253 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.)
2.02.254 ROAD, PUBLIC shall mean all public rights-of-way reserved or dedicated for street or road traffic.
(Also, see Right-of-Way and Street.)
2.02.255 ROOM shall mean an unsubdivided portion of the interior of a dwelling unit, excluding bathroom,
kitchen, closets, hallways, and service porches.
2.02.256 SATELLITE DISH ANTENNA shall mean a round, parabolic antenna incorporating a reflective
surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, or cone and used
to transmit and/or receive radio or electromagnetic waves.
2.02.257 SCHOOL, DAY, PRE-, or NURSERY shall mean a school or center for children under school age,
whether licensed as a day care center or not. Such shall be approved by the Nebraska State Fire
Marshall as being in conformance with safety provisions pursuant to the National Fire Protection
Association, Pamphlet 101, known as the Life Safety Code and shall be approved by the Nebraska
Department of Health and Welfare as meeting their health and welfare standards.
2.02.258 SCREENING shall mean a structure of planting that conceals from view from public ways the area
behind such structure or planting.
2.02.259 SELECTIVE CLEARING shall be the careful and planned removal or trees, shrubs, and plants using
specific standards and protection measures.
2.02.260 SELF-SERVICE STATION shall mean an establishment where motor fuels are stored and dispensed
into the fuel tanks of motor vehicles by persons other than the service station attendant and may include
facilities available for the sale of other retail products.
2.02.261 SELF-SERVICE STORAGE FACILITY shall mean a building or group of buildings containing
individual, compartmentalized, and controlled access stalls or lockers for storage.
2.02.262 SEPARATE OWNERSHIP shall mean ownership of a parcel of land by a person who does not own
any of the land abutting such parcel.
2.02.263 SEPTIC SITE shall mean the area bounded by the dimensions required for the proper location of the
septic tank system.
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2.02.264 SERVICE STATION shall mean buildings and premises where the primary use is the supply and
dispensing at retail of motor fuels, lubricants, batteries, tires, and motor vehicle accessories and where
light maintenance activities such as engine tune-ups, lubrications, and washing may be conducted, but
not including heavy maintenance and repair such as engine overhauls, painting, and body repair.
2.02.265 SETBACK LINE MEASUREMENT shall mean the shortest perpendicular distance between any
property line and the nearest point on the face of any wall of the building, at grade level.
2.02.266 SETBACK, FRONT YARD shall mean the distance which defines the depth of the required front yard.
Said setback shall be measured to a line parallel with the right-of-way line or highway setback line when
one has been established.
2.02.267 SETBACK, REAR YARD OR SIDE YARD shall mean the distance which defines the width or depth of
the required rear or side yard. Said setback shall be measured to a line parallel with the property line,
removed therefrom by the perpendicular distance prescribed for the yard in the district.
2.02.268 SHOPPING CENTER shall mean a group of commercial establishments planned, constructed, and
managed as a total entity with customer and employee parking provided on-site, provisions for goods
delivery that is separated from customer access, aesthetic considerations, and protection from the
elements.
2.02.269 SHOPPING CENTER, COMMERCIAL STRIP shall mean a commercial development, usually one
store deep, that fronts on a major street for a distance of one Village block or more. Includes individual
buildings on their own lots, with or without on-site parking and small linear shopping centers with
shallow on-site parking in front of the stores.
2.02.270 SHRUB shall mean a multi-stemmed woody plant other than a tree.
2.02.271 SIDEWALK CAFE shall mean an area adjacent to a street level eating or drinking establishment
located adjacent to the public pedestrian walkway and used exclusively for dining, drinking, and
pedestrian circulation. The area may be separated from the public sidewalk by railings, fencing, or
landscaping or a combination thereof.
2.02.272 SIGHT TRIANGLE is an area at a street intersection
in which nothing shall be erected, placed, planted, or
allowed to grow in such a manner as to materially
impede vision between a height of two and one-half
feet (2 ½’) and ten feet (10’) above the grades of the
bottom of the curb of the intersecting streets, measured
from the point of intersection of the centerline of the
streets, sixty feet (60’) in each direction along the
centerline of the streets. At the intersection of major or
arterial streets, the sixty feet (60’) distance shall be
increased to ninety feet (90’) for each arterial leg of the
intersection.
2.02.273 SIGN shall mean and include any outdoor sign,
display, declaration, device, figure, drawing, illustration, message, placard, poster, billboard, insignia, or
other things which are designed, intended, or used for direction, information, identification, or to
advertise, to inform, or to promote any business, product activity, service, or any interest, except the
following:
a). A name plate or sign designating location, direction, information, or identification, providing the
surface area or face of such sign does not exceed ten (10) square feet.
b). Signs less than twenty-five (25) square feet in surface area advertising activities conducted on the
premise, products grown, made, or produced on the premise.
c). Signs less than fifty (50) square feet in area and less than 25 feet in height that are of a public or
quasi-public nature, or other official notices that are authorized by the State of Nebraska, Village of
Sight Triangle - Arterial
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CAIRO, NEBRASKA ZONING ORDINANCE UPDATE AND READOPTION JUNE 2023 25
Sign, Architectural Canopy, Awning or Canopy
Sign, Banner
Cairo, or a Federal Government Agency, as well as any directional, informational, or other official
signs or notices authorized by law.
1.SIGN, ADVERTISING shall mean a sign which directs attention to any product, activity, or
service; provided, however, that such sign shall not be related or make reference to the primary use,
business activity, or service conducted on the premises.
2.SIGN, ANIMATED shall mean any sign that uses movement or change of lighting to depict action
or create a special effect or scene.
3.SIGN, ANNOUNCEMENT shall mean a small
announcement or professional signs, not over six (6)
square feet in area, except that an announcement
sign or bulletin board not over 18 square feet in
area, set back at least 20 feet from any highway,
street, road, or roadway easement may be erected in
connection with any of the permitted principal uses
of a nonresidential nature.
4.SIGN, ARCHITECTURAL CANOPY shall mean
an enclosed, illuminated or non-illuminated
structure attached to the wall of a building with the
face of the sign approximately parallel to the wall,
with the sign's area integrated into its surface.
5.SIGN AREA shall mean the entire area including the background of a sign on which copy can be
placed but not including the minimal supporting framework or bracing. The area of individually
painted letter signs, individual letter signs or directly or indirectly illuminated individual letter
signs, shall be calculated on the basis of the smallest geometric figure that will enclose the entire
copy area of the sign. Any such calculation shall include the areas between the letters and lines, as
well as the areas of any devices, illuminated or non-illuminated.
6.SIGN, AWNING OR CANOPY shall mean any
sign that is a part of or attached to an awning,
canopy, or other fabric, plastic, or structural
protective cover over a door, entrance, window,
or outdoor service area. A marquee is not a
canopy.
7.SIGN, BANNER shall mean any sign of
lightweight; fabric or similar material that is
permanently mounted to a pole or building by a
permanent frame at one or more edges. National
flags, state or municipal flags, or official flag of
any institution or business shall not be
considered banners.
8.SIGN, BILLBOARD shall mean a sign that identifies or communicates a commercial or
noncommercial message related to an activity conducted, a service rendered, or a commodity sold
at a location other than where the sign is located.
9.SIGN, BUILDING shall mean any sign supported by, painted on or otherwise attached to any
building or structure.
10.SIGN, BUILDING MARKER shall mean any sign indicating the name of a building and date and
incidental information about its construction, which sign is cut into a masonry surface or made of
bronze or other permanent material.
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11.SIGN, CHANGEABLE COPY shall mean a sign or portion thereof with characters, letters, or
illustrations that can be changed or rearranged without, altering the face or the surface of the sign. A
sign on which the message changes more than eight times per day shall be considered an animated
sign and not a changeable copy sign for purposes of this ordinance. A sign on which the only copy
changes is an electronic or mechanical indication of time or temperature shall be considered a “time
and temperature” portion of a sign and not a changeable copy sign for purposes of this ordinance.
12.SIGN, CLOSED shall mean a sign in which more than fifty percent (50%) of the entire area is solid
or tightly closed or covered.
13.SIGN, COMMERCIAL MESSAGE shall mean any sign wording, logo, or other representation
that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or
other commercial activity.
14.SIGN, DESTINATION shall mean a sign used to inform and direct the public to important public
places and buildings, landmarks, and historical sites in the most simple, direct, and concise manner
possible.
15.SIGN, ELECTRONIC MESSAGE BOARD shall mean a sign that uses changing lights to form a
sign message or messages wherein the sequence of messages and the rate of change is electronically
programmed and can be modified by electronic processes.
16.SIGN, FLASHING shall mean a sign, which, by method or manner of illumination, flashes on or
off, winks, or blinks with varying light intensity, shows motion, or creates the illusion of being on
or off.
17.SIGN, FREESTANDING shall mean any sign supported by uprights or braces placed on or in the
ground, which is used principally for advertising or identification purposes and is not supported by
any building.
18.SIGN, GROUND shall mean a sign mounted directly to the ground with a maximum height not to
exceed six feet (6’).
19.SIGN, ILLUMINATED shall mean a sign illuminated in any manner by an artificial light source.
20.SIGN, INCIDENTAL shall mean a sign, generally informational, that has a purpose secondary to
the use of the zone lot on which it is located, such as “no parking,” “entrance,” “loading only,”
“telephone,” and other similar directives. No sign with a commercial message legible from a
position off the zone lot on which the sign is located shall be considered incidental.
21.SIGN, MARQUEE shall mean any permanent roof-like structure projecting beyond a building or
extending along and projecting beyond the wall of the building, generally designed and constructed
to provide protection from the weather.
22.SIGN, NAMEPLATE shall mean a sign not exceeding two (2) square feet for each dwelling.
23.SIGN, NON-CONFORMING shall mean any sign that does not conform to the requirements of
this ordinance.
24.SIGN, OBSOLETE shall mean a sign that advertises a business no longer in existence or a product
no longer offered for sale and has advertised such business or product for a period of six (6) months
after the termination of the existence of such business or the termination of sale of the product
advertised.
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CAIRO, NEBRASKA ZONING ORDINANCE UPDATE AND READOPTION JUNE 2023 27
Sign, Projecting
Sign, Billboard and Off-Premises
25.SIGN, OFF-PREMISES shall mean a sign
including the supporting sign structure which
directs the attention of the general public to a
business, service, or activity not usually conducted,
or a product not offered or sold, upon the premises
where such sign is located.
26.SIGN, ON-PREMISE shall mean a sign, display,
or device-advertising activities conducted on the
property on which such sign is located.
27.SIGN, OPEN shall mean a sign attached to or hung
from a marquee, canopy, or other covered structure,
projecting from and supported by the building and
extending beyond the building wall, building line,
or street lot line.
28.SIGN, PENNANT shall mean any lightweight plastic, fabric, or other material, whether or not
containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed
to move in the wind.
29.SIGN, POLE shall mean a sign that is mounted on a freestanding pole or other support so that the
bottom edge of the sign face is six feet (6’) or more above grade.
30.SIGN, PORTABLE shall mean a sign, usually of a temporary nature, not
securely anchored to the ground or to a building or structure and which
obtains some or all of its structural stability with respect to wind or other
normally applied forces by means of its geometry or character. Examples
are: menu and sandwich board signs, balloons used as signs, umbrellas
used for advertising, and signs attached to or painted on vehicles parked
and visible from the public right-of-way, unless said vehicle is used in the
normal day-to-day operations of the business.
31.SIGN, PROJECTING shall mean a projecting sign attached to a building
in such a manner that its leading edge extends more than eight inches (8”)
beyond the surface of such building or wall.
32.SIGN, REAL ESTATE shall mean a temporary sign that identifies
property or properties that are for sale or lease.
33.SIGN, ROOF shall mean a sign identifying the name of a business,
enterprise, or the product sold on the premises and erected on and over the
roof of a building and extending vertically above the highest portion of
the roof.
34.SIGN, ROOF (INTEGRAL) shall mean any sign erected or constructed as an integral or essentially
integral part of a normal roof structure of any design, such that no part of the sign extends vertically
above the highest portion of the roof and such that no part of the sign is separated from the rest of
the roof by a space of more than six inches (6’).
35.SIGN, SETBACK shall mean the horizontal distance from the property line to the nearest
projection of the existing or proposed sign.
36.SIGN, SUBDIVISION identification shall mean a sign erected on a subdivision identification lot
that identifies the platted subdivision where the sign is located.
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Sign, Subdivision
Sign, Wall
37.SIGN, SURFACE shall mean the entire area of a
sign.
38.SIGN, SUSPENDED shall mean a sign that is
suspended from the underside of a horizontal
plane surface and is supported by such surface.
39.SIGN, TEMPORARY shall mean a sign
constructed of cloth, fabric, or other material with
or without a structural frame intended for a limited
period of display, including displays for holidays
or public demonstrations. Temporary signs shall
include portable signs as defined in this section.
40.SIGN, WALL shall mean any sign attached parallel to,
but within eight inches of, a wall, painted on the wall
surface of, or erected and confined within the limits of an
outside wall of any building or structure, which is
supported by such wall or building, and which displays
only one sign surface.
41.SIGN, WINDOW shall mean any sign, pictures, symbol,
or combination thereof, designed to communicate
information about an activity, business, commodity,
event, sale, or service, that is placed inside a window or
upon the window panes or glass and is visible from the
exterior of the window.
2.02.274 SIMILAR USE shall mean the use of land, buildings, or
structures of like kind or general nature with other uses within a zoning district as related to bulk,
intensity of use, traffic generation and congestion, function, public services requirements, aesthetics or
other similarities.
2.02.275 SITE BREAK shall mean a structural or landscape device used to interrupt long vistas and create visual
interest in a site development.
2.02.276 SITE PLAN shall mean a plan, prepared to scale, showing accurately and with complete dimensioning,
the boundaries of a site and the location of all buildings, structures, uses, drives, parking, drainage,
landscape features, and other principal site development improvements for a specific parcel of land.
2.02.277 SKATE, IN-LINE shall mean a boot-type device, which is placed on an individual’s feet. In-line skates
contain wheels on the bottom of the boot, which are attached in linear fashion.
2.02.278 SKATE PARK shall mean a recreational facility containing skateboard ramps and other obstacle courses
and devices for the use with skateboards and in-line skates.
2.02.279 SKATEBOARD shall mean a foot board mounted upon four or more wheels and is usually propelled by
the user who sometimes stands, sits, kneels, or lays upon the device while it is in motion.
2.02.280 SKATEBOARD HALF PIPE shall mean an outdoor structure that is shaped into a half circle or oval,
that is designed and principally intended to permit persons on skateboards to move continuously from
one side to the other.
2.02.281 SKATEBOARD RAMP shall mean an outdoor structure with an upward inclined surface, essentially
one of the sides of a pipe, which are designed and principally intended to permit persons on skateboards
to move from horizontal to vertical and back to horizontal.
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CAIRO, NEBRASKA ZONING ORDINANCE UPDATE AND READOPTION JUNE 2023 29
2.02.282 SLUDGE shall mean solids removed from sewage during wastewater treatment and then disposed of by
incineration, dumping, burial, or land application.
2.02.283 SOLID WASTE shall mean waste materials consisting of garbage, trash, refuse, rubble, sewage, offal,
dead animals, or paunch manure.
2.02.284 SPECIFIED ANATOMICAL AREAS shall mean anatomical areas consisting of less than completely
and opaquely covered human genitals, buttock, or female breast(s) below a point immediately above the
top of the areola.
2.02.285 SPECIFIED SEXUAL ACTIVITIES shall mean sexual activities prohibited by the Revised Nebraska
State Statutes.
2.02.286 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.
2.02.287 STANDARD SEWAGE SYSTEM shall mean a sewage treatment system employing a building sewer,
septic tank, and a standard soil absorption system.
2.02.288 STOCKPILING shall mean the accumulation or manure in mounds, piles, or other exposed and non-
engineered site locations for storage or holding purposes for a period of not more than one (1) year.
2.02.289 STORAGE shall mean the keeping, in a roofed or unroofed area, of any goods, junk, material,
merchandise, or vehicles on the same tract or premises for more than thirty (30) days.
2.02.290 STORM DRAIN shall mean a conduit that carries natural storm and surface water drainage but not
sewage and industrial wastes, other than unpolluted cooling water.
2.02.291 STORMWATER DETENTION shall mean any storm drainage technique that retards or detains runoff,
such as a detention or retention basin, parking lot storage, rooftop storage, porous pavement, dry wells,
or any combination thereof.
2.02.292 STORMWATER MANAGEMENT shall mean the collecting, conveyance, channeling, holding,
retaining, detaining, infiltrating, diverting, treating, or filtering of surface water, or groundwater, and/or
runoff, together with applicable managerial (non-structural) measures.
2.02.293 STORMWATER RETENTION AREA shall mean an area designed by a licensed professional engineer
and approved by the Village to retain water to control the flow of stormwater.
2.02.294 STORMWATER RUNOFF shall mean surplus surface water generated by rainfall that does not seep
into the earth but flows over land to flowing or stagnant bodies of water.
2.02.295 STORY shall mean a space in a building between the surface of any floor and the surface of the floor
above, or if there is not floor above, then the space between such floor and the ceiling or roof above.
2.02.296 STREET shall mean a public thoroughfare or right-of-way dedicated, deeded, or condemned for use as
such, other than an alley, which affords the principal means of access to abutting property including
avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare except as
excluded in this Regulation.
1.STREET, ARTERIAL shall mean a street designed with the primary function of efficient
movement of through traffic between and around areas of a Village, Village, or county with
controlled access to abutting property.
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2.STREET, COLLECTOR shall mean a street or highway, which is intended to carry traffic from
minor Street to major streets. Collector streets are usually the principal entrance streets to
residential developments and the streets for circulation within the development.
3.STREET, CURVILINEAR shall mean local streets that deviate from straight alignment and change
direction without sharp corners or bends.
4.STREET, FRONTAGE ACCESS shall mean a street parallel and adjacent to a major street, major
inter-regional highway, or major collection road and primarily for service to the abutting properties,
and being separated from the major street by a dividing strip.
5.STREET, LOCAL shall mean a street designed for local traffic that provides direct access to
abutting residential, commercial, or industrial properties.
6.STREET, LOOPED shall mean a continuous local street without intersecting streets and having its
two (2) outlets connected to the same street.
7.STREET, MAJOR shall mean a street or highway used primarily for fast or high volume traffic,
including expressways, freeways, boulevards, and arterial streets.
8.STREET, PRIVATE shall mean an open, unoccupied space, other than a street or alley dedicated to
the public, but permanently established as the principal means of vehicular access to abutting
properties. The term "private street" includes the term "place".
9.STREET, SIDE shall mean that street bounding a corner or reversed corner lot and which extends
in the same general direction as the line determining the depth of the lot.
2.02.297 STREET CENTERLINE shall mean the centerline of a street right-of-way as established by official
surveys.
2.02.298 STREET FRONTAGE shall mean the distance for which a lot line of a zone lot adjoins a public street,
from one lot line intersecting said street to the furthest distant lot line intersecting the same street.
2.02.299 STREET, FRONTAGE ACCESS shall mean a street parallel and adjacent to a major street, major inter-
regional highway, or major collection road and primarily for service to the abutting properties, and
being separated from the major street by a dividing strip. Reserved
2.02.300 STREET HARDWARE shall mean man-made objects other than buildings that are part of the
streetscape. Examples are: lamp posts, utility poles, traffic signs, benches, litter containers, planting
containers, letter boxes, fire hydrants.
2.02.301 STREET LINE shall mean a dividing line between a lot, tract, or parcel of land and the contiguous
street.
2.02.302 STREETSCAPE shall mean the scene as may be observed along a public street or way composed of
natural and man-made components, including buildings, paving, plantings, street hardware, and
miscellaneous structures.
2.02.303 STRUCTURE shall mean anything constructed or built, any edifice or building of any kind, or any
piece of work artificially built up or composed of parts joined together in some definite manner, which
requires location on the ground or is attached to something having a location on the ground, including
swimming and wading pools and covered patios, excepting outdoor areas such as paved areas, walks,
tennis courts, and similar recreation areas.
2.02.304 STRUCTURE, TEMPORARY shall mean a structure without any foundation or footings and that is
removed when the designated time period, activity, or use for which the structure was erected has
ceased.
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2.02.305 STRUCTURAL ALTERATION shall mean any change in the support members of a building, such as in
a bearing wall, column, beam or girder, floor or ceiling joists, roof rafters, roof diaphragms, foundations,
piles, or retaining walls or similar components.
2.02.306 SUBDIVISION shall mean the division of a lot, tract, or parcel of land into two or more lots, parcels,
plats, or sites, or other divisions of land for the purpose of sale, lease, offer, or development, whether
immediate or future, provided the smallest lot created by the division is less than ten (10) acres in size.
2.02.307 SURFACE WATERS shall mean all waters within the jurisdiction of this state, including all streams,
lakes, ponds, impounding reservoirs, marshes, wetlands, watercourses, waterways, springs, canal
systems, drainage systems, and all other bodies or accumulations of water, natural or artificial, public or
private, situated wholly or partly within or bordering upon the state.
2.02.308 TANNING STUDIO shall mean any business that uses artificial lighting systems to produce a tan on an
individual’s body. These facilities may be either a stand-alone business or as an accessory use in spas,
gymnasiums, athletic clubs, health clubs, and styling salons. This use is not included with any type of
adult establishment.
2.02.309 TATTOO PARLOR/BODY PIERCING STUDIO shall mean an establishment whose principal
business activity is the practice of tattooing and/or piercing the body of paying customers.
2.02.310 TAVERN (see Bar.)
2.02.311 TEMPORARY USE shall mean a use intended for limited duration to be located in a zoning district not
permitting such use.
2.02.312 THEATER shall mean a building or structure used for dramatic, operatic, motion pictures, or other
performance, for admission to which entrance money is received and no audience participation or meal
service.
2.02.313 TOWER shall mean a structure situated on a site that is intended for transmitting or receiving television,
radio, or telephone communications. (Also, see Antenna.)
2.02.314 TRACT shall mean a lot or contiguous group of lots in single ownership or under single control, usually
considered a unit for purposes of development.
2.02.315 TRAILER, AUTOMOBILE shall mean a vehicle without motive power, designed and constructed to
travel on the public thoroughfares and to be used for human habitation or for carrying property,
including a trailer coach.
2.02.316 TRUCK REPAIR shall mean the repair, including major mechanical and body work, straightening of
body parts, painting, welding, or other work that may include noise, glare, fumes, smoke, or other
characteristics to an extent greater than normally found in gasoline service stations, of trucks having a
hauling capacity of over one (1) ton and buses but excluding pickups and other vehicles designed for the
transport of under eight (8) passengers.
2.02.317 TRUCK WASH shall mean a facility for washing semi-tractor trailers, buses, and commercial fleets.
2.02.318 UPZONING shall mean a change in zoning classification of land to a more intensive or less restrictive
district such as from residential district to commercial district or from a single family residential district
to a multiple family residential district.
2.02.319 USE shall mean the purpose or activity for which land or buildings are designed, arranged, or intended
or for which land or buildings are occupied or maintained.
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1.USE, BEST shall mean the recommended use or uses of land confined in an adopted
comprehensive plan. Such use represents the best use of public facilities, and promotes health,
safety and general welfare.
2.USE, HIGHEST shall mean an appraisal or real estate market concept that identifies the use of a
specific tract of land that is most likely to produce the greatest net return on investment.
3.USE, PERMITTED shall mean any land use allowed without condition within a zoning district.
4.USE, PRINCIPAL shall mean the main use of land or structure, as distinguished from an accessory
use. (Also, see Building, Principal.)
5.USE, PROHIBITED shall mean any use of land, other than nonconforming, which is not listed as a
permitted use or conditional use within a zoning district.
2.02.320 USED MATERIALS YARD shall mean any lot or a portion of any lot used for the storage of used
materials. This shall not include "Junk Yards" or "Automobile Wrecking Yards".
2.02.321 UTILITARIAN STRUCTURE shall mean a structure or enclosure relating to mechanical or electrical
services to a building or development.
2.02.322 UTILITY EASEMENT shall mean the same as "Easement".
2.02.323 UTILITY HARDWARE shall mean devices such as poles, crossarms, transformers and vaults, gas
pressure regulating assemblies, hydrants, and buffalo boxes that are used for water, gas, oil, sewer, and
electrical services to a building or a project.
2.02.324 UTILITIES, OVERHEAD or UNDERGROUND, "LOCAL DISTRIBUTION SYSTEM” shall mean
the local service distribution circuit or lines and related appurtenances served from a substation, town
border station, reservoir, or terminal facility which is served from a main supply line, main transmission
line, or main feeder line as may be applicable to electric, communications, gas, fuel, petroleum,
fertilizer, or other chemical utilities. Local electric distribution systems shall be limited to include all
lines and appurtenances carrying a primary voltage of less than 161 KV from an electric transformer
substation to the consumer. The local telephone distribution system shall be limited to include the local
exchange lines, the local toll lines, and the local communications equipment facilities structure.
2.02.325 UTILITIES, OVERHEAD OR UNDERGROUND (TRANSMISSION LINE, SUPPLY LINE,
WHOLESALE CARRIER OR TRUNK LINE, MAIN FEEDER LINE), or other applicable
designation shall mean the main supply or feeder line serving a local distribution system of utilities, and
shall include but is not limited to pumping stations, substations, regulating stations, generator facilities,
reservoirs, tank farms, processing facilities, terminal facilities, towers, and relay stations, and treatment
plants.
2.02.326 UTILITY SERVICE shall mean any device, including wire, pipe, and conduit, which carries gas, water,
electricity, oil and communications into a building or development.
2.02.327 VARIANCE shall mean a relief from or variation of the provisions of this chapter, other than use
regulations, as applied to a specific piece of property, as distinct from rezoning.
2.02.328 VEGETATION shall mean all plant life; however, for purposes of this Zoning Regulation it shall be
restricted to mean trees, shrubs, and vines.
2.02.329 VEHICLE shall mean every device in, upon, or by which any person or property is or may be
transported or drawn upon a highway, excepting devices moved solely by human power or used
exclusively upon stationary rails or tracks. (Also, see Motor Vehicle).
2.02.330 VILLAGE shall mean the Village of Cairo, Nebraska.
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CAIRO, NEBRASKA ZONING ORDINANCE UPDATE AND READOPTION JUNE 2023 33
2.02.331 VILLAGE BOARD shall mean the Village Board of Cairo, Nebraska
2.02.332 VISUAL OBSTRUCTION shall mean any fence, hedge, tree, shrub, wall or structure exceeding two (2)
feet in height, measured from the crown of intersecting or intercepting streets, alleys or driveways,
which limit the visibility of persons in motor vehicles on said streets, alleys, or driveways. This does
not include trees kept trimmed of branches below a minimum height of eight (8) feet.
2.02.333 WAREHOUSE shall mean a building used primarily for the storage of goods and materials.
2.02.334 WAREHOUSE AND DISTRIBUTION shall mean a use engaged in storage, wholesale, and
distribution of manufactured products, supplies, and equipment.
2.02.335 WASTEWATER LAGOON (See Lagoon.)
2.02.336 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.
2.02.337 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.
1.SALINE WETLAND shall mean an area that is saturated by salty soils and water at a frequency
and duration sufficient to support, and that, under normal circumstances, does not support a
prevalence of salt-tolerant vegetation typically adapted for life in saturated soiled conditions,
commonly known as hydrophytic vegetation.
2.02.338 WHOLESALE ESTABLISHMENT shall mean an establishment for the on-premises sales of goods
primarily to customers engaged in the business of reselling the goods.
2.02.339 WHOLESALE TRADE shall mean a use primarily engaged in selling merchandise to retailers; to
industrial, commercial, institutional, farm or professional business users; or to other wholesalers; or
acting as agents or brokers in buying merchandise for or selling merchandise to such persons or
companies. The principal types of establishments included are: Merchant wholesalers; sales branches
and sales offices (but not retail stores) maintained by manufacturing enterprises apart from their plants
for the purpose of marketing their products; agents, merchandise or commodity brokers, and
commission merchants; petroleum bulk storage, assemblers, buyers, and associations engaged in
cooperative marketing of farm products. The chief functions of uses in wholesale trade are selling
goods to trading establishments, or to industrial, commercial, institutional, farm and professional; and
bringing buyer and seller together. In additional to selling, functions frequently performed by wholesale
establishments include maintaining inventories of goods; extending credit; physically assembling,
sorting and grading goods in large lots, breaking bulk and redistribution in smaller lots; delivery;
refrigeration; and various types of promotion such as advertising and label designing.
2.02.340 YARD shall mean any open space on the same lot with a building or a dwelling group, which open space
is unoccupied and unobstructed from the ground upward to the sky, except for building projections or
for accessory buildings or structures permitted by this Regulation. (see diagram on next page).
1.YARD, FRONT shall mean a space between the front yard setback line and the front lot line or
highway setback line, and extending the full width of the lot.
2.YARD, REAR shall mean a space between the rear yard setback line and the rear lot line, extending
the full width of the lot.
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Typical Yard Scenarios
3.YARD, SIDE shall mean a space extending from the front yard, or from the front lot line where no
front yard is required by this Regulation, to the rear yard, or rear lot line, between a side lot line and
the side yard setback line.
2.02.341 ZONING ADMINISTRATOR shall mean the person or persons authorized and empowered by the
Village to administer and enforce the requirements of this chapter.
2.02.342 ZONING DISTRICT shall mean the same as "District".
2.02.343 ZONING DISTRICT, CHANGE OF shall mean the legislative act of removing one (1) or more parcels
of land from one (1) zoning district and placing them in another zoning district on the zone map of the
Village.
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ARTICLE 3: DISTRICTS AND OFFICIAL MAP
CAIRO, NEBRASKA ZONING ORDINANCE UPDATE AND READOPTION JUNE 2023 35
ARTICLE 3: DISTRICTS AND OFFICIAL MAP
Section 3.01 Districts
In order to regulate and restrict the height, location, size and type of buildings, structures and uses allowed on land
in the Village and the area within one mile of the corporate boundaries, the Village is hereby divided into districts.
Section 3.02 Provision for Official Zoning Map
3.02.01 The Village is hereby divided into districts, as shown on the Official Zoning Map, which, together with
all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this
Ordinance. The Official Zoning Map shall be identified by the signature of the Village Board
Chairperson, attested by the Village Clerk, and bearing the seal of the Village under the following
words: "This is to certify that this is the Official Zoning Map referred to in Section 3.02 of Ordinance
No. ***(**) of the Village of Cairo, Nebraska", together with the date of the adoption of this Ordinance.
If, in accordance with the provisions of this Ordinance, changes are made in the district boundaries or
other matter portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning
Map promptly after the amendment has been approved by the Village Board.
3.02.02 In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret
because of the nature or number of changes and additions, the Village Board may by ordinance adopt a
new Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or
omissions in the prior Official Zoning Map, but no such correction shall have the effect of amending the
original Official Zoning Map or any subsequent amendment thereof. The new Official Zoning Map
shall be identified by the signature of the Village Board Chairperson attested by the Village Clerk and
bearing the seal of the Village under the following words: "This is to certify that this Official Zoning
Map supersedes and replaces the Official Zoning Map adopted *** (Ordinance No. *** (**) of the
Village of Cairo, Nebraska."
Unless the prior Official Zoning Map has been lost, or has been totally destroyed, the prior map or any
significant parts thereof remaining shall be preserved, together with all available records pertaining to its
adoption or amendment.
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ARTICLE 4: GENERAL PROVISIONS
Section 4.01 Planning Commission Recommendations
Pursuant to Neb. Rev. Stat. §19-901 (R.R.S.1997), it shall be the purpose of the Planning Commission to
recommend the boundaries of the various original districts and appropriate regulations to be enforced therein.
The Commission shall make a preliminary report and hold public hearings thereon before submitting its final
report, and the Village Board shall not hold its public hearings or take action until it has received the final report of
the Commission.
Section 4.02 District Regulations, Restrictions, Boundary Creation
No such regulation, restriction, or boundary shall become effective until after a public hearing in relation thereto, at
which parties in interest and citizens shall have an opportunity to be heard. Notice of the time and place of such
hearings shall be given by publication thereof in a paper of general circulation in the Village at least one (1) time
ten (10) days prior to such hearing.
Section 4.03 Jurisdiction
The provisions of this Ordinance shall apply within the corporate limits of the Village of Cairo, Nebraska, and
within the territory beyond said corporate limits as now or hereafter fixed, for a distance of one (1) mile, as
established on the map entitled "The Official Zoning Map of the Village of Cairo, Nebraska", and as may be
amended by subsequent annexation.
Section 4.04 Provisions of Ordinance Declared to be Minimum Requirements
In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements,
adopted for the promotion of the public health, safety, morals, or general welfare. Whenever the provisions of this
Ordinance require a lower height of building or lesser size of yards, courts or other spaces, or require a lower height
of building or lesser number of stories, or require a greater percentage of lot to be left unoccupied, or impose other
higher standards than are required in any other ordinance, the provisions of this Ordinance shall govern. Wherever
the provisions of any other ordinance requires a greater width or size of yards, courts, or other open spaces, or
requires a lower height of building or a lesser number of stories, or require a greater percentage of lot to be left
unoccupied, or impose other higher standards than are required by the provisions of this Ordinance, the provisions
of such ordinance shall govern.
Section 4.05 Zoning Affects Every Building and Use
No building or land shall hereafter be reused and no building or part thereof shall be erected, moved or altered
unless for a use expressly permitted by and in conformity with the regulations herein specified for the district in
which it is located, except that any structure damaged or destroyed may be restored if such structure does not
involve a non-conforming use.
Section 4.06 Lot
4.06.01 Every building hereafter erected, reconstructed, converted, moved or structurally altered shall be located
on a lot or lot of record and in no case shall there be more than one (1) principal building on a lot unless
otherwise provided.
4.06.02 The total percentage of allowable lot coverage shall be addressed in each district. Such percentage shall
exclude driveways, sidewalks, and paved patios, but shall specifically include decks.
4.06.03 More than one principal building of a single permitted use may be located upon a lot or tract in the
following instances if recommended by the Planning Commission and approved by the Village Board.
1. Institutional buildings
2. Public or semi-public buildings
3. Multiple-family dwellings
4. Commercial or industrial buildings
5. Home for the aged
6. Agricultural buildings
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Section 4.07 Reductions in Lot Area Prohibited
No lot, even though it may consist of one (1) or more adjacent lots of record, shall be reduced in area so that yards,
lot area per family, lot width, building area, or other requirements of this Ordinance are not maintained. This
section shall not apply when a portion of a lot is acquired for a public purpose.
Section 4.08 Obstructions to Vision at Street Intersections Prohibited
A corner lot, within the area formed by the center line of streets at a distance of sixty feet (60’) from their
intersections, there shall be no obstruction to vision between a height of two and one-half feet (2-1/2’) and a height
of ten feet (10’) above the grades of the bottom of the curb of the intersecting streets, measured from the point of
intersection of the centerline of the streets. At the intersection of major or arterial streets, the sixty feet (60’)
distance shall be increased to ninety feet (90’) for each arterial leg of the intersection. The requirements of this
section shall not be deemed to prohibit any necessary retaining wall.
Section 4.09 Yard Requirements
4.09.01 Yard requirements shall be set forth under the Schedule of Lot, Yard, and Bulk Requirements for each
zoning district. Front, side and rear yards shall be provided in accordance with the regulations
hereinafter indicated and shall be unobstructed from the ground level to the sky, except as herein
permitted.
4.09.02 All accessory buildings that are attached to principal buildings (e.g., attached garages) shall comply with
the yard requirements of the principal building, unless otherwise specified.
4.09.03 The Village Board may permit a variation in front yard setbacks to allow new or relocated structures to
conform to the average existing setback provided that 1.) more than thirty percent (30%) of the frontage
on one side of a street between intersecting streets is occupied by structures on the effective date of this
Ordinance, and 2.) a minority of such structures have observed or conformed to an average setback line.
4.09.04 Any side or rear yard in a residential district which is adjacent to any existing industrial use shall be no
less than twenty-five feet (25’) and shall contain landscaping and planting suitable to provide effective
screening pursuant to Section 7.16.04.
4.09.05 Any yard for an industrial use which is adjacent to any residential use or district shall be increased to
forty feet (40’) and shall contain landscaping and planting suitable to provide effective screening
pursuant to Section 7.16.04. Included in the increased yard, a solid or semi-solid fence or wall at least
six feet (6’), but not more than eight feet (8’) high shall be provided adjacent to an adjoining residential
district unless the adjacent residential district and industrial district are separated by a street right-of-
way. The owner or owners of the property in the Industrial District shall maintain said fence or wall in
good condition. Said fencing shall be constructed of commercially available fencing.
Section 4.10 Drainage
No building, structure, or use shall be erected on any land, and no change shall be made in the existing contours of
any land, including any change in the course, width, or elevation of any natural or other drainage channel, that will
obstruct, interfere with, or substantially change the drainage from such land to the detriment of neighboring lands.
Anyone desiring to build or otherwise change the existing drainage situation shall be responsible for providing to
the Village or their designated agent that such changes will not be a detriment to the neighboring lands.
Section 4.11 Permitted Obstructions in Required YardsThe following shall not be considered to be obstructions when located in the required yards:
4.11.01 All Yards: Steps and accessibility ramps used for wheelchair and other assisting devices which are forty-eight inches (48”) or less above grade which are necessary for access to a permitted building or for
access to a lot from a street or alley; eaves and roof overhangs projecting thirty-six inches (36”) or less; chimneys projecting twenty-four inches (24”) or less into the yard; recreational and laundry-drying equipment; approved freestanding signs; arbors and trellises; flag poles; window unit air conditioners
projecting not more than eighteen inches (18”) into the required yard; and fences or walls subject to
applicable height restrictions are permitted in all yards.
4.11.02 Front Yards: Bay windows projecting thirty-six inches (36”) or less into the yard are permitted.
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4.11.03 Rear and Side Yards: Open off-street parking spaces or outside elements of central air conditioning
systems.
4.11.04 Double Frontage Lots: The required front yard shall be provided on each street.
4.11.05 Building Groupings: For the purpose of the side yard regulation a group of business or industrial buildings separated by a common party wall shall be considered as one (1) building occupying one (1) lot.
Section 4.12 Accessory Buildings and Uses
4.12.01 No accessory building shall be constructed upon a lot prior to beginning construction of the principal
building unless allowed in that zoning district and permitted by conditional use permit by the Village
Board. No accessory building shall be used for more than six (6) months unless the main building on
the lot is also being used or unless the main building is under construction; however, in no event shall
such building be used as a dwelling unless a certificate of occupancy has been issued for such use.
4.12.02 No detached accessory building or structure shall exceed the maximum permitted height of the principal
building or structure.
4.12.03 No accessory building shall be erected in or encroach upon the required side yard on a corner lot or the
front yard of a double frontage lot.
4.12.04 Detached accessory buildings or structures shall be located no closer to any other accessory or principal
building than ten feet (10’).
4.12.05 Garages and outbuildings in Residential Districts for storage uses and other structures customary and
appurtenant to the permitted uses and detached accessory garages shall be constructed of materials
customarily used in residential construction, including colored metal siding and roofing.
4.12.06 Regulation of accessory uses shall be as follows:
1. Except as herein provided, no accessory building shall project beyond a required yard line along
any street.
2. Service station pumps and pump island may occupy the required yards, provided, however, that
they are not less than fifteen feet (15’) from street lines.
3. Storage of an unlicensed boat, boat trailer, camp trailer, or other vehicle shall not be permitted in
any required yard, unless provided in Section 7.13.
Section 4.13 Permitted Modifications of Height Regulations
4.13.01 The height limitations of this Ordinance shall not apply to:
Belfries Public Monuments Tanks
Chimneys Ornamental Towers and Spires Smoke Stacks
Church Spires Broadcast Towers less than 75’ in height Flag Poles
Conveyors Air-Pollution Prevention Devices Silos
Cooling Towers Stage Towers or Scenery Lots Fire Towers
Elevator Bulkheads Water Towers and Standpipes
4.13.02 When permitted in a district, public or semi-public service buildings, hospitals, institutions, or schools
may be erected to a height not exceeding seventy-five feet (75’) when each required yard line is
increased by at least one foot (1’) for each one foot (1’) of additional building height above the height
regulations for the district in which the building is located.
Section 4.14 Structures Intended for Human Occupancy
4.14.01 All permanent and temporary structures intended for human occupancy shall be required to obtain a
zoning and building permit and certificate of occupancy prior to use.
4.14.02 All permanent and temporary structures intended for human occupancy shall be placed upon a
permanent foundation.
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4.14.03 No basement or cellar shall be occupied for residential purposes until the remainder of the building has
been substantially completed.
Section 4.15 Nonconforming, General Intent
It is the intent of this ordinance to permit lawful non-conformities to continue until they are removed, but not
encourage their survival. Such uses are declared by this ordinance to be incompatible with permitted uses in the
districts involved. It is further the intent of this ordinance that non-conformities shall not be enlarged upon,
expanded or extended nor be used as grounds for adding other structures or uses prohibited elsewhere in the same
district except as may be authorized in this title.
Section 4.16 Nonconforming Lots of Record
In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other
provision of this ordinance, a single-family dwelling and customary accessory buildings may be erected on any
single lot of record at the effective date of adoption or amendment of this ordinance. This provision shall apply
even though such lot fails to meet the requirements for area or width, or both that are generally applicable in the
district provided that the yard dimensions and other requirements not involving area or width, or both, of the lot
shall conform to the regulations for the district in which such lot is located; that such lot has been owned separately
and individually from adjoining tracts of land at a time when the creation of a lot of such size and width at such
location would have been lawful; and has remained in separate and individual ownership from adjoining lots or
tracts of land continuously during the entire period in which this or previous ordinance would have prohibited
creation of such lot. Variance of area, width and yard requirements shall be obtained only through action of the
board of adjustment.
Section 4.17 Nonconforming Structures
4.17.01 Authority to Continue: Any structure which is devoted to a use which is permitted in the zoning district
in which it is located, but which is located on a lot which does not comply with the applicable lot size
requirements and/or the applicable bulk regulations, may be continued, so long as it remains otherwise
lawful, subject to the restrictions of this section.
4.17.02 Enlargement, Repair, Alterations: Any such structure described in Section 4.17.01 may be enlarged,
extended, maintained, repaired or remodeled, provided, however, that no such enlargement, extension,
maintenance, repair or remodel shall either create any additional nonconformity or increase the degree
of existing nonconformity of all or any part of such structure.
1. A nonconforming structure may be allowed by conditional use permit to be enlarged or extended
where the degree of nonconformity is increased provided due consideration is given to the
following criteria:
a). No zoning or building permit shall be issued for an existing nonconforming structure where the
proposed expansion (including any other such expansion) exceeds fifty percent (50%) of the
square footage of the floor area on the main floor of the original structure. In any Residential
district, such structure shall not be enlarged or extended such that it becomes larger than the
dwelling.
b). Such conditional use may only be allowed to continue an existing nonconformity and shall not
allow for the creation of new nonconformities. Furthermore, the permit shall not be allowed
for multiple nonconformities or to increase the degree of nonconformity of the requested
conditional use. The degree of nonconformity shall mean that the request shall not further
reduce a setback or height requirement or encroach into an area designated as a sight triangle.
c). The consideration of the affects of such conditional use on adjacent property, traffic, and the
environment shall be considered.
d). The Cairo Transportation Plan and one- and six-year plan shall be considered.
e). The density of land uses within the existing zoning district and that of adjacent properties shall
be considered.
f). The degree of hardship upon the applicant which would be caused by failure to grant such a
permit shall also be considered.
4.17.03 Damage or Destruction: In the event that any structure described in Section 4.17.01 is damaged or
destroyed, by any means, to the extent of more than fifty percent (50%) of its structural value, such
structure shall not be restored unless it shall thereafter conform to the regulations for the zoning district
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in which it is located; provided that structures located on a lot that does not comply with the applicable
lot size requirements in Section 4.17, shall not have a side yard of less than five feet (5’). When a
structure is damaged to the extent of less than fifty percent (50%) of its structural value, no repairs or
restoration shall be made unless a building permit is obtained and restoration is actually begun within
one year after the date of such partial destruction and is diligently pursued to completion.
4.17.04 Moving: No structure shall be moved in whole or in part for any distance whatever, to any other
location on the same or any other lot unless the entire structure shall thereafter conform to the
regulations of the zoning district in which it is located after being moved.
Section 4.18 Nonconforming Uses
4.18.01 Nonconforming Uses of Land: Where at the effective date of adoption or amendment of this ordinance,
lawful use of land exists that is made no longer permissible under the terms of this ordinance as enacted
or amended, such use may be continued so long as it remains otherwise lawful, subject to the following
provisions:
1. No such non-conforming use shall be enlarged or increased, nor extended to occupy a greater area
of land than was occupied at the effective date of adoption or amendment or this ordinance;
2. No such nonconforming use shall be moved in whole or in part to any other portion of the lot or
parcel occupied by such use at the effective date of adoption or amendment of this ordinance.
3. If any such nonconforming use of land ceases for any reason for a period of more than twelve (12)
months, any subsequent use of such land shall conform to the regulations specified by this
ordinance for the district in which such land is located.
4.18.02 Nonconforming Uses of Structures: If a lawful use of a structure, or of structure and premises in
combination, exists at the effective date of adoption or amendment of this ordinance, that would not be
allowed in the district under the terms of this ordinance, the lawful use may be continued so long as it
remains otherwise lawful subject to the following provisions:
1. No existing structure devoted to a use not permitted by this ordinance in the district in which it is
located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except
in changing the use of the structure to use permitted in the district in which it is located;
2. Any nonconforming use may be extended throughout any parts of a building which were manifestly
arranged or designed for such use at the time of adoption or amendment of this ordinance but no
such use shall be extended to occupy any land outside such building;
3. If no structural alterations are made, any nonconforming use of a structure or structures and
premises may be changed to another nonconforming use provided that the board of adjustment
either by general rule or by making findings in the specific case, shall find that the proposed use is
equally appropriate or more appropriate to the district than the existing nonconforming use. In
permitting such change, the board of adjustment may require appropriate conditions and safeguard
in accord with the provisions of this ordinance;
4. Any structure, or structure and land in combination, in any or on which a nonconforming use is
superseded by a permitted use, shall thereafter conform to the regulations for the district in which
such structure is located and the nonconforming use may not thereafter be resumed;
5. When a nonconforming use of a structure or structure and premises in combination is discontinued
or abandoned for twelve (12) months, the structure or structure and premises in combination shall
not thereafter be used except in conformance with the regulations of the district in which it is
located;
6. Where nonconforming use status is applied to a structure and premises in combination, removal or
destruction of the structure shall eliminate the nonconforming status of the land.
Section 4.19 Repairs and Maintenance
4.19.01 On any building devoted in whole or in part to any nonconforming use, work may be done in any period
of twelve (12) consecutive months on ordinary repairs or on repair or replacement of non-bearing walls,
fixtures, wiring or plumbing provided that the cubic content of the building as it existed at the time of
passage of amendment of this ordinance shall not be increased.
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4.19.02 Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of
any building or part thereof declared to be unsafe by any official charged with protecting the public
safety, upon order of such official.
Section 4.20 Uses Permitted by Conditional Use Permit not Nonconforming Uses
Any use for which a conditional use permit is issued according to the provisions of this ordinance shall not be
deemed a nonconforming use, but shall without further action be deemed a conforming use in such district.
Section 4.21 Nonconforming Buildings and Uses; Extension of Nonconforming Uses
The Village Board may, when it deems proper, permit repairs, alterations, extensions, expansions, and the
remodeling or rebuilding of such structures or extensions or expansions of a land use in all cases where a refusal
to do so would bring hardship to the owner or occupants and in all cases where justice requires the granting of the
same. The Village Board may attach appropriate conditions to the granting of any such relief. Whenever a use
district shall be hereafter changed, any then existing nonconforming use in such changed district may be continued
or changed to a use permitted in that zoning district, provided, all other regulations governing the new use are
complied with.
Section 4.22 Fees
All fees for any zoning or subdivision related action shall be required prior to the issuance or investigation of any
said permit request. Fees shall be set forth in the Regional Planning Commission Master Fee Schedule and Village
Fee Schedule, with payments made to the appropriate City, County, or Village Clerk. Fees may be due to both the
Regional Planning Commission/Hall County and the Village.
Section 4.23 Public Uses
In the case of a public use proposed in any district within the zoning jurisdiction of the Village of Cairo, where such
use is determined by the Zoning Administrator to be a benefit to the public health, safety, and general welfare of the
community, such use shall be allowed in any district whether or not such use conforms to the zoning requirements
of that district, including lot area, lot size, setbacks, height limitations and lot coverage.
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CAIRO, NEBRASKA ZONING ORDINANCE UPDATE AND READOPTION JUNE 2023 42
ARTICLE 5: ZONING DISTRICTS
5.01 Districts; Uses
5.02 Districts; Boundaries
5.03 District Boundaries; Interpretation
5.04 Districts; Classification upon Annexation and Conformance with Land Use Plan
5.05 District (TA); Transitional Agricultural District (AG) Agricultural District
5.06 District (RA); Residential Agriculture District (TA); Transitional
Agricultural
5.07 District (R-9); Single-Family Residential
5.08 District (R-6); Multiple-Family Residential
5.09 District (R-3); Multiple-Family Residential
5.10 District (RM): Mobile Home Residential
5.11 District (GC); General Commercial
5.12 District (HC): Highway Commercial
5.13 District (I-1); Light Industrial
5.14 District (I-2) Heavy Industrial
5.15 District (PUD) Planned Unit Development
Section 5.01 Districts; Use
For the purpose of this Chapter, the Municipality is hereby divided into eleven (11) districts, designated as follows:
(AG) Agricultural District
(TA) Transitional Agricultural
(RA) Residential Agriculture
(R-9) Single-Family Residential
(R-6) Multiple-Family Residential
(R-3) Multiple-Family Residential
(RM) Mobile Home Residential
(GC) General Commercial
(HC) Highway Commercial
(I-1) Light Industrial
(I-2) Heavy Industrial
(PUD) Planned Unit Development
Section 5.02 Districts; Boundaries
The boundaries of the districts are hereby established as shown on the maps entitled "Official Zoning Map of the
Village of Cairo, Nebraska." Said maps and all explanatory matter thereon accompany and are hereby made a part
of this Chapter as if fully written herein. The Official Zoning District Map shall be identified by the signature of
the Mayor, and attested by the Village Clerk. No changes shall be made on the Zoning District Map except as may
be required by amendments to this Chapter. Such changes shall be promptly indicated on the Zoning District Map
with the Ordinance number, nature of change, and date of change noted on the map. Neb. Rev. Stat. §19-904
(R.R.S.1997).
Section 5.03 Rules for Interpretation of District Boundaries
Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules
shall apply:
5.03.01 Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be
construed to follow such center lines;
5.03.02 Boundaries indicated as approximately following platted lot lines shall be construed as following such
lot lines;
5.03.03 Boundaries indicated as approximately following Village limits shall be construed as following such
Village limits;
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5.03.04 Boundaries indicated as following railroad lines shall be construed to be midway between the main
tracks;
5.03.05 Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in the
event of change in the shore line shall be construed as moving with the actual shore line; boundaries
indicated as approximately following the center lines of streams, rivers, canals, lakes, or other bodies of
water shall be construed to follow such center lines;
5.03.06 Boundaries indicated as parallel to or extensions of features indicated in subsections 5.03.01 through
5.03.05 above shall be so construed. Distances not specifically indicated on the Official Zoning Map
shall be determined by the scale of the map;
5.03.07 Where physical or cultural features existing on the ground are at variance with those shown on the
Official Zoning Map, or in other circumstances not covered by subsections 5.03.01 through 5.03.06
above, the Board of Zoning Adjustment shall interpret the district boundaries;
5.03.08 Where a district boundary line divides a lot which was in single ownership at the time of passage of this
Ordinance, The Board of Zoning Adjustment may permit the extension of the regulations for either
portion of the lot, not to exceed fifty feet (50’) beyond the district line, into the remaining portion of the
lot.
Section 5.04 Annexation and Conformance with the Land Use Plan
Areas annexed into the corporate limits of Cairo shall be zoned to conform to the Land Use Plan.
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Section 5.05 AG - Agricultural District
5.05.01 Intent: The (AG) Agricultural District is established for the purpose of preserving agricultural resources
that are compatible with adjacent urban growth. It is not intended for commercial feedlot operations for
livestock or poultry. Because the areas are not in the identified growth areas for the community, the
district is designed to limit urban sprawl.
5.05.02 Permitted Uses:
1. Farming, pasturing, truck gardening, and orchards, including a maximum of five hundred (500)
animal units within the densities established in Section 5.05.06.
2. Single Family Residential dwellings, provided the following conditions are met:
A. Property owners with a tract of 80 acres or more may sell one small tract per 80 acres for such
single family dwellings provided that such sale has not not previously been exercised on the
large tract, and/or
B. Owners of an existing ranch or farm dwelling that is ten years old or more may sell a small
tract containing such dwelling
3. Home Occupations, pursuant to Home occupation standards in Section 7.10.
4. Public parks and recreation areas, playgrounds and conservation areas including flood control
facilities and natural wildlife habitats and preserves.
5. Railroads, not including switching, terminal facilities or freight yards.
6. Public overhead and underground local distribution utilities.
7. Churches.
8. Public services such as police, fire, and emergency facilities.
9. Publicly owned and operated buildings and facilities such as community centers, auditoriums,
libraries or museums.
10. Roadside stands offering the sale of agriculture products produced on the premises.
11. Livestock Feeding Operations, provided that such operations have no more than five hundred (500)
animal units.
12. Commercial greenhouses.
5.05.03 Permitted Conditional Uses:
1. Commercial auction yards and barns.
2. Feed mills.
3. Mining and extraction of natural resources.
4. Agricultural storage facilities for equipment and grain, excluding packing and rendering facilities.
5. Educational institutions, including public and private primary schools, secondary schools including
universities, colleges, vocational schools, and business schools.
6. Hospitals, nursing and convalescent homes.
7. Broadcast towers, pursuant to Section 7.11.
8. Cemeteries, provided all structures are located one hundred feet (100’) from all property lines.
9. Water supply and storage, wastewater treatment, sewage and solid waste disposal facilities.
10. Private recreation areas and facilities including country clubs, golf courses (but not miniature golf),
and swimming pools.
11. Veterinarians’ offices and hospitals, and boarding kennels.
12. Wind energy systems on tracts of more than ten (10) acres, pursuant to Section 7.15.
13. Public campgrounds.
14. RV Parks
15. Commercial kennels, stables, and riding clubs.
16. Storage and distribution of anhydrous ammonia, fuel, fertilizer, and other chemicals.
5.05.04 Permitted Accessory Uses:
1. Farm dwellings for use by the owner, tenants, and employees
2. Buildings and uses customarily incidental to the permitted and conditional uses.
3. Temporary buildings incidental to construction work where such buildings or structures are
removed upon completion of work.
4. Signs pursuant to Sections 7.06 through 7.09.
5. Parking pursuant to Sections 7.01 through 7.05.
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6. Private swimming pool, tennis court and other similar facilities in conjunction with a residence.
5.05.05 Height and Lot Requirements: The height and minimum lot requirements shall be as follows:
Use Lot Area Lot Width Front Yard Side Yard Rear Yard Max.
Height
Max.
Coverage
Residential Dwelling (private well and/or private septic)20 acres 100 35 15 25 35 feet 40%
Residential Dwelling (public water and public sewer)20 acres 100 35 15 25 35 feet 40%
Other Permitted Uses 20 acres 100 35 15 25 -40%
Broadcast Towers (Also see Section 7.11)10,000 sq.ft.100 35 15 25 -40%
Other Permitted & Conditional Uses 3 acres 100 35 15 25 35 feet****40%
Accessory Buildings --35 15 25 --
* Maximum height of 35” for structures intended for human occupancy
5.05.06 Other Applicable Provisions:
1. The amount of land necessary for the raising of animals shall be computed as follows: One (1) acre
shall be required for the first animal unit (a.u.), and each animal unit (a.u.) thereafter shall require
one-half (0.5) acres.
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Section 5.06 TA - Transitional Agriculture District
5.06.01 Intent: The (TA) Transitional Agriculture District is intended to permit the continuation of productive
agricultural uses adjacent to the corporate limits of the Village, while also accommodating single-family
residential and compatible uses.
5.06.02 Permitted Uses:
1. Farming, pasturing, truck gardening, and orchards, including the sale of products raised on the
premises, including the raising of animals for organizations such as 4-H, FFA, or similar
organizations, provided that the limits established in Section 5.06.06 are not exceeded.
2. Single family dwellings for use by the owners and their families, tenants, and employees, provided
the following conditions are met:
A. Property owners with a tract of 80 acres or more may sell one small tract per 80 acres for such
single family dwellings provided that such sale has not not previously been exercised on the
large tract, and/or
B. Owners of an existing ranch or farm dwelling that is ten years old or more may sell a small
tract containing such dwelling
3. Child Care Home.
4. Home Occupations, pursuant to Home Occupation standards in Section 7.10.
5. Public service facilities.
6. Public parks and recreation areas, playgrounds and conservation areas including flood control
facilities and natural wildlife habitats and preserves.
7. Roadside stands offering the sale of agriculture products produced on the premises
8. Commercial Greenhouses
5.06.03 Permitted Conditional Uses:
1. Public utility main transmission lines including substations, distribution centers, regulator stations,
pumping stations, treatment facilities, storage, equipment buildings, garages, towers, or similar
public service uses.
2. Private recreation areas and facilities including country clubs, golf courses (but not miniature golf),
and swimming pools
3. Livestock Feeding Operations, provided that such operations have no more than five hundred (500)
animal units
4. Mining and extraction of natural resources.
5. Agricultural storage facilities for equipment and grain, excluding packing and rendering facilities.
6. Educational institutions, including public and private primary schools, secondary schools including
universities, colleges, vocational schools, and business schools.
7. Hospitals, nursing and convalescent homes.
8. Broadcast towers, pursuant to Section 7.11.
9. Cemeteries, provided all structures are located one hundred feet (100’) from all property lines.
10. Water supply and storage, wastewater treatment, sewage and solid waste disposal facilities.
11. Private recreation areas and facilities including country clubs, golf courses (but not miniature golf),
and swimming pools.
12. Veterinarians’ offices and hospitals, and boarding kennels.
13. Wind energy systems on tracts of more than ten (10) acres, pursuant to Section 7.15.
14. Public campgrounds.
15. RV Parks.
16. Commercial Kennels, stables, and riding clubs.
17. Storage and distribution of anhydrous ammonia, fuel, fertilizer, and other chemicals.
18. Storage, manufacturing, and distribution of agricultural based businesses.
5.06.04 Accessory Uses:
1. Buildings and uses customarily incidental to the permitted uses.
2. Private swimming pool, tennis court, and other recreational facilities in conjunction with a
residence.
3. Parking for permitted uses pursuant to Sections 7.01 through 7.05.
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4. Signs pursuant to Sections 7.06 through 7.09.
5. Temporary buildings incidental to construction work where such building or structures are removed
upon completion of work.
6. Landscaping pursuant to Section 7.14.
5.06.05 Height and Lot Requirements: The height and minimum lot requirements shall be as follows:
Use Lot Area Lot Width Front Yard Side Yard Rear Yard Max.
Height
M ax.
Coverage
Single Family Dwelling 20,000 sq.ft.100 35 feet 20 feet 35 feet 35 feet 40%
Other Permitted Uses 20 acres 100 35 feet 20 feet 35 feet 35 feet*40%
Permitted Conditional Uses 20 acres 100 35 feet 20 feet 35 feet 35 feet*40%
Accessory Buildings --35 feet 2 or 510 feet**35 feet 35 feet 20%
* 35 feet for all structures intended for human occupancy
** For lots of less than 100 feet in frontage side yard equals 2 feet, otherwise side yard setback is 5 feet.
5.06.06 Other Applicable Provisions:
1. The amount of land necessary for the raising of animals shall be computed as follows: One (1) acre shall be
required for the first animal unit (a.u.), and each animal unit (a.u.) thereafter shall require one-half (0.5) acres.
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Section 5.07 R-9 - Single-Family Residential District
5.07.01 Intent: The (R-9) Single-Family Residential District is intended to permit residential developments that
accommodate single-family residential and compatible uses.
5.07.02 Permitted Uses:
1. Single Family dwellings.
2. Public and private recreation areas as, country clubs, golf courses, lakes, common areas and
swimming pools.
3. Cemeteries, provided all structures are located one hundred feet (100’) from all property lines.
4. Public and private educational institutions
5. Churches and temples
6. Public Service Facilities
5.07.03 Permitted Conditional Uses:
1. Child Care Center.
2. Funeral homes and mortuaries
3. Hospitals, sanitariums, rest homes, nursing homes, elderly or retirement housing, convalescent
homes, other similar institutions, or philanthropic institutions.
4. Public utility main transmission lines including substations, distribution centers, regulator stations,
pumping stations, treatment facilities, storage, equipment buildings, garages, towers, or similar
public service uses.
5. Garages and Similar Accessory Buildings when built in conformance with the performance
standards outlined in Section 6.06
6. Hospitals, nursing and convalescent homes.
7. Cemeteries, provided all structures are located one hundred feet (100’) from all property lines.
8. Water supply and storage, wastewater treatment, sewage and solid waste disposal facilities.
9. RV Parks.
10. Garages and Similar Accessory Buildings
5.07.04 Accessory Uses:
1. Buildings and uses customarily incidental to the permitted uses.
2. Private swimming pool, tennis court, and other recreational facilities in conjunction with a
residence.
3. Parking for permitted uses pursuant to Sections 7.01 through 7.05.
4. Signs pursuant to Sections 7.06 through 7.09.
5. Temporary buildings incidental to construction work where such building or structures are removed
upon completion of work.
6. Landscaping pursuant to Section 7.14.
5.07.05 Height and Lot Requirements: The height and minimum lot requirements shall be as follows:
Other Permitted Conditional Uses 2 acres 75'25 feet 20 feet 25 feet 35 feet 30%***
Accessory Buildings --25 feet 2 or 5 feet*****5 feet***20 feet 30 10 %***
* 12.5 feet for side yards on the Street Side of a Corner Lot
** 8 feet if developed prior to the adoption of the original zoning ordinance.
*** The rear yard setback for an accessory building or garage having vehicular access from an alley shall be twenty-five feet (25’).
**** Provided the total lot coverage for all buildings shall not exceed thirty percent (30%).
*****Side yard setback for accessory buildings for with lots of less than 100 feet in frontage side yard equals 2 feet, otherwise side yard
setback is 5 feet.
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Section 5.08 R-6 - Multiple-Family Residential District
5.08.01 Intent: The (R-6) Multiple-Family Residential District is intended to permit an increased density of
residential development to include two-family and multi-family units, as well as other compatible uses.
The primary structure in the R-6 district shall be residential in nature.
5.08.02 Permitted Uses:
1. Single family dwellings.
2. Two-family dwellings.
3. Child Care Home.
4. Home Occupations, pursuant to Home Occupation standards in Section 7.10.
5. Educational institutions, including public and private primary schools, secondary schools including
universities, colleges, vocational schools, and business schools.
6. Churches, temples, seminaries, and convents including residences for teachers and pastors.
7. Funeral homes and mortuaries.
8. Publicly owned and operated parks, playgrounds, fire stations, community centers, and libraries.
9. Public service facilities.
10. Public and Private parks and recreation areas, playgrounds and conservation areas including flood
control facilities and natural wildlife habitats and preserves, fire stations, community centers, and
libraries
5.08.03 Permitted Conditional Uses:
1. Garages and Similar Accessory Buildings when built in conformance with the performance
standards outlined in Section 6.06
2. Lodging and boarding houses.
3. Hospitals, sanitariums, rest homes, nursing homes, elderly or retirement housing, convalescent
homes, other similar institutions, or philanthropic institutions.
4. Public utility main transmission lines including substations, distribution centers, regulator stations,
pumping, treatment facilities, storage, equipment buildings, garages, towers, or similar public
service uses.
5. Child Care Center.
6. Bed and Breakfast establishments.
7. Broadcast towers, pursuant to Section 7.11.Cemeteries, provided all structures are located one
hundred feet (100’) from all property lines.
8. Water supply and storage, wastewater treatment, sewage and solid waste disposal facilities.
9. Multiple Family Dwellings, not to exceed a density of 15 12 units/acre.
5.08.04 Accessory Uses:
1. Buildings and uses customarily incidental to the permitted uses.
2. Temporary buildings incidental to construction work where such buildings or structures are
removed upon completion of work.
3. Signs pursuant to Sections 7.06 through 7.09.
4. Parking pursuant to Sections 7.01 through 7.05.
5. Private swimming pool, tennis court, and other recreational facilities in conjunction with a
residence.
6. Landscaping pursuant to Section 7.14.
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5.08.05 Height and Lot Requirements: The height and minimum lot requirements shall be follows:
Single-family Dwelling Attached**6,000 sq.ft.60'25'7'*25'35'40%***
Two-family Dwelling 6,000 sq.ft.60'25'7'*25'35'40%***
Multi-family Dwelling 6,000 sq.ft.60'25'7'*25'35'40%***
Other Permitted Uses 6,000 sq.ft.60'25'7'*25'35'40%***
Permitted Conditional Uses 6,000 sq.ft.60'25'7'*25'35'40%***
Accessory Buildings --25'2 or 5'****2 or 5'**20'40 20 %***
* 12.5’ for side yards located on a street side of a corner
** The side or rear yard setback for an accessory building or garage having vehicular access from an alley shall be twenty-five feet (25’).
*** Provided the total lot coverage for all buildings shall not exceed forty percent (40%).
****Side yard setback for accessory buildings for with lots of less than 100 feet in frontage side yard equals 2 feet, otherwise side yard
setback is 5 feet.
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Section 5.09 R-3 - Multiple-Family Residential District
5.09.01 Intent: The (R-3) Multiple-Family Residential District is intended to permit an increased density of
residential development to include two-family and multi-family units, as well as other compatible uses.
The primary structure in the R-3 district shall be residential in nature.
5.09.02 Permitted Uses:
1. Single family dwellings.
2. Two-family dwellings.
3. Multiple Family Dwellings not to exceed 30 units per acre
4. Townhomes and Condominiums
5. Apartments which are located on the upper floor of a structure
6. Child Care Home.
7. Home Occupations, pursuant to Home Occupation standards in Section 7.10.
8. Educational institutions, including public and private primary schools, secondary schools including
universities, colleges, vocational schools, and business schools.
9. Churches, temples, seminaries, and convents including residences for teachers and pastors.
10. Funeral homes and mortuaries.
11. Publicly owned and operated, fire stations, community centers, libraries, and similar facilities.
12. Public service facilities.
13. Hospitals, sanitariums, rest homes, nursing homes, elderly or retirement housing, convalescent
homes, other similar institutions, or philanthropic institutions
14. Public and private parks and recreation areas, playgrounds and conservation areas including flood
control facilities and natural wildlife habitats and preserves.
15. Business and professional services including: attorneys, banks, insurance, real estate, offices, postal
stations, printing, credit services, security brokers, dealers and exchange, title abstracting, savings
and loans, finance services and investment services
16. Bed and Breakfast establishments
17. Child Care Center.
5.09.03 Permitted Conditional Uses:
1. Garages and Similar Accessory Buildings when built in conformance with the performance
standards outlined in Section 6.06
2. Lodging and boarding houses.
3. Public utility main transmission lines including substations, distribution centers, regulator stations,
pumping, treatment facilities, storage, equipment buildings, garages, towers, or similar public
service uses.
4. Broadcast towers, pursuant to Section 7.11.
5. Cemeteries, provided all structures are located one hundred feet (100’) from all property lines.
6. Water supply and storage, wastewater treatment, sewage and solid waste disposal facilities.
5.09.04 Accessory Uses:
1. Buildings and uses customarily incidental to the permitted uses.
2. Temporary buildings incidental to construction work where such buildings or structures are
removed upon completion of work.
3. Signs pursuant to Sections 7.06 through 7.09.
4. Parking pursuant to Sections 7.01 through 7.05.
5. Private swimming pool, tennis court, and other recreational facilities in conjunction with a
residence.
6. Landscaping pursuant to Section 7.14.
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5.09.05 Height and Lot Requirements: The height and minimum lot requirements shall be follows:
* 12.5’ for side yards located on a street side of a corner
** The side or rear yard setback for an accessory building or garage having vehicular access from an alley shall be twenty-five feet (25’).
*** Provided the total lot coverage for all buildings shall not exceed eighty percent (80%).
****Side yard setback for accessory buildings for with lots of less than 100 feet in frontage side yard equals 2 feet, otherwise side yard
setback is 5 feet.
Use Lot Area Lot Width Front Yard*Side Yard*Rear Yard*Max.
Height
M ax.
Coverage
Single-family Dwelling 6,000 sq.ft.60'25'5'*10'35'80%***
Single-family Dwelling Attached**3,000 sq.ft.6030'25'5'*10'35'80%***
Two-family Dwelling 3,000 sq.ft.6030'25'5'*10'35'80%***
Townhome and/or Condominium 3,000 sq.ft.6030'25'0'*10'35'80%***
Multi-family Dwelling 3,000 sq.ft.60'25'5'*10'35'80%***
Other Permitted Uses 36,000 sq.ft.60'25'5'*10'35'80%***
Permitted Conditional Uses 36,000 sq.ft.60'25'5'*10'35'80%***
Accessory Buildings ---2 or 5'****2 or 5'**35'25 40 %***
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Section 5.10 RM - Mobile Home Residential District
5.10.01 Intent: The (RM) Residential Mobile Home District is intended to provide for mobile home developments
on leased or owned property in areas where a mobile home park or subdivision is appropriate, and where
such development is recognized as being in the best interests of the Village. Although the specific
conditions within this district are predetermined, the location of a proposed district must be carefully
reviewed to assure that the following conditions are met.
5.10.02 Permitted Uses:
1. Single family dwellings.
2. Mobile or Manufactured home dwellings.
3. Home Occupations pursuant to Home Occupation standards in Section 7.10.
4. Public parks, playgrounds and recreational facilities.
5. Cemeteries, not including mausoleums.
6. Churches and other places of worship.
7. Publicly owned and operated, fire stations, community centers, libraries, and similar facilities.
8. Public service facilities.
9. Public parks and recreation areas, playgrounds and conservation areas including flood control
facilities and natural wildlife habitats and preserves.
10. Educational institutions, including public and private primary schools, secondary schools including
universities, colleges, vocational schools, and business schools
5.10.03 Permitted Conditional Uses:
1. Child Care Centers.
2. Elderly Day Care Centers.
3. Public utility main transmission lines including substations, distributions centers, regulator
stations, pumping, treatment facilities, storage, equipment buildings, garages, towers, or similar
public service uses.
5.10.04 Accessory Uses:
1. Buildings and uses customarily incidental to the permitted uses.
2. Signs pursuant to Sections 7.06 through 7.09.
3. Parking pursuant to Sections 7.01 through 7.05.
4. Landscaping pursuant to Section 7.14.
5.10.05 Lot and Height Requirements:
1. A mobile home development shall have a lot area of not less than two (2) acres. No mobile homes
or other structures shall be located less than twenty-five feet (25’) from the road centerline when
contiguous to or having frontage to a Village Street or State Highway. The setback on all other
court property lines shall be ten feet (10’). These areas shall be landscaped. The minimum lot
depth in a mobile home court shall be two hundred feet (200’).
2. Each lot provided for occupancy of a single mobile home dwelling shall have an area of not less
than four thousand (4,000) square feet, excluding road right-of-way, and a width of not less than
forty feet (40’). Each individual lot shall have:
a). Side yard setback shall not be less than five feet (5’), except that on corner lots, the setback
for all buildings shall be a minimum of twenty-five feet (25’) on the side abutting a
street/road.
b). Front yard setback shall not be less than twenty-five feet (25’).
c). Rear yard of not less than twenty-five feet (25’).
3. There shall be a minimum livable floor area of five hundred (500) square feet in each mobile
home.
4. Height of buildings shall be:
a). Maximum height for principal uses shall be thirty-five feet (35’).
b). Maximum height for accessory uses shall be ten feet (10’).
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5. Each lot shall have access to a hard surfaced drive not less than twenty-four feet (24’) in width,
excluding parking.
6. Community water and community sewage disposal facilities shall be provided with
connections to each lot, in accordance with design standards for the Village. The water supply
shall be sufficient for domestic use and for fire protection.
7. Service buildings including adequate laundry and drying facilities. Common toilet facilities for
mobile homes which do not have these facilities within each unit may be provided.
8. Not less than ten percent (10%) of the total court area shall be designated and maintained for
park, playground and recreational purposes.
9. Each mobile home dwelling shall be provided with a paved patio or equivalent, other than
parking spaces, of not less than one-hundred and fifty (150) square feet.
5.10.06 Plan Requirements:
A complete plan of the mobile home development shall be submitted showing:
1. A development plan and grading plan of the court.
2. The area and dimensions of the tract of land.
3. The number, location, and size of all mobile home spaces.
4. The area and dimensions of the park, playground and recreation areas.
5. The location and width of roadways, street names, and walkways.
6. The location of service buildings and any other proposed structures.
7. The location of water and sewer lines and sewage disposal facilities.
8. Plans and specifications of all buildings and other improvements constructed or to be
constructed within the mobile home court.
5.10.07 Use Limitations: All lots must be platted in accordance with the Subdivision Regulations of the
Village.
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Section 5.11 GC General Commercial District
5.11.01 Intent: The General Commercial District is intended to establish standards that will foster and maintain an
area within the district boundaries that will benefit the retail trade, business, cultural, and social activities
of the entire community.
5.11.02 Permitted Uses:
1. Business services including: attorneys, banks, insurance, real estate, offices, postal stations, printing,
credit services, security brokers, dealers and exchange, title abstracting, savings and loans, finance
services and investment services; but not including uses defined in Adult Establishment.
2. Retail business or service establishments supplying commodities or performing services, such as, or in
compatibility with and including the following:
A) Antique store
B) Automobile parts and supply store
C) Bank
D) Barber and Beauty shop
E) Bicycle shop
F) Commercial greenhouse
G) Computer store
H) Dance studio, not including uses defined in Adult Establishment
I) Exercise, fitness and tanning spa, not including uses defined in Adult Establishment
J) Floral shop
K) Gift and curio shop
L) Hobby, craft, toy store
M) Jewelry store
N) Laundry pick-up and delivery stations
O) Locksmith
P) Meeting hall, not including uses defined in Adult Establishment
Q) Photographer
R) Picture framing shop
S) Printing shop
T) Restaurants, cafes and fast food establishment
U) Second hand stores
V) Self service laundries
W) Social club and fraternal organizations, not including uses defined in Adult Establishment
X) Tanning salon, not including uses defined in Adult Establishment
Y) Telephone exchange
Z) Telephone answering service
AA) Theater (indoor)
BB) Public overhead and underground local distribution utilities
CC) Video store, not including uses defined in Adult Establishment
DD) Bowling alley, , not including uses defined under “Adult Establishment,” provided any such
building is located at least one hundred feet (100’) away from any Residential District
boundary.
EE) Bus Terminal.
FF) Carpet, Furniture, and Appliance Sales
GG) Business Offices.
HH) Farm implement display or salesroom.
II) Filling stations and convenience stores.
JJ) Frozen food lockers.
KK) Funeral homes
LL) Golf driving ranges, miniature golf.
MM) Laundries and dry-cleaning establishments.
NN) Mortuaries, and funeral homes.
OO) Motels, hotels and trailer campgrounds, not including uses defined under “Adult
Establishment.”
PP) Private clubs and lodges, not including uses defined under “Adult Establishment.”
QQ) Professional offices.
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RR) Public utilities.
SS) Restaurants, nightclubs, cafes, and taverns, not including uses defined under “Adult
Establishment.”
TT) Veterinarian or animal hospital provided any such building, kennel, or exercise runway is
located at least one hundred feet (100’) away from any Residential District boundary.
UU) Residential Uses: dwelling units not to exceed 9 units per acre if any are located on the ground
floor or 20 units per acre if all units are located above the ground floor.
VV) Commercial Trades including (Plumbers, HV/HC, Electricians, Carpenters)
5.11.03 Permitted Conditional Uses:
1. Automobile or boat repair, provided all inoperable or junk vehicles are kept in an enclosed area or in
an enclosed building.
2. Business or trade school.
3. Car wash facility.
4. Churches, temples, seminaries, and convents including residences for teachers and pastors.
5. Convenience store with limited fuel sales.
6. Dance club, not including uses defined in Adult Establishment.
7. Dry cleaning establishments not over 2,000 sq. ft. in floor area, with one dry cleaning unit having a
capacity not to exceed 35 pounds per cycle using nonflammable or non-explosive solvents.
8. Frozen food locker.
9. Garden supply and retail garden center.
10. Gas station.
11. Liquor store.
12. Lumber yard.
13. Mortuary.
14. Milk distribution center.
15. Outdoor advertising signs.
16. Retail motor vehicle sales and service.
17. Tavern and cocktail lounge, not including uses defined in Adult Establishment.
18. Veterinarian or animal hospital, provided any such building, kennel, or exercise runway is located at
least one hundred (100') feet away from any (R) District boundary.
19. Self-storage garages.
20. Parking lots
21. Restaurants (enclosed)
22. Theater (outdoor)
5.11.04 Permitted Temporary Uses
1. Temporary Uses require a permit from the Village of Cairo and shall be valid only for a specific
amount of time as indicated on said permit.
2. Temporary greenhouses.
3. Temporary structures as needed for sidewalk and other outdoor sales events.
4. Fireworks stands, provided the criteria is met as established by the Village through separate
Ordinances.
5. Buildings and uses incidental to construction work which shall be removed upon completion or
abandonment of the construction work.
6. Temporary structure for festivals or commercial events.
5.11.05 Permitted Accessory Uses
1. Buildings and uses customarily incidental to the permitted uses.
2. Parking as permitted in Section 7.05 through 7.09.
3. Signs allowed in Section 7.01 through 7.04.
4. Landscaping as required by Section 7.17
5.Fabrication and assembly associated with a permitted retail or wholesale use.
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5.11.06 Height and Lot Requirements:
1. The height and minimum lot requirements shall be as follows:
Uses Lot Area
(SF)
Lot
Width
Front
Yard
Side
Yard
Rear
Yard
Max.
Height
Max. Lot
Coverage
Permitted Uses 8,000 -0’0’10’45’60%
Permitted Conditional Uses 8,000 -0’0’10’45’60%
Accessory Uses --0’0’10’17’10 30%
* The maximum height of any use shall be decreased to thirty-five feet (35’) when located within one-hundred feet (100’) of any
residential district.
** Side yard setback for accessory buildings shall be 2 foot for lots with a width of less than 100 feet and 5 foot for lots with a width of
more than 100 feet.
5.11.07 Use Limitations:
1. When adjacent to residentially zoned land, no parking, drives or signs shall be allowed in any
required yard within fifteen (15) feet of such district. Furthermore, permanent screening shall be
provided in this area in order to minimize impacts on residentially zoned property, as per Section
7.14.04.
2. Exterior lighting fixtures shall be shaded so that no direct light is cast upon any residential
property and so that no glare is visible to any traffic on any public street.
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Section 5.12 HC - Highway Commercial District
5.12.01 Intent: The (HC) Highway Commercial District is intended to establish standards that will foster and
maintain a specific area of commercial development that will benefit the entire community and
enhance the highway corridor approaching Cairo. This district is further intended to be utilized for
uses other than those allowed in the GC General Commercial District. This district shall be developed
in such a way that it does not hinder or impede the development of the downtown area.
5.12.02 Permitted Uses:
1. Car Washes.
2. Fire Station.
3. Indoor Skating rinks.
4. Nursery and Garden Stores.
5. Package Liquor Stores.
6. Private Clubs and Lodges.
7. Restaurants.
8. Taverns.
9. Veterinarian or animal hospital provided any such building, kennel, or exercise runway is located at
least one hundred feet (100') away from any residential district boundary.
5.12.03 Permitted Conditional Uses:
1. Agriculture implement sales and services.
2. Automobile, motorcycle, and truck sales and services.
3. Commercial Recreation Center.
4. Construction equipment rental and sales.
5. Convenience store with limited fuel sales.
6. Electric and telephone substations.
7. Lumber and building materials sales yard.
8. Carpet, Furniture, and Appliance Sales
9. Mobile Home and Trailer sales and rentals.
10. Funeral homes
11. Outdoor amusement establishments (amusement parks, permanent carnival and kiddie-parks,
miniature golf, driving ranges).
12. RV parks.
13. Self-storage units.
14. Service Stations.
5.12.04 Permitted Accessory Uses:
1. Buildings and uses customarily incidental to the permitted uses.
2. Parking pursuant to Sections 7.01 through 7.05.
3. Signs pursuant to Sections 7.06 through 7.09.
4. Temporary buildings and uses incidental to construction work that shall be removed upon
completion or abandonment of the construction work.
5. Landscaping pursuant to Section 7.14.
6.Fabrication and assembly associated with a permitted retail or wholesale use.
5.12.05 Height and Lot Requirements: The height and minimum lot requirements shall be as follows:
Use Lot Area Lot Width Front Yard Side Yard Rear Yard Max.
Height
Max. Lot
Co verage
Permitted Use 10,000 sq.ft.100 feet 30 feet *20 feet 45 feet**50%
Permitted Conditional Use 10,000 sq.ft.100 feet 30 feet *20 feet 45 feet**50%
Accessory Buildings --30 feet *-45 feet**30%
* None, except any side yard adjacent to any agriculture or residential district shall conform to the agriculture or residential yard
setback requirement for the adjacent agriculture or residential yard.
** The maximum height of any use shall be decreased to thirty-five feet (35’) when located within one-hundred feet (100’) of any
residential district.
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Section 5.13 I-1 Light Industrial District
5.13.01 Intent:It is the intent of the Light Industrial District Regulations to provide standards for area suitable
for some limited industrial, wholesaling and storage activities, to preserve land for the expansion of the
basic economic activities, to free these areas from intrusion by incompatible land uses, that these areas
should be served with adequate transportation facilities, and that user of this land conduct activities that
create low to moderate hazards to adjacent properties.
5.13.02 Permitted Uses:
1. Assembly, fabrication and processing of products inside an enclosed building, except hazardous
or combustible materials.
2. Laboratories.
3. Manufacture and assembly of electrical and electronic appliances.
4. Manufacturing, compounding, processing, packaging, or treatment of articles or merchandise
from previously prepared materials.
5. Manufacture of light sheet metal products including heating and ventilation equipment.
6. Printing and publishing business.
7. Stone and monument works.
8. Public local distribution and main transmission utilities.
9. Warehouses and wholesale businesses.
10. Building materials yards with enclosed and screened storage areas.
11. Highway maintenance yards or buildings.
12. Self-storage units.
13. Veterinarian or animal hospitals
14. Outdoor storage facilities
15. Ancillary Parking
16. Construction and contractor storage yards
17. Recycling collection and processing facilities, both public and private
18. Railroads, including terminals, switching yards, and related facilities
19. Dry cleaning
20. Pet health services
21. Health clubs and tanning salons, not including those classified as an Adult Establishment
22. Dance studios, not including those classified as an Adult Establishment
23. Personal improvement services
24. Commercial recreation facilities, indoor and outdoor
25. Self service mini storage
26. Public services
27. Parks and recreation
28. General and Medical offices
5.13.03 Permitted Conditional Uses
1. Radio, television and communication towers and transmitters, as per Section 7.11.
2. Fertilizer transmission lines
3. Utility substations, terminal facilities, and reservoirs.
4. Auction Sales
5. Construction and heavy equipment sales and service
6. Farm implement sales and service
7. Research facilities
8. Truck terminal and dock facilities to include truck washing
9. Auto body repair
10. Cabinetry millwork
11. Restaurant
12. Correctional facilities
13. Day care and day care centers
14. Churches
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5.13.04 Permitted Accessory Uses
1. Buildings and uses customarily incidental to the permitted uses
2. Parking as permitted in Section 7.05 through 7.09.
3. Signs allowed in Section 7.01 through 7.04.
4. Temporary buildings and uses incidental to construction work that will be removed upon
completion or abandonment of the construction work.
5. Landscaping as required by Section 7.17
5.13.05 Height and Lot Requirements:
1. The height and minimum lot requirements shall be as follows:
Use Lot Area
(SF)
Lot
Width
Front
Yard
Side
Yard
Rear
Yard
Max.
Height
Max. Lot
Coverage
Permitted Uses 15,000 100 50’1 10’10’-70%
Permitted Conditional Uses 15,000 100 50’1 10’10’-70%
Accessory Uses --25’10’10’17’10%
1 50' front yard setback required only when no parking is present in the front yard. If parking is located in the front yard then front yard
setback is a minimum of seventy (75) feet.
5.13.06 Use Limitations:
1. When adjacent to residentially zoned land, no parking, drives or signs shall be allowed in any
required yard within fifteen (15) feet of such district. Furthermore, permanent screening shall be
provided in this area in order to minimize impacts on residentially zoned property, as per Section
7.17.04.
2. No outdoor storage, except the display of merchandise for sale to the public, shall be permitted.
3. Exterior lighting fixtures shall be shaded so that no direct light is cast upon any residential
property and so that no glare is visible to any traffic on any public street.
5.13.07 Performance Standards:
See Section 7.16 of the Supplemental Regulations
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Section 5.14 I-2 Heavy Industrial District
5.14.01 Intent:It is the intent of the Heavy Industrial District Regulations to provide standards for area suitable
for some limited industrial, wholesaling and storage activities, to preserve land for the expansion of the basic
economic activities, to free these areas from intrusion by incompatible land uses, that these areas should be served
with adequate transportation facilities, and that user of this land conduct activities that create low to moderate
hazards to adjacent properties.
Adult Entertainment Facilities are included in this Zoning District. The intent of the Cairo Zoning
Ordinance is not to prohibit these uses but to regulate the secondary effects of these uses within the
community.
5.14.02 Permitted Uses:
1. Assembly, fabrication and processing of products inside an enclosed building, except hazardous
or combustible materials.
2. Laboratories.
3. Manufacture and assembly of electrical and electronic appliances.
4. Manufacturing, compounding, processing, packaging, or treatment of articles or merchandise
from previously prepared materials.
5. Manufacture of light sheet metal products including heating and ventilation equipment.
6. Printing and publishing business.
7. Stone and monument works.
8. Public local distribution and main transmission utilities.
9. Warehouses and wholesale businesses.
10. Building materials yards with enclosed and screened storage areas.
11. Highway maintenance yards or buildings.
12. Self storage units
13. Bottling Works
14. Dairy products processing
15. Laboratory
16. Veterinarian or animal hospitals
17. Ice Plant
18. Laundry and dry cleaning plant
19. Manufacturing, compounding, processing, packaging or treatment of articles or merchandising
from previously prepared materials such as bone, cloth, aluminum, cork, fiber, leather, glass,
plastic, paper, stones, tin, rubber, and paint
20. Millwork, woodwork
21. Storage and sales of farm and agricultural products
22. Tire retreading and recapping
23. Processing of food products
24. Public services
25. General and Medical offices
26. Parks and recreation
27. Equipment rental, sales, and repair
28. Construction and contractor storage yard, sales, and repair
29. Self service mini storage
30. Dry cleaning services
31. Vehicle storage, short and long term
32. Ancillary parking
33. Warehousing
34. Airports
35. Railroads
36. Truck and transportation terminals
37. Construction batch plants that are temporary in nature
5.14.03 Permitted Conditional Uses
1. Fertilizer transmission lines.
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2. Utility substations, terminal facilities, and reservoirs.
3. Radio, television and communication towers and transmitters, as per Section 7.11
4. Auction Sales
5. Construction and heavy equipment sales and service
6. Farm implement sales and service
7. Research facilities
8. Truck terminal and dock facilities to include truck washing
9. Auto body repair
10. Auto Salvage
11. Central mixing plant for concrete, asphalt, or paving material
12. Scrap and salvage yard
13. Storage of bulk petroleum products
14. Storage or processing of non-hazardous material
15. Restaurant
16. Adult Entertainment establishments.
A. No Adult business shall be closer than 500 feet to any similar use and no closer than
500feet to a residential district / use, religious uses, educational uses and recreational
uses. Measurements shall be made in a straight line, without regard to intervening
structures or objects, from the main entrance of such adult business to the point on the
property line of such other adult business, residential district / use, religious use,
educational uses and recreational use.
B. Said businesses shall be screened along adjoining property lines as to prevent any direct
visual contact of the adult business at the perimeter.
C. Doors, curtains and any other means of obstruction to the opening of all booths and
other preview areas, including but not limited to Adult Novelty Businesses, Adult
Motion Picture Arcades, Adult Mini-Motion Picture Theaters, and Adult Motion Picture
Theaters shall be removed and kept off at all times during the execution of this Permit.
Failure to comply with this condition shall result in revocation of the Conditional Use
Permit.
D. No adult business shall be open for business between the hours of one am and six a.m.
E. The proposed location, design, construction and operation of the particular use
adequately safeguards the health, safety, and general welfare of persons residing or
working in adjoining or surrounding property,
F. Such use shall not impair an adequate supply of light and air to surrounding property,
G. Such use shall not unduly increase congestion in the streets or public danger of fire and
safety,
H. Any explicit signs shall not be seen from any point off-premises,
I. Such use shall not diminish or impair established property values in adjoining or
surrounding property,
J. Such use shall be in accord with the intent, purpose and spirit of this Ordinance and the
Comprehensive Development Plan of the Village
K. Applications for adult businesses under the terms of this Section shall be accompanied
by evidence concerning the feasibility of the proposed request and its effect on
surrounding property and shall include a site plan defining the areas to be developed for
buildings and structure, the areas to be developed for parking, driveways and points of
ingress and egress, the location and height of walls, the location and type of landscaping,
and the location, size and number of signs.
L. An adult business shall post a sign at the entrance of the premises which shall state the
nature of the business and shall state that no one under the age of eighteen (18) years of
age is allowed on the premises. This Section shall not be construed to prohibit the owner
from establishing an older age limitation for coming on the premises.
M. Prohibited Activities of Adult Businesses
1) No adult business shall employ any person under eighteen (18) years of age
2) No adult business shall furnish any merchandise or services to any person who
is under eighteen (18) years of age
3) No adult business shall be conducted in any manner that permits the
observation of any model or any material depicting, describing or relating to
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specified sexual activities or specified anatomical areas by display, decoration,
sign, show window or other opening from any public way or from any property
not licensed as an adult use. No operator of an adult business or any officer,
associate, member, representative, agent, owner, or employee of such business
shall engage in any activity or conduct in or about the premises which is
prohibited by this Ordinance or any other laws of the State.
4) No part of the interior of the adult business shall be visible from the pedestrian
sidewalk, walkway, street, or other public or semi-public area.
5.14.04 Permitted Accessory Uses
1. Buildings and uses customarily incidental to the permitted uses.
2. Parking as permitted in Section 7.05 through 7.09.
3. Signs allowed in Section 7.01 through 7.04.
4. Temporary buildings and uses incidental to construction work which will be removed upon
completion or abandonment of the construction work.
5. Buildings used by guards during periods of construction
6. Landscaping as required by Section 7.17
Height and Lot Requirements:The height and minimum lot requirements shall be as follows:
Max. Lot Coverage Lot Area
(SF)
Lot
Width
Front
Yard
Side
Yard
Rear
Yard
Max.
Height
Max. Lot
Coverage
Permitted Uses 5,000 50’50’1 50’10’-80%
Permitted Conditional Uses 5,000 50’50’1 50’10’-80%
Accessory Uses --25’10’10’17’10%
1 50' front yard setback required only when no parking is present in the front yard. If parking is located in the front yard then
front yard setback is a minimum of seventy (75) feet.
5.14.06 Use Limitations:
1. When adjacent to residentially zoned land, no parking, drives or signs shall be allowed in any
required yard within fifteen (15) feet of such district. Furthermore, permanent screening shall be
provided in this area in order to minimize impacts on residentially zoned property, as per Section
7.17.04.
2. Exterior lighting fixtures shall be shaded so that no direct light is cast upon any residential
property and so that no glare is visible to any traffic on any public street.
5.14.07 Performance Standards:
See Section 7.16 of the Supplemental Regulations
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Section 5.15 PUD PLANNED UNIT DEVELOPMENT
5.15.01 Intent
The purpose of the Planned Unit Development regulations is to encourage flexibility in the design and
development of land in order to promote its most appropriate use in an attractive and pleasant manner, to
facilitate the adequate and economical provision of street, utilities and other improvements, and to
preserve the natural and scenic qualities of open area.
5.15.02 Qualifying Requirements
In order to qualify for treatment under these Planned Unit Development regulations, a tract or parcel of
land proposed for a Planned Unit Development application must be either in one ownership or filed jointly
by the owners of all property included. For the purposes of this section, the holder of a written option to
purchase land shall for purposes of such application be deemed to be an owner of such land.
The planning commission, in its minutes, shall set forth its reasons for recommendation of approval or
denial of the application for a PUD District, along with specific evidence and facts showing that the
proposal meets or does not meet the following conditions.
A) Said planned unit development shall be in general conformity with the provisions of the
Comprehensive Plan.
B) Said planned unit development shall not have a substantially adverse effect on the development of the
neighboring area.
C) The minimum size allowed for a PUD District shall be as follows:
1. Residential, three acres
2. Commercial, three (5) acres;
3. Industrial, three (5) acres;
4. Height, bulk, and setback requirements may be varied so as to promote an efficient and creative
PUD District.
5.15.03 Coordination With Any Subdivision Regulations Which May Be Enacted
It is the intent of this Ordinance that subdivision review under any subdivision regulation which may be
enacted and in effect be carried out simultaneously with the review of a Planned Unit Development under
this Zoning Ordinance. The plans required under SECTION 5.15.05 must be submitted in a form which
will satisfy the requirements of the subdivision regulations for the preliminary and final plans required
under those regulations, as determined by the official charged with the administration of the subdivision
regulations.
Both this Ordinance and any other subdivision regulations which may be in effect may both contain
regulations which apply to such matters in the design of a Planned Unit Development as streets and open
spaces. In any Planned Unit Development for which the provisions of the two ordinances may be in
conflict, the regulations of the subdivision regulations shall govern.
5.15.04 Planned Unit Developments Permitted in Certain Districts
A Planned Unit Development may be located in any residential, commercial, or industrial zoning district;
EXCEPT for the MH Mobile Home Residential District.
5.15.04.01 Uses Permitted in Planned Unit Developments
The following uses and structures may be permitted, either individually or in
combination, in a Planned Unit Development:
1. Single-family, two-family and multiple-family dwelling units;
2. Trade, professional and service uses;
3. Automotive vehicle service stations (except the provision of transient lodging
facilities for teamsters);
4. Educational services;
5. Cultural, entertainment and recreational uses;
6. Golf courses and country clubs;
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7. Play fields and athletic fields;
8. Utility substations;
9. On-site signs;
10. Field crops, horticulture, grass or grazing lands or natural habitat.
11. Manufacturing and other uses which may be permitted by the covenants of the
Planned Unit Development to such an extent that the Village of Cairo will be able to
control and monitor such usage by means of conditional use permits required for
these specific types of usage.
5.15.05 Preliminary Development Plan
An applicant shall make application for the approval of a Planned Unit Development in the same manner
as an amendment to the Official Zoning Map and include a preliminary development plan.
5.15.05.01 Required Information
A preliminary development plan must show enough of the area surrounding the proposed
Planned Unit Development to demonstrate the relationship of the Planned Unit Development
to adjoining uses, both existing and proposed, and also include all the following information:
a) A map showing street systems, lot lines and lot design. Street width and surfacing
shall be shown on said map. Private streets shall be identified as private.
b) A generalized plan showing the proposed system for the drainage of surface and
storm water. Relevant floodway and floodway fringe delineation and elevation
shall be shown if applicable.
c) A generalized plan showing the proposed system for the collection and disposal of
sewage.
d) A generalized plan showing the proposed water supply and distribution system.
e) Areas proposed to be conveyed, dedicated or reserved for parks, parkways,
playgrounds, school sites, public buildings, and similar public and semi-public uses
or other permanent open space uses
f) A plot plan identifying significant environmental feature including but not limited
to: lakes, ponds, streams, ridges, scenic views, natural prairie or other grasslands,
trees of with a diameter of more than 2 inches, clumps or 5 or more trees and/or
bushes. Tree species shall be identified by common name.
g) A plot plan for each building site and common open area, showing the maximum
building envelope and indicating the landscaping areas around buildings and
structures.
h) Elevation and perspective drawings of all proposed structures and improvements
except single-family or two family dwellings and their accessory buildings. The
drawings need not be the result of final architectural decisions and need not be in
detail.
i) A development schedule indicating
1) the approximate date when construction of the project can be expected to
begin;
2) the stages in which the project will be built and the approximate date when
construction of each stage can be expected to begin;
3) the anticipated rate of development;
4) the approximate dates the development of each of the stages in the
development will be completed; and
5) the area and location of common open spaces that will be provided at each
stage.
j) Agreements, provisions or covenants which govern the use, maintenance and
continued protection of the Planned Unit Development and any of its common open
areas and private streets or utilities.
k) The following plans and diagrams, insofar as the Planning Commission finds that
the Planning Unit Development creates special problems of traffic, parking,
landscaping or economic feasibility.
1) An off-street parking and loading space plan.
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CAIRO, NEBRASKA ZONING ORDINANCE UPDATE AND READOPTION JUNE 2023 67
2) 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.
3) A landscaping and tree planting plan.
4) An economic feasibility report or market analysis.
5.15.05.02 Approval of Preliminary Development Plan
Within 60 days after the submission of the application for a Planned Unit Development to the
Planning Commission, the Planning Commission shall forward said application containing a
preliminary development plan and written statement to the Village Board together with its
own written report recommending that the preliminary development plan be disapproved,
approved or approved with modifications, and giving the reasons therefore.
The Village Board shall hold a public hearing on the preliminary plan within 60 days after
receipt of the Planning Commission’s report. At least ten days notice of the time and place
of such hearing shall be published in a newspaper of general circulation in the county. After
the public hearing, the Village Board shall approve, disapprove or approve with
modifications, the preliminary development plan.
If the preliminary development plan is approved by the Village Board, the Official Zoning
Map shall be amended to show the Planned Unit Development. If the preliminary
development plan is approved with modification, the Official Zoning Map shall not be
amended until the applicant has filed with the Village Board written consent to the plan as
modified. No building permits may be issued on land within the Planned Unit Development
until final plans for the development have been approved by the Planning Commission under
the procedures established in the following sections.
5.15.06 Approval of Final Development Plan
Within one year following the approval of the preliminary development plan, the applicant shall file with
the Planning Commission a final development plan containing in final form the information required in the
preliminary plan. In its discretion and for good cause, the Planning Commission may extend for six
months the period for the filing of the final development plan.
The Planning Commission shall review the final development plan and shall approve the final
development plan and shall approve the final development plan if it is in substantial compliance with the
preliminary development plan. The approved final plan shall be forwarded to the Village Board for
approval and subsequent filing with the County Register of Deeds similarly to any final subdivision.
5.15.07 Failure to Begin Planned Unit Development
If no construction has begun or no use has been established in the Planned Development within one year
from the approval of the final development plan, the final development plan shall lapse and be of no
further effect. In its discretion and for good cause, the Planning Commission may extend for one
additional year the period for the beginning of construction or the establishment of a use. If a final
development plan lapses under the provisions of this section, the Village Clerk shall file a notice of
revocation with the recorded final development plan, and the Village Board shall initiate a rezoning
procedure for revision of the property to the zoning district applicable before the Planned Unit
Development was approved.
5.15.08 Changes in the Final Development Plan
No changes may be made in the approved final plan during the construction of the Planned Unit
Development except upon application to the appropriate agency under procedures provided below:
a) Minor changes in the location, siting and height of buildings and structures, rearrangement of lot
lines if no new lots, easements or right-of-way is created, may be authorized by the Planning
Director if required by engineering or other circumstances not foreseen at the time the final plat
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ARTICLE 5: ZONING DISTRICTS
CAIRO, NEBRASKA ZONING ORDINANCE UPDATE AND READOPTION JUNE 2023 68
was approved. No change authorized by this section may increase the cube of any building or
structure by more than 10 percent.
b) All other changes in use, rearrangement streets and blocks, any changes in the provision of
common open spaces and all other changes in the approved final plan must be made by the
Village Board under the procedures authorized by this Ordinance for the amendment of the
Official Zoning Map.
5.15.09 Density Bonuses
The use of the PUD District, in conjunction with Conservation Easements, will allow a developer of a
Subdivision to institute Density Bonuses.
Density Bonuses may be awarded in direct proportion to the amount of the proposed Subdivision that is
placed within a Conservation Easement.
For example:
If a developer places 30% of the proposed Subdivision into a Conservation Easement,
then the required Lot Area may be reduced by 30% in order to maintain the same
number of lots that would have been allowed by the Subdivision lot area and the
minimum lot size of the Zoning District.
Normal Development
▪A developer has 10 acres of land to develop = 435,600 square feet
▪Minimum lot area of the Zoning District = 10,000 square feet
▪Total lots (minus streets) = 43.56
Development with Conservation Easements
▪Same site of 10 acres = 435,600 square feet
▪30% of site is placed in a Conservation Easement = 130,680 square feet
▪Density Bonus allows total lots of 43.56
▪New minimum lot area for Subdivision = 7,000 square feet
Density Bonuses shall not be a means for a developer to lower the Minimum Lot Area within Subdivision,
particularly if private water wells and/or septic systems. All lots shall be required to meet the criteria
established for wells and septic systems as regulated by the Nebraska Department of Environmental
Quality.
5.15.10 Enforcement of the Development Schedule
The construction and provision of all of the common open spaces and public recreational facilities which
are shown on the final development plan must proceed at the same rate as the construction of dwelling
units. At least once every six months following the approval of the final development plan, the County
Building Inspector shall review all of the permits issued for the Planned Unit Development and examine
the construction which has taken place on the site. If he should find that the rate of construction of
dwelling units is greater than the rate at which common open spaces and public and recreational facilities
have been constructed and provided, he shall forward this information to the Village Board, which may
revoke the Planned Unit Development District Amendment.
The County Building Inspector shall not issue a building permit for any building or structure shown on the
final development plan unless the common open space to be conveyed has been adequately assured to the
Village Clerk in a manner satisfactory to the Planning Commission. This may be a bond, corporate surety
or other acceptable financial guarantee, including escrow agreements.
5.15.11 Control of Planned Unit Development Following Completion
The Planning Director shall issue a certificate certifying the completion of the Planned Unit Development,
and the Village Clerk shall note the issuance of the certificate on the recorded final development plan.
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ARTICLE 5: ZONING DISTRICTS
CAIRO, NEBRASKA ZONING ORDINANCE UPDATE AND READOPTION JUNE 2023 69
After the certificate of completion has been issued, the use of land and construction, modification or
alteration of any building or structures within the Planned Unit Development will be governed by the
approved final development plan rather than by any other provisions of the Zoning Ordinance.
After the certificate of completion has been issued, no changes may be made in the approved final
development plan except upon application to the appropriate agency under the procedures provided below:
a) Any minor extensions, alterations or modifications of existing buildings or structures may be
authorized by the Planning Director if they are consistent with the purposes and intent of the final
plan. No change authorized by this section may increase the cube or foot print of any building or
structures by more than 10 percent.
b) Any uses not authorized by the approved final plan, but allowable in the Planned Unit
Development as a permitted use under the provisions of this Zoning Ordinance, or permitted as a
conditional use in the district in which the Planned Unit Development is located, may be added to
the final development plan under the procedures provided by this Zoning Ordinance for the
procedures provided by the Zoning Ordinance for the approval of a conditional use.
c) A building or structure that is totally or substantially destroyed may be reconstructed only in
compliance with the final development plan unless an amendment to the final development plan
is approved under item “e” below.
d) Changes in the use of common open space may be authorized by an amendment to the final
development plan under item (e) below.
e) All other changes in the final development plan must be made by the Village Board, under the
procedures authorized by this Ordinance for the amendment of the Official Zoning Map. No
changes may be made in the final development plan unless they are required for the continued
successful functioning of the Planned Unit Development, or unless they are required by change in
conditions that have occurred since the final plan was approved, or by changes in the
development policy of the county.
No changes in the final development plan, which are approved under this section, are to be considered as a
waiver of the covenants limiting the use of land, buildings, structures and improvements within the area of
the Planned Unit Development, and all rights to enforce these covenants against any changes permitted by
this section are expressly reserved.
5.15.12 Subdivision and Resale of Planned Unit Development
A Planned Unit Development may be subdivided or re-subdivided for purpose of sale or lease. The
procedure specified in the subdivision regulations for Cairo shall be followed.
Subdivided or resubdivided Planned Unit Developments are to be controlled by the final development plan
rather than by the provisions of this Ordinance that otherwise would be applicable, except in the case of
changes in the final development plan in which situation the provisions of this section, governing changes
in the final development plan will apply.
5.15.13 Fees
For the following applications, the indicated fees shall be paid to the Village and County:
1. Preliminary PUD; as set in the Master Fee Schedule
2. Final PUD; as set in the Master Fee Schedule
These fees are separate and do not include any Preliminary and Final Plat Fees and/or any Change of Zone
Fees required by the Village.
Page 83 of 225
ARTICLE 5: ZONING DISTRICTS
CAIRO, NEBRASKA ZONING ORDINANCE UPDATE AND READOPTION JUNE 2023 70
Section 5.16 Lot and Area Requirements
A rea Width F ro nt Sid e Rear
A G - T ransit io nal
Residential Dwelling (private well or septic)20 acres 100 35 15 25 35 40%
Residential Dwelling (public water and sewer)20 acres 100 35 15 25 35 40%
Other Permitted Uses 20 acres 100 35 15 25 35 40%
Broadcast To wers (Also see Section 7.11)10,000 sq.ft.100 35 15 25 35 40%
Other Permitted Conditional Uses 3 acres 100 35 15 25 35 40%
Accessory Buildings --35 15 25 --
TA - Transitio n al A griculture
Single Family Dwelling 20,000 sq.ft.100 35 20 35 35 40%
Other Permitted Uses 20 acres 100 35 20 35 35 40%
Permitted Conditional Uses 20 acres 100 35 20 35 35 40%
Accessory Buildings --35 20 35 35 20%
R-9 - Sin gle-Fam ily Res idential
Single Family Dwelling 9,000 sq.ft.75 25 10 25 35 30%
Other Permitted Uses 2 acres 75 25 20 25 35 30%
Permitted Conditional Uses 2 acres 75 25 20 25 35 30%
Accessory Buildings --25 2 or 5 5 20 30%
R-6 - M u lti-Fam ily Res idential
Single-family Dwelling 6,000 sq.ft.60 25 7 25 35 40%
Single-family Dwelling Attached 6,000 sq.ft.60 25 7 25 35 40%
Two-family Dwelling 6,000 sq.ft.60 25 7 25 35 40%
M ulti-familt Dwelling 6,000 sq.ft.60 25 7 25 35 40%
Other Permitted Uses 6,000 sq.ft.60 25 7 25 35 40%
Other Permitted Conditional Uses 6,000 sq.ft.60 25 7 25 35 40%
Accessory Buildings --25 2 or 5 25 20 15%
R-3 - M u lti-Fam ily Res idential
Single-family Dwelling 6,000 sq.ft.60 25 5 10 75 80%
Single-family Dwelling Attached 3,000 sq.ft.60 25 5 10 75 80%
Two-family Dwelling 3,000 sq.ft.60 25 5 10 75 80%
M ulti-familt Dwelling 3,000 sq.ft.60 25 5 10 75 80%
Other Permitted Uses 3,000 sq.ft.60 25 5 10 75 80%
Other Permitted Conditional Uses 3,000 sq.ft.60 25 5 10 75 80%
Accessory Buildings --25 2 or 5 10 20 25%
GC - G eneral C o mmercial
Permitted Uses 5,000 sq.ft.60 0 0 30 45 60%
Permitted Conditional Uses 5,000 sq.ft.60 0 0 30 45 60%
Accessory Uses --0 0 30 20 30%
HC - H ighway Co m m erc ial
Permitted Use 10,000 sq.ft.100 30 0 20 45 50%
Permitted Conditional Use 10,000 sq.ft.100 30 0 20 45 50%
Accessory Buildings --30 0 0 20 30%
I-1 - Light In dus trial
Permitted Uses 20,000 sq.ft.80 50 10 20 50 50%
Permitted Conditional Uses 20,000 sq.ft.80 50 10 20 50 50%
Accessory Uses --50 10 20 20 30%
I-2 - Heavy Industrial
Permitted Uses 25,000 sq.ft.100 50 25 20 -80%
Permitted Conditional Uses 25,000 sq.ft.100 50 25 20 -80%
Accessory Uses --25 10 20 30 30%
M axim um Lo t
C o vera geDistrictMinimum Lo t Size M inimum Ya rd Setback M axim um
B uilding
Height
Additional requirements may apply, please also refer to the zoning district regulations contained herein for further requirements.
Page 84 of 225
ARTICLE 6: CONDITIONAL USE PERMITS
CAIRO, NEBRASKA ZONING ORDINANCE UPDATED & READOPTED 2023 71
ARTICLE 6: CONDITIONAL USE PERMITS
Section 6.01 General Provisions
The Village Board may, by conditional use permit after a Public Hearing, authorize and permit conditional uses as
designated in the district use regulations. Approval shall be based on findings that the location and characteristics
of the use will not be detrimental to the health, safety, morals, and general welfare of the area.
Allowable uses may be permitted, enlarged, or altered upon application for a conditional use permit in accordance
with the rules and procedures of this ordinance. The Board may grant or deny a conditional use permit in
accordance with the intent and purpose of this ordinance. In granting a conditional use permit, the Board will
authorize the issuance of a conditional use permit and shall prescribe and impose appropriate conditions,
safeguards, and a specified time limit for the performance of the conditional use permit.
Section 6.02 Application for Conditional Use Permits
A request for a conditional use permit or modification of a conditional use permit may be initiated by a property
owner or his or her authorized agent by filing an application with the Village upon forms prescribed for the
purpose. A drawing or site plan and other such plans shall accompany the application, as well as data showing the
dimensions, arrangements, descriptions data, and other materials constituting a record essential to an understanding
of the proposed use and proposed modifications in relation to the provisions set forth herein. A plan as to the
operation and maintenance of the proposed use shall also be submitted. The application shall be accompanied with
a non-refundable fee.
Section 6.03 Public Hearing
Before issuance of any conditional use permit, the Board will consider the application for the conditional use permit
at a public hearing after prior notice of the time, place, and purpose of the hearing has been given by publication in
a legal paper of general circulation in the Village of Cairo, one time at least ten (10) days prior to such hearing.
Section 6.04 Decisions
A majority vote of the Board shall be necessary to grant a conditional use permit. No order of the Board granting a
conditional use permit shall be valid for a period of longer than twelve (12) months from the date of such order,
unless the Board specifically grants a longer period of time upon the recommendation of the Board.
Section 6.05 Standards
No conditional use permit shall be granted unless the Village Board has found:
6.05.01 That the establishment, maintenance, or operation of the conditional use will not be detrimental to or
endanger the public health, safety, moral, comfort, or general welfare of the community.
6.05.02 That the conditional use will not be injurious to the use and enjoyment of other property in the
immediate vicinity for the purpose already permitted, nor substantially diminish and impair property
values within the neighborhood.
6.05.03 That the establishment of the conditional use will not impede the normal and orderly development of the
surrounding property for uses permitted in the district.
6.05.04 That adequate utilities, access roads, drainage, and/or necessary facilities have been or are being
provided.
6.05.05 That adequate measures have been or will be taken to provide ingress and egress so designed as to
minimize traffic congestion in the public streets.
6.05.06 The use shall not include noise, which is objectionable due to volume, frequency, or beat unless muffled
or otherwise controlled.
6.05.07 The use shall not involve any pollution of the air by fly-ash, dust, vapors or other substance which is
harmful to health, animals, vegetation or other property or which can cause soiling, discomfort, or
irritation.
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ARTICLE 6: CONDITIONAL USE PERMITS
CAIRO, NEBRASKA ZONING ORDINANCE UPDATED & READOPTED 2023 72
6.05.08 The use shall not involve any malodorous gas or matter, which is discernible on any adjoining lot or
property.
6.05.09 The use shall not involve any direct or reflected glare, which is visible from any adjoining property or
from any public street, road, or highway.
6.05.10 The use shall not involve any activity substantially increasing the movement of traffic on public streets
unless procedures are instituted to limit traffic hazards and congestion.
6.05.11 The use shall not involve any activity substantially increasing the burden on any public utilities or
facilities unless provisions are made for any necessary adjustments.
Section 6.06 Standards for Garages
No conditional use permit shall be granted for a garage as a principal structure in a Residential District unless
Section 6.05 has been complied with, and the Village Board has also found:
1. The garage shall be constructed of materials normally used in residential construction within Cairo. The
exterior coverings and finishes, including siding, shingles, and paint or stucco, shall be similar to those
normally used in residential construction within Cairo.
2. The owner of the property on which the garage sits shall be a resident of and own other land within Cairo.
3. The sidewalls shall not exceed twelve feet (12’) in height, and the overall height must conform to the
requirement for the respective Residential District.
4. The roof of the garage shall be pitched at a minimum two and one-half to twelve (2-1/2:12).
5. The use of any portion of the garage for living quarters or habitable space by any human or animal shall be
prohibited.
6. The use of any portion of the garage for a Home Occupation shall be prohibited.
7. Exterior storage on the lot shall be prohibited.
8. Vehicle parking spaces provided on the lot shall not be counted as part of the parking requirements for any
other use.
9. When unoccupied, all openings to the structure shall remain closed and locked.
Page 86 of 225
ARTICLE 7: SUPPLEMENTAL REGULATIONS
CAIRO, NEBRASKA ZONING ORDINANCE UPDATED & READOPTED 2023 73
ARTICLE 7: SUPPLEMENTAL REGULATIONS
Section 7.01 Off-Street Automobile Storage
7.01.01 Off-street automobile storage or standing space shall be provided on any lot on which any of the
following uses are hereafter established; such space shall be provided with vehicular access to a street or
an alley. For purposes of computing the number of parking spaces available in a given area, the ratio of
two hundred (200) square feet per parking space shall be used.
7.01.02 Where calculations in accordance with the foregoing list results in requiring a fractional space, any
fraction less than one-half shall be disregarded and any fraction of one-half or more shall require one
space.
7.01.03 Some uses may require two different use types to be calculated together in order to determine the total
parking requirement (Example: Primary schools may require tabulation for classrooms and assembly
areas).
7.01.04 All parking spaces for single-family dwellings, two or more unit multi-family dwellings, convalescent
homes, apartments, townhouses, and mobile homes shall be paved with crushed rock, asphalt or
concrete.
7.01.05 In Districts R-1, R-2, and RM, required off-street parking shall be provided on the lot on where the use
to which the parking pertains, or immediately adjacent thereto. In other Districts, such parking may be
provided either on the same lot or an adjacent or other lot, provided, however, the lot on which the use
requiring them is located and the lot providing the parking are not separated by more than four–hundred
feet (400’) at closest points, measured along a street or streets. Such vehicle standing space shall be
deemed to be required open space associated with the permitted use and shall not thereafter be reduced
or encroached upon in any manner. Where off-street parking is located on a lot other than the lot
occupied by the use, which requires it, site plan approval for both lots is required.
Section 7.02 Off-street Parking: Shared Parking Requirements
Notwithstanding the provisions of Section 7.03, in cases where parking and building patterns are such that
overlapping uses of a majority of the total number of parking spaces in the center is likely to occur, compliance
with the standard retail parking ratios may be decreased by the Village Board. Said request for a decrease in
parking spaces shall made as an Application for a Conditional Use Permit.
Page 87 of 225
ARTICLE 7: SUPPLEMENTAL REGULATIONS
CAIRO, NEBRASKA ZONING ORDINANCE UPDATED & READOPTED 2023 74
Section 7.03 Schedule of Minimum Off-Street Parking and Loading Requirements
Uses Parking Requirements Loading Requirements
Adult Entertainment Establishments One (1) space per 2 persons of licensed capacity None required
Bowling Alleys Four (4) spaces per alley plus one (1) per 2 employees One (1) space per establishment
Churches, Synagogues, and Temples One (1) space per 4 seats or 8 feet of pew length in main
worship area
None required
Clubs, including fraternal organizations One (1) space per 500 s.f. of net floor area None required
College/University Eight (8) spaces per classroom plus 1 space per
employee
Two (2) spaces per structure
Commercial Uses
Agricultural Sales / Service One (1) space per 500 s.f. of net floor area One (1) per establishment
Automotive Rental / Sales One (1) space per 500 s.f. of net floor area One (1) per establishment
Automotive Servicing Three (3) spaces per repair stall None required
Bars, Taverns, Nightclubs Parking equal to 30% of licensed capacity Two (2) spaces per establishment
Body Repair Four (4) spaces per repair stall None required
Dance Hall One (1) space per 100 s.f. of net floor area plus 1 space
per employee
One (10 per establishment
Equipment Rental / Sales One (1) space per 500 s.f. of net floor area One (1) Space
Campground One (1) space per camping unit None required
Commercial Recreation One (1) space per 4 persons of licensed capacity One (1) per establishment
Communication Services One (1) space per 500 s.f. of net floor area One (1) per establishment
Construction Sales / Service One (1) space per 500 s.f. of net floor area One (1) per establishment
Food Sales (limited)One (1) space per 300 s.f. of net floor area One (1) per establishment
Food Sales (general)One (1) space per 200 s.f. of net floor area Two (2) per establishment
General Retail Sales establishments One (1) space per 200 s.f. of net floor area One (1) per establishment
Laundry Services One (1) space per 200 s.f. of net floor area None required
Restaurants w/ drive-thru Greater of the two:
One (1) space per 40 s.f. of dining area, or
One (1) space per 150 s.f. of net floor area
One (1) per establishment
Restaurants (General)Parking equal to 30% of licensed capacity Two (2) spaces per establishment
Convalescent and Nursing home
Services
One (1) space per 3 beds plus 1 per employee on the
largest shift
Two (2) space per structure
Day Care One (1) space per employee plus 1 space or loading stall
per each 10 persons of licensed capacity
None required
Educational Uses, Primary facilities Two (2) spaces per classroom Two (2) spaces per structure
Educational Uses, Secondary facilities Eight (8) spaces per classroom plus 1 space per
employee on largest shift
Two (2) spaces per structure
Funeral Homes and Chapels Eight (8) spaces per reposing room Two (2) spaces per establishment
Group Care Facility One (1) space per 4 persons of licensed capacity Two (2) space per structure
Group Home One (1) space per 4 persons of licensed capacity Two (2) space per structure
Guidance Services One (1) space per 300 s.f. of net floor area None required
Hospitals One (1) space per 2 licensed beds Three (3) spaces per structure
Hotels and Motels One (1) space per rental unit plus 1 per 2 employees on
largets shift
One (1) space per establishment
Housing (Congregate)
Assisted-living facilities One (1) space per dwelling unit plus 1 space per
employee on the largest shift
One (1) per structure
Duplex Two (2) spaces per dwelling unit None required
Multi-family / Apartments /
Dormitory / Student Lodging
One (1) space per sleeping unit – spaces to be sited in
the general proximity of where the sleeping units are
located
None required
Industrial Uses Three (3) spaces for every 4 employees during the
largest shift (.75 times number of employees.)
Two (2) spaces per establishment
Libraries One (1) space per 400 s.f. of net floor area plus 1 space
per employee
One (1) per structure
Boarding Houses / Bed and Breakfasts One (1) space per rental units None required
Medical Clinics Five (5) spaces per staff doctor, dentist, chiropractor None required
Mobile Home Park Two (2) per dwelling unit None required
Offices and Office Buildings One (1) space per 200 s.f. of net floor area None required
Residential (Single-family, attached and
detached)
Two (2) spaces per dwelling unit None required
Roadside stands Four (4) spaces per establishment None required
Service Oriented Establishments One (1) space per 200 s.f. of net floor area One (1) per establishment
Theaters, Auditoriums, and Places of
Assembly
One (1) space per 5 persons of licensed capacity One (1) space per establishment
Veterinary Establishments Three (3) spaces per staff doctor None required
Wholesaling / Distribution Operations One (1) space per 2 employees on the largest shift Two (2) spaces per establishment
Page 88 of 225
ARTICLE 7: SUPPLEMENTAL REGULATIONS
CAIRO, NEBRASKA ZONING ORDINANCE UPDATED & READOPTED 2023 75
Section 7.04 Off-Street Parking: Parking for Individuals with Disabilities
7.04.01 In conformance with the Americans with Disabilities Act (ADA) and the Nebraska Accessibility
Guidelines, if parking spaces are provided for self-parking by employees or visitors, or both, then
accessible spaces shall be provided in each parking area in conformance with the table in this section.
Spaces required by the table need not be provided in the particular lot. They may be provided in a
different, if equivalent or greater accessibility, in terms of distance from an accessible entrance, cost and
convenience, is ensured.
Total Parking Spaces Required Minimum Number
of Accessible Spaces
1 to 25 1
26 to 50 2
51 to 75 3
76 to 100 4
101 to 150 5
151 to 200 6
201 to 300 7
301 to 400 8
401 to 500 9
501 to 1,000 2 percent of the total
1,001 and over 20, plus 1 for each 100 over 1,000
7.04.02 Except as provided to Section 7.04.01.01 of this Ordinance, access aisles adjacent to accessible spaces
shall be five feet (5’) wide minimum.
1. One in every eight accessible spaces, but not less than one, shall be served by an access aisle eight
feet (8’) wide minimum and shall be designated “van accessible” as required by Section 7.04.04 of
this Ordinance. The vertical clearance at such spaces shall comply with 7.04.05 of this Ordinance.
All such spaces may be grouped on one level of a parking structure.
2. Parking access aisles shall be part of an accessible route to the building or facility entrance. Two
(2) accessible parking spaces may share a common access aisle.
3. Parked vehicle overhangs shall not reduce the clear width of an accessible route. Parking spaces and
access aisles shall be level with slopes not exceeding two percent (2%) in all directions.
4. If passenger-loading zones are provided, then at least one passenger loading zone shall comply with
7.04.06 of this Ordinance.
5. At facilities providing medical care and other services for persons with mobility impairments,
parking spaces complying with 7.04 of this Ordinance shall be provided in accordance with 7.04.01
of this Ordinance; except as follows:
a). Outpatient units and facilities: ten percent (10%) of total number of parking spaces provided
serving each such outpatient unit or facility;
b). Units and facilities that specialize in treatment or services for persons with mobility
impairments: twenty percent (20%) of the total number of parking spaces provided serving
each such unit or facility.
7.04.03 Location of accessible parking spaces serving a particular building shall be located on the shortest
accessible route of travel from adjacent parking to an accessible entrance.
1. In parking facilities that do not serve a particular building, accessible parking shall be located on the
shortest accessible route of travel to an accessible pedestrian entrance of the parking facility.
2. In buildings with multiple accessible entrances with adjacent parking, accessible parking spaces
shall be dispersed and located closet to the accessible entrances.
7.04.04 Signage of accessible parking spaces shall be designated as reserved by a sign showing the symbol of
accessibility. Spaces complying 7.04.02(1) shall have an additional sign “Van Accessible” mounted
below the symbol of accessibility. Such signs shall be located so a vehicle parked in the space cannot
obscure them.
7.04.05 Minimum vertical clearance of nine and one-half feet (9-1/2’) at accessible passenger loading zones and
along at least one vehicle access route to such areas from site entrance(s) and exit(s). At parking spaces
complying with 7.04.02(1), provide minimum vertical clearance of eight-feet two-inches (8’-2”) at the
parking space and along at least one vehicle access route to such spaces from site entrance(s) and exit(s).
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7.04.06 Passenger Loading Zones shall provide an access aisle at least five feet (5’) wide and twenty feet (20’)
long adjacent and parallel to the vehicle pull-up space. If there are curbs between the access aisle and
the vehicle pull-up space, then a curb ramp complying with accessibility standards shall be provided.
Vehicle standing spaces and access aisles shall be level with surface slopes not exceeding two percent
(2%) in all directions.
Section 7.05 Off-Street Parking Design Criteria
7.05.01 Standard parking stall dimensions shall not be less than nine feet (9’) wide and eighteen feet (18’) long,
plus the necessary space for maneuvering into and out of the space. For standard parking lots, minimum
dimensions shall be as follows:
Parking Configuration
90-degree 60-degree 45-degree
Aisle Width (A)
One-way traffic -----18 feet 14 feet
Two-way traffic 24 feet 20 feet 20 feet
End Parking Bay Width (B)
Without overhang 18 feet 20 feet 19 feet
With overhang 16 feet 18 feet 17 feet
Center Parking Bay Width (C)18 feet 18 feet 16 feet
7.05.02 All areas used for standing and maneuvering of vehicles shall be paved with a durable and dust-less
surface maintained for all-weather use, and designed such that drainage across sidewalks is minimized.
7.05.03 Parking stalls located along the outer boundary of a parking lot shall be contained by a minimum four
inch (4”) curb, as well as set back four feet (4’) from the property line or separated with a bumper rail.
7.05.04 Where the end of the parking space abuts a curbed area at least five feet (5’) in width (with landscaping
or sidewalk), an overhang may be permitted which would reduce the length of the parking space by two
feet (2’).
7.05.05 Minimum dimensions for a parallel parking space shall be nine feet (9’) by twenty-three feet (23’).
7.05.06 Artificial lighting used in a parking lot shall be so designed as to deflect light away from adjacent
residential dwellings.
7.05.07 All parking spaces, except for those used in conjunction with a residential dwelling, shall be located
such and served with a driveway such that their use will require no backing movements or maneuvering
within a street right-of-way other than an alley.
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7.05.08 Service drives shall not be more than thirty feet (30’) in width, and shall conform to the minimum sight
triangle requirements for unobstructed vision. Service drives shall also be clearly and permanently
marked and defined through the use of rails, fences, walls, or other barriers or markers.
7.05.09 Minimum parking dimensions for other configurations or for parking lots with compact car spaces shall
be determined by the Planning Commission and Village Board upon recommendation of the Village
Engineer.
7.05.10 All of the requirements of this Section shall be complied with, and all off-street parking requirements
shall be made available for use prior to the issuance of a Certificate of Occupancy. A time extension
may be granted by the Zoning Administrator, provided a performance bond, or its equivalent, is posted
which equals the cost to complete the parking improvements as estimated by the Zoning Administrator,
and provided the parking requirements are not required for immediate use. In the event the
improvements are not completed within one (1) year of any such extension, the bond or its equivalent
shall be forfeited and the improvements shall be completed under the direction of the Village Board.
Section 7.06 Signs: Standard of Measurement
7.06.01 The total area of all signs permitted on a lot shall include:
1. The total area of the faces of all permanent exterior signs visible from a public way, plus
2. The area of permanent signs placed upon the surface of windows and doors, plus
3. The area within the outline enclosing the lettering, modeling or insignia of signs integral with a wall
and not designed as a panel.
7.06.02 Wall signs shall not exceed one and one-half (1-1/2) square feet per lineal foot of lot frontage, up to one-
three hundred (1300) square feet in total size. A building or use having frontage on a second street may
include twenty percent (20%) of the length of the lot facing the second street.
Section 7.07 Signs: Area Computation
7.07.01 Computation of Area of Individual Signs: The area of a sign face (which is also the sign area of a wall
sign or other sign with only one face) shall be computed by means of the smallest square, circle,
rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing,
representation, emblem, or other display, together with any material or color forming an integral part of
the background of the display or used to differentiate the sign from the backdrop or structure against
which it is placed, but not including any supporting framework, bracing, or decorative fence or wall
when such fence or wall otherwise meets zoning ordinance regulations and is clearly identical to the
display itself.
7.07.02 Computation of Area of Multi-faced Signs: The sign area for a sign with more than one face shall be
computed by adding together the area of all sign faces visible from any one point. When two identical
sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time,
and when such sign faces are part of the same sign structure and are not more than forty-two inches
(42”) apart, the sign area shall be computed by the measurement of one of the faces.
7.07.03 Computation of Height: The height of a sign shall be computed as the distance from the base of the
sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be
construed to be the lower of (1) existing grade prior to construction, exclusive of any filling, berming,
mounding, or excavating solely for the purpose of locating the sign, or (2) normal grade. In cases in
which the normal grade cannot reasonably be determined, sign height shall be computed on the
assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the
nearest point of the crown of a public street or the grade of the land at the principal entrance to the
principal structure on the zone lot, whichever is lower.
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Section 7.08 Sign Schedule
7.08.01 Signs shall be permitted in the various districts according to the following schedule:
Zoning District AG TA R-9 R-6 R-3 RM BGC GC HC I-1 I-2
Sign Type
Real Estate +++++++++++
Announcement +++++++++++
Wall ++--++-+++++
Name Plate +++++++++++
Billboard C C------+--+
Ground C C ---+++++
On-Site Advertising ++---+-++++
Comm. Sponsored +-+---------
Animated or Flashing -----C C +-+-
Pole C-C----+-++++
+: permitted -: not permitted C: Conditional Use
7.08.02 Signs shall be permitted in the various districts at the listed square footage and heights according to the
following schedule:
Zoning District AG TA R-9 R-6 R-3 RM BGC GC HC I-1 I-2
Sign Type
Real Estate
Max. Square Ft.
Max. Height
32
6’
32
6’
6
-
6
-
6 6
-
24
2’
32
4’
32
4’
32
4’
32
4’
Announcement
Max. Square Ft.
Max. Height
32
4’
32
4’
6
4’
6
4’
6
4’
6
4’
24
2’
32
4’
32
4’
32
4’
32
4’
Wall
Max. Square Ft.
Max. Height
300 300 -
-
-
-
-
-
300 300 300 300 300
Name Plate
Max. Square Ft.
Max. Height
2
-
2
-
2
-
2
-
2 2
-
2
-
2
-
2
-
2
-
2
-
Billboard
Max. Square Ft.
Max. Height
288
45’
------288
45’
-288
45’
Ground
Max. Square Ft.
Max. Height
200
10’
200
10’
-
-
-
-
-
-
200
10’
200
10’
200
10’
200
10’
200
10’
On-Site Advertising
Max. Square Ft.
Max. Height
200
45’
200
45’
-
-
-
-
-
-
100-
-15’
200
45’
200
45’
200
45’
200
45’
Off-Site Advertising ----------
Pole
Max. Square Ft.
Max. Height
150-
45’-
150
45’
-
-
-
-
-
-
100
15’-
150
45’
200
45’
200
45’
200
45’
-: Not Permitted
Section 7.09 Signs: Special Conditions
7.09.01 Real Estate. Not more than two (2) signs per lot may be used as a temporary sign. Signs in the TA
District shall be set back twenty feet (20’) from the road right-of-way or road easement.
7.09.02 Freestanding Signs: Freestanding signs, including but not limited to billboard, ground, and pole signs
shall constitute a structure for the purposes of this Ordinance, and shall require a zoning permit prior to
their installation.
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7.09.03 Community Events and Functions: Signs used to display information for a community event or
function shall be permitted in all zoning districts, provided they are temporary only, and are not placed
in the right-of-way.
7.09.04 Billboards. Billboards, signboards, and other similar advertising signs subject to the same height and location requirements as other structures in the district and also subject to the following conditions and
restrictions.
1. No billboard, signboard, or similar advertising signs shall be located at intersections so as to obstruct vision, hearing, or interfere with pedestrian or vehicular safety.2. No billboard, signboard, or similar advertising signs shall be located within fifty feet (50) of any lot
in a residential district.3. No billboard, signboard, or similar advertising signs shall be so constructed or located where it will unreasonably interfere with the use and enjoyment of adjoining property.
7.09.05 Signs hung from canopies and awnings shall be no closer than seven and one-half feet (7-1/2’) from the
bottom edge of the sign to grade below.
Section 7.10 Home Occupation Standards
Home Occupations shall be permitted uses in the TA, RA, R-1, R-2, and RM Districts, subject to the following
standards:
7.10.01 Intent. A home occupation shall be permitted when said occupation conducted on residentially used
premises is considered customary and traditional, incidental to the primary use of the premises as a
residence, and not construed as a business.
7.10.02 Purpose. Home occupations shall be of a personal service nature limited to domestic crafts and
professional services, including, but not limited to:
1. Such domestic crafts as dressmaking, millinery, sewing, weaving, tailoring, ironing, washing,
custom home furnishings work, carpentry work, and furniture repair.
2. Such professions as law, medicine, architecture, engineering, planning, real estate, insurance, notary
public, manufacturer’s agent, clergy, writing, painting, photography, and tutoring, provided,
however, the service is limited to advice and consultation and the premises are not used for the
general practice of the profession.
3. Child Nurseries or Child Care Homes in accordance with Neb. Rev. Stat. §71-1902 (R.R.S.1997).
4. Barber and Beauty Shops, limited to one (1) chair.
5. Therapeutic Massage Parlors, not including adult entertainment establishments, limited to serving
one (1) client at any given time.
6. Distribution and sales of products such as cosmetics, home/health care products, mail order, and
other similar uses.
7. Services provided outside the home such as lawn care, snow removal, and other similar uses.
7.10.03 Home occupations shall be subject to all the regulations of the applicable zoning district. Home
occupations shall not affect adversely the residential character of the zoning district or interfere with the
reasonable enjoyment of adjoining properties. Prohibited uses are those uses that are deemed to be in
violation of these standards or this Ordinance.
7.10.04 Performance Standards.
1. The primary use of the structure or dwelling unit shall remain residential and the operator of the
home occupation shall remain a resident in the dwelling unit.
2. The operator conducting the home occupation shall be the sole entrepreneur, and he may employ up
to two (2) other persons other than members of the immediate family residing on the premises. Off
street parking must be provided for non-resident employees.
3. No structural additions, enlargements, or exterior alterations changing the residential appearance to
a business appearance shall be permitted.
4. No more than twenty-five percent (25%) of the floor area of any one story of the dwelling unit shall
be devoted to such home occupation, or if an accessory building is used, the total lot coverage of
such accessory structure shall not exceed fifteen percent (15%).
5. Such home occupations shall be conducted entirely within the primary building or dwelling unit
used as a residence, or an accessory structure.
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6. No additional and separate entrance incongruent with the residential structural design shall be
constructed for the purpose of conducting the home occupation.
7. No provision for extra off-street parking or loading facilities, other than the requirements and
permitted facilities, and no additional driveway to serve such home occupations shall be permitted.
8. No display of goods or external evidence of the home occupation shall be permitted, except for one
non-animated, non-illuminated, non-flashing announcement plate, indicating not more than the
name and address of the resident. Said plate shall be attached flat against the wall of the residence
and shall not exceed two (2) square feet in total surface area.
9. No electrical or mechanical equipment shall interfere with local radio communications and
television reception, or cause fluctuation in line voltage off the premises.
10. The operation of a home occupation shall not be objectionable due to odor, dust, smoke, noise,
vibration or other similar causes.
7.10.05 Revocation:
A home occupation permit granted in accordance with the provisions of this section may be terminated
if the Zoning Administrator makes any of the following findings:
1. That any condition of the home occupation permit has been violated;
2. That the use has become detrimental to the public health or safety or is deemed to constitute a
nuisance;
3. That the permit was obtained by misrepresentation or fraud;
4. That the use for which the permit was granted has ceased or has been suspended for six (6)
consecutive months or more; and
5. That the condition of the premises, or the district of which it is a part, has changed so that the use
may no longer be justified under the purpose and intent of this section.
6.Appeal. Within five (5) working days of a revocation, an appeal may be made to the Village Board,
through the Zoning Administrator. The Zoning Administrator within ten (10) working days of the
receipt of an appeal of his or her revocation action, shall report his or her findings of fact and
decision to the Village Board. The Village Board shall determine the facts and may revoke, modify
or allow to remain unchanged the home occupation permit in accordance with the Board’s final
determination.
Section 7.11 Wireless Communication Towers
7.11.01 Intent: 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 Village in conformance with the Act without prohibiting or tending to
prohibit any person from providing wireless telecommunication services, telecommunication facilities,
towers and antennas in the Village, 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.
7.11.02 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:
1.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.
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2.ANTENNA SUPPORT STRUCTURE shall mean any building or structure other than a tower
which can be used for location of telecommunications facilities.
3.APPLICANT shall mean any person that applies for a Tower Development Permit.
4.APPLICATION shall mean a process by which the owner of a tract of land within the zoning
jurisdiction of the Village 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 Village concerning such
request.
5.CONFORMING COMMERCIAL EARTH STATION shall mean a satellite dish which is two
meters or less in diameter and is located in an area where commercial or industrial uses are
generally permitted under this regulation.
6.ENGINEER shall mean any engineer qualified and licensed by any state or territory of the United
States of America.
7.OWNER shall mean any person with a fee simple title or a leasehold exceeding ten (10) years in
duration to any tract of land within the zoning jurisdiction of the Village who desires to develop,
construct, modify, or operate a tower upon such tract of land.
8.PERSON shall mean any person, firm, partnership, association, corporation, company, or other
legal entity, private or public, whether for profit or not for profit.
9.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.
10.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.
11.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:
a). Any Conforming Commercial Earth Station antenna that measures six feet (6’) or less in
diameter.
b). Any earth station antenna or satellite dish antenna of three feet (3’) or less in diameter,
regardless of zoning applicable to the location of the antenna.
12.TOWER shall mean a self-supporting lattice, guyed, or monopole structure which 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.
13.TOWER DEVELOPMENT PERMIT shall mean a permit issued by the Village upon approval by
the Village Board of an application to develop a tower within the zoning jurisdiction of the Village.
Such 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.
14.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.
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7.11.02 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 Village prior to approval of its application for a Tower Development
Permit by the Village Board and issuance of the permit by the Village. Applicants shall submit
their application for a Tower Development Permit to the Zoning Office and shall pay a filing fee in
accordance with Section 4.21.
3. All towers, telecommunications facilities and antennas on which construction has commenced
within the zoning jurisdiction of the Village after the effective date of this regulation shall conform
to the Building Codes and all other construction standards set forth by the Village, 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 engineer’s certification that the
tower is structurally sound and in conformance with all of the aforementioned applicable regulatory
standards shall be filed in the Zoning Office.
7.11.04 Application to Develop a Tower: Prior to commencement of development or construction of a tower,
an application shall be submitted to the Village Clerk 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. All applicants shall execute the
application.
2. The legal description and address of the tract of land on which the tower is to be located.
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 Village 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.
7.11.05 Tower Development Permit Procedure: After receipt of an application for a Tower Development
Permit, the Village Clerk 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 Village Board. Upon the completion of the Planning Commission Public
Hearing the Village Clerk shall schedule a public hearing before the Village Board, following all
Statutory requirements for publication and notice, to consider such application and the recommendation
of the Planning Commission. Notice, for each Public Hearing, shall be made at least one (1) time and at
least ten (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. The Planning Commission
and Village 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
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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.
7.11.06 Setbacks and Separation or Buffer Requirements:
1. All towers up to fifty feet (50’) 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 fifty feet
(50’) in height shall be set back an additional one foot (1’) for each one foot (1’) of tower height in
excess of fifty feet (50’). 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 one hundred feet (100’) in height may not be located in any residentially zoned
district. Further, such towers shall also be separated from all residentially zoned districts, and any
other occupied structures other than those utilized by the tower owner, by a minimum of two
hundred feet (200’) or one hundred percent (100%) of the height of the proposed tower, whichever
is greater.
3. Towers of one hundred feet (100’) 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 one hundred percent
(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 seven hundred fifty feet (750’).
b). Self-supporting lattice or guyed towers shall be separated from all other self-supporting lattice
or guyed towers by a minimum of one thousand five hundred feet (1,500’).
7.11.07 Structural Standards for Towers: 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.
7.11.08 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 of three-
hundred percent (300%) of the height of the tower, any tower subject to this Section shall be
equipped with dual mode lighting.
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.
7.11.09 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 Village Board as part of the application approval process. All towers which must be
approved as a conditional use shall be design with stealth features unless stealth features are impractical
or the cost of such features represents an undue burden on the applicant.
7.11.10 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 Village.
7.11.11 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
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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 Village Board, an exemption from compliance as a condition of the Tower Development Permit.
7.11.12 Inspections: As a condition to the approval of a Tower Development Permit, the applicant shall grant to
the Village 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
Village’s Building Codes and any other construction standards set forth by the Village, federal, and state
law or applicable ANSI standards. Applicant shall also grant permission to any employee of the
Village’s Zoning Office, Zoning Administrator, or other duly appointed independent representative of
the Village, to enter onto the property of applicant for the purpose of conducting such inspection.
7.11.13 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.
7.11.14 Abandonment:
1. The tower owner shall be required to notify the Village Clerk of any periods of nonuse or
abandonment of the tower facility.
2. If any tower shall cease to be used for a period of one (1) year, the Zoning Office 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 Village Clerk, the tower
owner shall have thirty (30) days to show by a 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 Village Clerk
shall issue a final determination of abandonment of the site and the tower owner shall have seventy-
five (75) days thereafter to dismantle and remove the tower. In the event the tower is not
dismantled and removed, the tower shall be declared a public nuisance by the Village Clerk, or
his/her designee and a written request shall be directed to the Village Attorney to proceed to abate
said public nuisance pursuant to authority of the Nebraska State Statutes and Village of Cairo
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.
7.11.15 Satellite Dish Antennas, Regulation: Upon adoption of this regulation, installation of satellite dish
antennas shall be permitted within the zoning jurisdiction of Cairo only upon compliance with the
following criteria:
1. In residentially zoned districts, satellite dish antennas may not exceed a diameter of ten feet (10’).
2. Single family residences may not have more than one (1) satellite dish antenna over three feet (3’)
in diameter.
3. Multiple family residences with ten (10) or less dwelling units may have no more than one (1)
satellite dish antenna over three feet (3’) in diameter. Multiple family residences with more than
ten (10) dwelling units may have no more than two (2) satellite dish antennas over three feet (3’) in
diameter.
4. In residential zoning districts, satellite dish antennas shall not be installed in the required front yard
setback or side yard setback area.
5. All satellite dish antennas installed within the zoning jurisdiction of Cairo, upon adoption of this
regulation, shall be of a neutral color such as black, gray, brown, or such color as will blend with
the surrounding dominant color in order to camouflage the antenna.
7.11.16 Severability: If any clause, subsection, or any other part of this Section shall be held invalid or
unconstitutional by any court of competent jurisdiction, the remainder of this Section shall not be
affected thereby, but shall remain in full force and effect.
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Section 7.12 Fences
7.12.01 No fence, except for barbed wire fences pursuant to Section 7.12.04, shall be constructed within the
zoning jurisdiction of the Village of Cairo unless a permit therefore is approved and issued by the
Zoning Administrator and is constructed in conformance with the following requirements. A permit
shall not be required for fencing installed within the Transitional Agriculture District.
1. The height limitation for fences shall be six feet (6’) above ground level except as provided herein.
2. Where it is demonstrated that for security purposes the perimeter fencing around a plant or building
located in an area zoned as an Industrial District must be higher than six feet (6’) in height, such
fence may be approved by a Conditional Use Permit.
3. Fences constructed along and parallel to lot lines separating a residential lot from property located
in a Commercial or Industrial District shall not exceed eight feet (8’) in height.
4. Fences constructed along and parallel to rear and side lot lines adjoining arterial streets, as
designated by the Nebraska Department of Roads, shall not exceed six feet (6’) in height.
7.12.02 Fences located within a front yard of a residential lot must qualify within the definition of an open
fence, except that solid fences may be constructed along a side lot line parallel and adjacent to the lot
line that is adjacent to a Commercial District or an Industrial District.
7.12.03 No fence or vegetation shall be situated or constructed in such a way as to obstruct the vehicular traffic
or otherwise create a traffic safety hazard.
7.12.04 The use of barbed wire in the construction of any fence is prohibited except:
1. Perimeter security fencing of buildings constructed in an Industrial District. The plans and
specifications for any such fencing must be approved by the Zoning Administrator before
commencement of construction.
2. Farm fencing constructed for agricultural purposes.
7.12.05 All fences shall be maintained in good repair.
7.12.06 All fences shall be located inside the boundaries of the property upon which constructed except where
two (2) adjacent property owners pursuant to written agreement filed with the Village agree to build one
(1) fence on the common lot line of adjacent side yards or back yards.
7.12.07 Electric Fences. No electric fence, except underground animal control fences, shall be constructed or
maintained within the Village of Cairo or within its extraterritorial zoning jurisdiction as hereinafter
provided. An owner or lessee of such property may maintain electrified fencing provided same shall not
be energized to the extent that it is capable of causing bodily harm to persons, be they children or adults,
or to animals.
7.12.08 Facing. The finished surface of all fences shall face toward adjoining property or street frontage.
However, in the case of two (2) or more property owners wishing to share a common fence line between
their properties, said property owners shall jointly determine upon which side of the common fence line
the finished face of the fence shall be placed. Such determination shall be consistent for the entire
length of the common fence line.
7.12.09 Fences in existence as of the effective date of this Ordinance. Any existing fence which was in
conformity with the prior provisions of this section and which was in place as of said date, may remain
without change in accordance with this section notwithstanding the same may be in conflict with one (1)
or more provisions of this section as amended; provided, however, any replacement or change of said
existing fence or addition of a new fence, must hereby meet the requirements of this section as amended
hereby.
Section 7.13 Performance Standards for Industrial Uses
7.13.01 Physical Appearance: All operations shall be carried on within an enclosed building except that new
materials or equipment in operable condition may be stored in the open. Normal daily wastes of an
inorganic nature may be stored in containers not in a building when such containers are not readily
visible from a street. The provisions of this paragraph shall not be construed to prohibit the display of
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merchandise or vehicles for sale or the storage of vehicles, boats, farm machinery, trailers, mobile
homes, or similar equipment when in operable condition.
7.13.02 Fire hazard: No operation shall involve the use of highly flammable gasses, acid, liquids, grinding
processes, or other inherent fire hazards. This provision shall not be construed to prohibit the use of
normal heating fuels, motor fuels and welding gasses when handled in accordance with other regulations
of the Village of Cairo.
7.13.03 Noise: No operation shall be carried on which involves noise in excess of the normal traffic noise of the
adjacent street at the time of the daily peak hour of traffic volume, or in excess of 80 dB levels,
whichever is greater. Noise shall be measured at the property line and when the level of such noise
cannot be determined by observation with the natural senses, a suitable instrument may be used and
measurement may include breakdowns into a reasonable number of frequency ranges.
7.13.04 Sewage and Liquid Wastes: No operation shall be carried on which involves the discharge into a sewer,
water course, or the ground, liquid waste of any radioactive or poisonous nature or chemical waste
which are detrimental to normal sewage plant operation or corrosive and damaging to sewer pipes and
installations.
7.13.05 Air Contaminants:
1. Air Contaminants and smoke shall be less dark than designated Number One on the Ringleman
Chart as published by the United States Bureau of Mines, except that smoke of a density designated
as Number One shall be permitted for one four minute period in each one-half hour. Light colored
contaminants of such an capacity as to obscure an observer's view to a degree equal to or greater
than the aforesaid shall not be permitted
2. Particulate matter of dust as measured at the point of emission by any generally accepted method
shall not be emitted in excess of two tenths (0.2) grains per cubic foot as corrected to a temperature
of 500 degrees Fahrenheit, except for a period of four minutes in any one-half hour, at which time it
may equal but not exceed six tenths (0.6) grains per cubic foot as corrected to a temperature of 500
degrees Fahrenheit.
3. Due to the fact that the possibilities of air contamination cannot reasonably be comprehensively
covered in this section, there shall be applied the general rule that there shall not be discharged from
any sources whatsoever such quantities of air contaminants or other material in such quantity as to
cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the
public in general; or to endanger the comfort, repose, health, or safety of any such considerable
number of persons or to the public in general, or to cause, or have a natural tendency to cause injury
or damage to business, vegetation, or property.
4.Odor: The emission of odors that are generally agreed to be obnoxious to any considerable numbers
of persons, shall be prohibited. Observations of odor shall be made at the property line of the
establishment causing the odor. As a guide to classification of odor it shall be deemed that strong
odors of putrefaction and fermentation tend to be obnoxious and that such odors as associated with
baking or the roasting of nuts and coffee shall not normally be considered obnoxious within the
meaning of this Regulation.
5.Gasses: The gasses sulphur dioxide and hydrogen sulphide shall not exceed five parts per million (5
ppm), carbon monoxide shall not exceed five parts per million (5 ppm). All measurements shall be
taken at the zoning lot line.
6.Vibration: All machines including punch presses and stamping machines shall be so mounted as to
minimize vibration and in no case shall such vibration exceed a displacement of three thousandths
of an inch (0.003”), measured at the property line. The use of steam or broad hammers shall not be
permitted in this zone.
7.Glare and heat: All glare, such as welding arcs and open furnaces shall be shielded so that they
shall not be visible from the zoning lot line. No heat from furnaces or processing equipment shall
be sensed at the zoning lot line to the extent of raising the temperature of air or materials more than
five (5) degrees Fahrenheit.
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Section 7.14 Landscaping Requirements
7.14.01 Intent: The intent of the landscaping requirements are to improve the appearance of lot areas; to provide
a buffer between differing land uses; to minimize the adverse effect of uses from one another; to
minimize the effect of heat, noise and glare; to conserve the value of property and neighborhoods within
the community; and to enhance the physical environment within the Village of Cairo by ensuring that
yards, open spaces, parking lots and those areas abutting public rights-of-way are designed, installed and
maintained in accordance with then provisions of this section. Property development shall consider and
respect land capabilities and constraints, minimize erosion and destruction of natural amenities and
provide a buffer between differing land uses.
7.14.02 Screening Requirements:
1. All parking areas or vehicular use areas abutting a residential district or public right-of way shall be
screened from grade level to a height not less than three feet (3’).
2. All commercial and industrial uses that abut residential districts shall provide screening not less
than six feet (6’) in height along the abutting property line(s).
3. Screening required by this section shall be equivalent to the following:
a). Solid fences or walls as approved by the Planning Commission on the final development plan.
b). Hedges, shrubs, or evergreen trees of three feet (3’) in height at planting spaced appropriately
to provide a solid screen within three (3) years after planting.
c). Berms of not less than three feet (3’) in height and that provide a maximum slope of three to
one (3:1) for easy maintenance. Such berms may be used in conjunction with plantings to
achieve the solid visual screen as described in 7.14.02(2).
d). All commercial dumpsters or trash bins, except those located in an alley, shall maintain a solid
six feet (6’) tall enclosure around each unit. Said enclosure shall be constructed of materials
that compliment or conform to those used on the primary structure.
e). All projects shall include a detailed drawing indicating the method of enclosure and screening
to be used.
7.14.03 Installation and Maintenance of Landscaping and Screening:
1.Installation: All landscaping shall be installed in a sound workmanship like manner and according
to accepted good planting procedures. Landscaped areas shall require protection from vehicular
encroachment.
2.Maintenance: The owner, developer, tenant and/or their agent, if any, shall be jointly and severally
responsible for the maintenance of all landscaping. All required landscaping shall be maintained in
proper condition. When replacement is necessary, all new plants and other non-living landscape
materials shall conform to the requirements of this section. Lawn grass shall be maintained on all
areas not covered by other landscaping, parking, drives, buildings, or similar structures. Existing
yards shall be maintained with grass or other approved ground cover.
7.14.04 Preliminary Plan Approval: A landscape plan indicating both proposed and existing landscaping and
screening shall be submitted, with the preliminary plat or preliminary site plan for development, for
review and recommendation by the Planning Commission and approval by the Village Board. Said Plan
shall be in sufficient detail to provide the Commission and Village Board with a reasonable
understanding of what is being proposed. Site calculations used in computing quantities to satisfy the
required amounts of landscaping shall also be submitted.
7.14.05 Final Plan Approval: A detail listing of all plant materials to be used, quantities, size, and spacing shall
be submitted to the Planning Commission on separate sheets for review and recommendation and
approval by the Village Board along with a planting schedule at final development plan submission.
7.14.06 Parking Lot Plan Approval: A final site development plan shall be submitted to the Planning
Commission with the requisite landscaping and screening required herein for each of the following types
of parking lot improvements:
1. New construction.
2. Expansion of existing facilities.
3. Maintenance of existing facilities where an overlay is proposed at which time the landscaping and
screening shall be required. The Planning Commission may grant modifications to the required
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parking lot landscaping and screening after review of submitted plans and in consideration of
surrounding uses.
4. No parking lot shall be exempted from these regulations unless previously exempted.
Section 7.15. Wind Energy Conversion Systems
7.15.01. Definitions
The following are defined for the specific use of this section.
(A)Aggregate Project shall mean projects that are developed and operated in a coordinated fashion,
but which have multiple entities separately owning one or more of the individual WECS within the larger project.
Associated infrastructure such as power lines and transformers that service the facility may be owned by a separate
entity but are also part of the aggregated project.
(B)Commercial WECS shall mean a wind energy conversion system of equal to or greater than 100
kW in total name plate generating capacity.
(C)Connector Line shall mean any power conductor that carries electrical power from one or more
wind turbines to the point of interconnection with the distribution system.
(D)Hub Height shall mean the distance from ground level as measured to the centerline of the rotor.
(E)Meteorological Tower shall mean, for purposes of this regulation, a tower which is erected
primarily to measure wind speed and directions plus other data relevant to siting a Wind Energy Conversion
System. Meteorological towers do not include towers and equipment used by airports, the Nebraska Department of
Roads, or other applications to monitor weather conditions.
(F)Micro Wind Energy Conversion System (MWECS) shall mean a wind energy conversion
system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated
capacity of not more than 5 kW and which is intended to primarily reduce on-site consumption of utility power.
Rotor Diameter shall not exceed 7 feet.
(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.
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(R)Wind Turbines shall mean any piece of electrical generating equipment that converts the kinetic
energy of blowing wind into electrical energy using airfoils or similar devices to capture the wind.
(S)Vertical Axis Wind Turbine: A wind energy conversion system design where the rotating shaft
is perpendicular to the ground and the cups or blades rotate parallel to the ground.
7.15.02 Micro Wind Energy Conversion Systems
Purpose
It is the purpose of this wind energy regulation to; promote the safe, effective and efficient use of wind energy and
to encourage the development of residential scale generation systems as they become affordable as determined by
the residents of Grand Island and Hall County.
Requirements
Residential wind energy conversion systems shall be permitted as an Accessory Use within any zoning district.
Certain requirements as set forth below shall be met:
(A) Tower Height
(1) Shall be limited by the size of the property. Tower height shall not exceed the fall zone
for the property.
(B) Minimum Lot Size
(1) Towers shall be permitted on all lots or parcels with a permitted principal use.
(C) Fall Zone
(1) Fall Zone is the total height and any underlying setbacks for ground mounted MWCES.
(2) Fall Zone is the 125% of the tower height and any underlying setbacks for roof mounted
MWCES.
(D) Setbacks
(1) No part of the wind system structure, including guy-wire anchors, may extend closer
than 10 feet to the property lines of the installation site; tower must meet required underlying setbacks.
(E) Noise
(1) MWCES shall not exceed 60 dBA, as measured at the closet neighboring inhabited
dwelling unit.
(2) The noise level may be exceeded during short term events such as utility outages and/or
severe wind storms, wind speeds of greater than 50 miles per hour.
(F) Approved Wind Turbines
(1) MWCES must have been approved under the Emerging Technologies program of the
California Energy Commission or any other small certification program recognized by the American Wind Energy
Association.
(G) Compliance with Building and Zoning Codes
(1) Applications for MWCES shall be accomplished by standard drawings of the wind
turbine structure, including the tower base, and footings.
(2) An engineering analysis of the tower showing compliance with official building code of
the governing body and/or the State of Nebraska and certified by a licensed professional engineer shall also be
submitted.
(H) Compliance with FAA Regulations
(1) MWCES must comply with applicable FAA regulations, including any necessary
approvals for installations within the airport approach zone.
(2) No MWCES shall be installed within the regulated airport approach zone until evidence
has been given that the Central Nebraska Regional Airport has been informed of the applicant’s intent to install a
MWECS. A copy of a certified letter (with mailing receipt) to the Central Nebraska Regional Airport informing
them of the owners’ intent to install the MWCES must be submitted with the building permit application.
(I) Compliance with National Electrical Code
(1) Permit applications for small wind energy systems shall be accompanied by a line
drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation
conforms to the National Electrical Code and the National Electric Safety Code.
(J) Utility Notification
(1) No small wind energy system shall be installed until evidence has been given that the
utility company has been informed of the customer’s intent to install an interconnected customer-owned generator.
(2) Off- grid systems shall be exempt from this requirement.
Setbacks
Minimum setbacks from all property lines shall be equal to the Fall Zone as defining in C above.
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7.15.04 Small Wind Energy Conversion Systems
Purpose
It is the purpose of this regulation to promote the safe, effective and efficient use of small wind energy systems
installed to reduce the on-site consumption of utility supplied electricity.
Requirements
Small wind energy conversion systems shall be permitted as an Accessory Use within any district. Certain
requirements as set forth below shall be met:
(A) Tower Height
(1) Shall be limited by the size of the property. Tower height shall not exceed the fall zone
for the property.
(B) Minimum Lot Size
(1) Towers shall be permitted on all lots or parcels with a permitted principal use.
(C) Fall Zone
(1) Fall Zone is the total height and any underlying setbacks for ground mounted SWCES.
(2) Fall Zone is the 150% of the tower height and any underlying setbacks for roof mounted
SWCES.
(D) Setbacks
(1) No part of the wind system structure, including guy-wire anchors, may extend closer
than 10 feet to the property lines of the installation site; tower must meet required underlying setbacks.
(E) Noise
(1) SWCES shall not exceed 60 dBA, as measured at the closet neighboring inhabited
dwelling unit.
(2) The noise level may be exceeded during short term events such as utility outages and/or
severe wind storms, wind speeds of greater than 50 miles per hour.
(F) Approved Wind Turbines
(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.
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7.15.04 Commercial/Utility Grade Wind Energy Conversion Systems
Purpose
It is the purpose of this regulation to promote the safe, effective and efficient use of commercial/utility grade wind
energy conversion systems within the City of Grand Island and its Extraterritorial Zoning Jurisdiction.
Requirements:
Commercial/Utility Grade wind energy systems shall be a Conditional Use within the AG Agricultural District, and
the TA Transitional District. The following requirements and information shall be met and supplied:
(A) The name(s) of project applicant.
(B) The name of the project owner.
(C) The legal description and address of the project.
(D) A description of the project including: Number, type, name plate generating capacity, tower
height, rotor diameter, and total height of all wind turbines and means of interconnecting with the electrical grid.
(E) Site layout, including the location of property lines, wind turbines, feeder lines, and all related
accessory structures. This site layout shall include distances and be drawn to scale.
(F) Certification by an Engineer competent in disciplines of WEC’s.
(G) Documentation of land ownership or legal control of the property.
(H) The latitude and longitude of individual wind turbines; included with this shall be an area or zone
in close proximity that meets all setbacks; where actual WEC will be considered.
(I) A USGS topographical map, or map with similar data, of the property and surrounding area,
including any other Wind Energy Conversion System, within 10 rotor distances of the proposed Wind Energy
Conversion System not owned by the applicant.
(J) Location of migratory waterfowl flyways, wetlands, scenic, and natural areas within 1,320 feet of
the proposed Wind Energy Conversion System.
(K) An Acoustical Analysis that certifies that the noise requirements within this regulation can be met
(L) The applicant shall supply the emergency management agency and/or fire departments with a
basic emergency response plan.
(M) FAA and FCC permit, if necessary.
(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.
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Setbacks
All towers shall adhere to the setbacks established in the following table:
Wind Turbine-
Commercial/Utility WECS
Meteorological Towers
Property Lines 150 feet from property lines; however, the
setback may be less when two adjoining
property owners are within the
aggregate project.
One times the tower height.
Neighboring Dwelling Units 1,000 feet One times the tower height.
Road Rights-of-Way*One-half the rotor diameter.One times the tower height.
Other Rights-of-Way NA NA
Wildlife Management Areas
and State Recreational Areas
600 feet 600 feet
Wetlands, USFW Types III,
IV, and V
600 feet 600 feet
Other structures and
cemeteries adjacent to the
applicant's sites
One-half the rotor diameter.One times the tower height.
Other existing WECS not
owned by the applicant.
NA NA
* The setback shall be measured from any future Rights-of-Way if a planned change or expanded Right-of-Way is known.
Special Safety and Design Standards
All towers shall adhere to the following safety and design standards:
(A) Clearance of rotor blades or airfoils must maintain a minimum of 12 feet of clearance between
their lowest point and the ground.
(B) All Commercial/Utility WECS shall have a sign or signs posted on the tower, transformer and
substation, warning of high voltage. Other signs shall be posted on the tower base or perimeter fencing with
emergency contact information.
(C) All wind turbines, which are a part of a commercial/utility WECS, shall be installed with a
tubular, monopole type tower.
(D) Consideration shall be given to painted aviation warnings on all towers less than 200 feet.
(E) Color and finish:
All wind turbines and towers that are part of a commercial/utility WECS shall be white, grey, or
another non-obtrusive color. Blades may be black in order to facilitate deicing. Finishes shall be matte or non-
reflective.
(F) Lighting:
Lighting, including lighting intensity and frequency of strobe, shall adhere to but not exceed
requirements established by the FAA permits and regulations. Red strobe lights shall be used during nighttime
illumination to reduce impacts on neighboring uses and migratory birds. Red pulsating incandescent lights should
be avoided.
(G) Other signage:
All other signage shall comply with the sign regulations found in the City Code.
(H) Feeder Lines:
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.
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Each Commercial/Utility WECS shall have a Decommissioning plan outlining the anticipated
means and cost of removing WECS at the end of their serviceable life or upon use being discontinued. The cost
estimates shall be made by a competent party; such as a Professional Engineer, a contractor capable of
decommissioning or a person with suitable expertise or experience with decommissioning. The plan shall also
identify the financial resources that will be available to pay for decommissioning and removal of the WECS and
accessory facilities. The initial plan shall be submitted with the application. An updated plan shall be filed with the
City every 5 years.
(K) Noise:
No Commercial/Utility WECS shall exceed 50 dBA at the nearest structure or use occupied by
humans.
(L) Interference:
The applicant shall not cause interference with power quality of area utility feeder circuits and
shall not introduce noise to the connected electric distribution system. WECS shall not cause interference with any
commercial or public safety electromagnetic communications, such as radio, telephone, microwaves, or television
signals. The applicant shall notify all electric utilities and communication tower operators within five miles of the
proposed WECS location upon application for permits.
(M) Environmental Permits:
The developer shall present evidence the project meets the environmental permitting
requirements of all applicable state and federal agencies if such permits are required.
(N) Drainage System:
The applicant shall be responsible for immediate repair of damage to public drainage systems
stemming from construction, operation or maintenance of the WECS.
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ARTICLE 8: FLOOD PLAIN REGULATIONS
Section 8.01 Statutory Authorization, Findings of Fact and Purposes
8.01.01 Statutory Authorization
The Legislature of the State of Nebraska has delegated the responsibility to local governmental units to
adopt zoning regulations designed to protect the public health, safety, general welfare, and property of the
people of the state. The Legislature, in Nebraska Revised Statutes Sections 31-1001 to 31-1023 (as
amended), has further assigned the responsibility to adopt, administer, and enforce floodplain management
regulations to the county, city, or village with zoning jurisdiction over the floodprone area. Therefore the
Village Board of Cairo, Nebraska ordains as follows:
8.01.02 Findings of Fact
A. Flood Losses Resulting from Periodic Inundation
The flood hazard areas of Cairo, Nebraska are subject to inundation that results in loss of life and
property, health and safety hazards, disruption of commerce and governmental services, extraordinary
public expenditures for flood protection and relief, and impairment of the tax base, all of which
adversely affect the public health, safety, and general welfare.
B. General Causes of the Flood Losses
These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases
in flood heights and velocities as well as the occupancy of flood hazard areas by uses vulnerable to
floods or hazardous to others that are inadequately elevated or otherwise unprotected from flood
damages.
8.01.03 Statement of Purpose
It is the purpose of this ordinance to promote the public health, safety, and general
welfare and to minimize those losses described in Section 1.2 by applying the provisions
of this ordinance to:
1. Restrict or prohibit uses that are dangerous to health, safety, or property in times of
flooding or cause undue increases in flood heights or velocities.
2. Require that uses vulnerable to floods, including public facilities that service such
uses, be provided with flood protection at the time of initial construction.
3. Reduce financial burdens from flood damage borne by the community, its
governmental units, is residents, and its businesses by preventing excessive and
unsafe development in areas subject to flooding.
4. Assure that eligibility is maintained for property owners in the community to
purchase flood insurance from the National Flood Insurance Program.
8.01.04 Adherence to Regulations
The regulations of this ordinance are in compliance with the National Flood Insurance Program
Regulations as published in Title 44 of the Code of Federal Regulations and the Nebraska Minimum
Standards for Floodplain Management Programs as published in the Nebraska Administrative Code Title
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455, Chapter 1.
Section 8.02 General Provisions
8.02.01. Lands to which ordinance applies
This ordinance shall apply to all lands within the jurisdictions of Cairo identified on the Flood Insurance
Rate Map (FIRM) panels 310079 IND0A, 0267D, 0269D, 0286D, 0288D, 0289D dated September 26,
2008 as Zone A and within the Zoning District established in Section 3.0 of this ordinance. In all areas
covered by this ordinance, no development shall be allowed except upon the issuance of a floodplain
development permit to develop, granted by the floodplain administrator or the governing body under such
safeguards and restrictions as the Village or the designated representative may reasonably impose for the
promotion and maintenance of the general welfare, health of the inhabitants of the community and where
specifically noted in noted in Sections 8.05, 8.06, and 8.07.
8.02.02. Rules for interpretation of district boundaries
The boundaries of the floodway and flood fringe overlay districts shall be determined by scaling distances
on the official zoning map or on the Flood Insurance Rate Map or Floodway Map. Where interpretation is
needed to the exact location of the boundaries of the districts as shown on the official zoning map, as for
example where there appears to be a conflict between a mapped boundary and actual field conditions, the
Enforcement Officer shall make the necessary interpretation. In such cases where the interpretation is
contested, the Zoning Board of Adjustment will resolve the dispute. The regulatory flood elevation for the
point in question shall be the governing factor in locating the district boundary on the land. The person
contesting the location of the district boundary shall be given a reasonable opportunity to present his case
to the Zoning Board of Adjustment and to submit his own technical evidence, if he so desires.
8.02.03. Compliance
Within identified special flood hazard areas of this community, no development shall be located, extended,
converted or structurally altered without full compliance with the terms of this ordinance and other applicable
regulations.
8.02.04. Abrogation and Greater Restrictions
It is not intended by this ordinance to repeal, abrogate or impair any existent easements, covenants, or
deed restrictions. However, where this ordinance imposes greater restrictions, the provision of this
ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the
extent of the inconsistency only.
8.02.05. Interpretation
In their interpretation and application, the provisions of this ordinance shall be held to be minimum
requirements and shall be liberally construed in favor of the governing body and shall not be deemed a
limitation or repeal of any other powers granted by state statutes.
8.02.06. Warning and Disclaimer of Liability
The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and
is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the
flood height may be increased by man-made or natural causes, such as ice jams and bridge openings restricted
by debris. This ordinance does not imply that areas outside floodway and flood fringe district boundaries or
land uses permitted within such districts will be free from flooding or flood damage. This ordinance shall not
create liability on the part of Cairo or any officer or employee thereof for any flood damages that may result
from reliance on this ordinance or any administrative decision lawfully made thereunder.
8.02.07. Severability
If any section, clause, provision or portion of this ordinance is adjudged unconstitutional or invalid by a court
of competent jurisdiction, the remainder of this ordinance shall not be affected thereby.
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8.02.08. Appeal
Where a request for a permit to develop or a variance is denied by the Hall County Building Inspector or the
Hall County/Grand Island Planning Director the applicant may apply for such permit or variance directly to
the Hall County Board of Adjustment.
Section 8.03 Establishment of Zoning Districts
.
8.03.01. The mapped floodplain areas within the jurisdiction of this ordinance are hereby established as the
floodplain overlay district, as identified in the Flood Insurance Study dated September 26, 2008 and on
accompanying FIRM panels as established in Section 2.1. The floodplain overlay district shall correspond
to flood zone A. Within this district, all uses not meeting the standards of this ordinance and those
standards of the underlying zoning district shall be prohibited
Section 8.04 Flood Plain Management Administration Establishment of Zoning Districts
Along watercourses where a floodway has been established, the mapped floodplain areas are hereby divided into the
two following districts: A floodway overlay district (FW) and a flood fringe overlay district (FF) as identified in the
Flood Insurance Study [and accompanying map(s)]. Within these districts all uses not meeting the standards of this
ordinance and those standards of the underlying zoning district shall be prohibited.
8.04.01 DESIGNATION OF FLOODPLAIN ADMINISTRATOR
The Hall County Regional Planning Director or their designee is hereby designated as the community’s
local floodplain administrator. The floodplain administrator is authorized and directed to administer,
implement, and enforce all provisions of this ordinance. If the local floodplain administrator position is
unfilled, the community CEO shall assume the duties and responsibilities herein.
8.04.02 PERMITS REQUIRED
A floodplain development permit shall be required before any development, construction, or substantial
improvement is undertaken. No person, firm, corporation, government agency, or other entity shall initiate
any floodplain development without first obtaining a floodplain development permit.
8.04.03 DUTIES OF THE FLOODPLAIN ADMINISTRATOR
A. Duties of the floodplain administrator shall include, but not be limited to the following:
i. Review, approve, or deny all applications for floodplain development permits.
ii. Review all development permit applications to assure that sites are reasonably safe from flooding
and that the permit requirements of this ordinance have been satisfied.
iii. Review applications for proposed development to assure that all necessary permits have been
obtained from those federal, state, or local government agencies from which prior approval is
required.
iv. Review all subdivision proposals and other proposed new development, including manufactured
home parks or subdivisions, to determine whether such proposals will be reasonably safe from
flooding.
v. Coordinate with the Nebraska Department of Natural Resources to obtain base flood elevation
information when applicable and required.
vi. Notify adjacent communities and the Nebraska Department of Natural Resources prior to any
alteration or relocation of a watercourse and submit evidence of such notification to the Federal
Emergency Management Agency.
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vii. Assure that maintenance is provided within the altered or relocated portion of the watercourse so
that the flood carrying capacity is not diminished.
viii. Verify, record, and maintain record of the actual elevation (in relation to mean sea level) of the
lowest floor, including basement, of all new or substantially improved structures in the
floodplain.
ix. Verify, record, and maintain record of the actual elevation (in relation to mean sea level) to which
all new or substantially improved structures have been floodproofed.
x. Verify, record, and maintain record of all improved or damaged structures to ensure compliance
with standards in applicable sections. Track value of improvements and market value with
permits. Also, ensure consistent market value estimations to evaluate against damaged or
improved values.
xi. Ensure comprehensive development plan as amended is consistent with this ordinance.
xii. In the event the floodplain administrator discovers work done that does not comply with
applicable laws or ordinances, the floodplain administrator shall revoke the permit and work to
correct any possible violation in accordance with this ordinance.
8.04.04 APPLICATION FOR PERMIT AND DEMONSTRATION OF COMPLIANCE
A. To obtain a floodplain development permit, the applicant shall first file an application in writing on a form
furnished for that purpose. Every such application shall:
i. Identify and describe the proposed development and estimated cost to be covered by the
floodplain development permit.
ii. Describe the land on which the proposed development is to be done by lot, block, tract, and house
and streets address, or similar description that will readily identify and definitely locate the
proposed building or development.
iii. Indicate the use or occupancy for which the proposed development is intended.
iv. Be accompanied by plans and specifications for proposed construction.
v. Be signed by the permittee and authorized agent who may be required to submit evidence to
indicate such authority.
B. If any proposed development is located entirely or partially within a floodplain, applicants shall provide all
information in sufficient detail and clarity to enable the floodplain administrator to determine that:
i. All such proposals are consistent with the need to minimize flood damage;
ii. All utilities and facilities such as sewer, gas, water, electrical, and other systems are located and
constructed to minimize or eliminate flood damage;
iii. Structures will be anchored to prevent flotation, collapse, or lateral movement;
iv. Construction materials are flood resistant;
v. Appropriate practices to minimize flood damage have been utilized; and
vi. Electrical, heating, ventilation, air conditioning, plumbing, and any other service facilities have
been designed and located to prevent entry of floodwaters.
C. For all new and substantially improved structures, an elevation certificate based upon the finished
construction certifying the elevation of the lowest floor, including basement, and other relevant building
components shall be provided to the floodplain administrator and be completed by a licensed surveyor,
engineer, or architect.
D. When floodproofing is utilized for an applicable structure, a floodproofing certificate shall be provided to
the floodplain administrator and be completed by a licensed professional engineer or architect.
E. Any other such information as reasonably may be required by the floodplain administrator shall be
provided.
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F. Letters of Map Revision: Federal regulations in Title 44 of the Code of Federal Regulations, Chapter 1,
Part 65.5 and 65.6 allow for changes to the special flood hazard area through a Letter of Map Revision
(LOMR) or a Letter of Map Revision Based on Fill (LOMR-F), provided the community determines that
the land and any existing or proposed structures that would be removed from the floodplain are
“reasonably safe from flooding.” The community acknowledgement form asserting this is required for
LOMR and LOMR-F applications and must be signed by the floodplain administrator. The floodplain
administrator shall not sign a community acknowledgement form unless all criteria set forth in the
following paragraphs are met:
i. Applicant shall obtain floodplain development permit before applying for a LOMR or LOMR-F.
ii. Applicant shall demonstrate that the property and any existing or proposed structures will be
“reasonably safe from flooding,” according to the minimum design standards in FEMA Technical
Bulletin 10-01.
iii. All requirements listed in the Simplified Approach in FEMA Technical Bulletin 10-01 shall be
met and documentation from a registered professional engineer shall be provided. If all of these
requirements are not met, applicant must provide documentation in line with the Engineered
Approach outlined in FEMA Technical Bulletin 10-01.]
8.04.05 FLOOD DATA REQUIRED
A. All Zone A areas on the FIRM are subject to inundation of the base flood; however, the base flood
elevations are not provided. Zone A areas shall be subject to all development provisions of this ordinance.
If Flood Insurance Study data is not available, the community shall utilize any base flood elevation or
floodway data currently available from federal, state, or other sources, including from a study
commissioned by the applicant pursuant to best technical practices.
B. Until a floodway has been designated, no development or substantial improvement may be permitted
within the floodplain unless the applicant has demonstrated that the proposed development or substantial
improvement, when combined with all other existing and reasonably anticipated developments or
substantial improvements, will not increase the water surface elevation of the base flood more than one (1)
foot at any location as shown in the Flood Insurance Study or on base flood elevation determinations.
8.04.06 VARIANCE AND APPEALS PROCEDURES
A. The Zoning Board of Adjustment as established by Cairo shall hear and decide appeals and requests for
variances from the requirements of this ordinance.
B. The Zoning Board of Adjustment shall hear and decide appeals when it is alleged that there is an error in
any requirement, decision, or determination made by the floodplain administration the enforcement or
administration of this ordinance.
C. Any person aggrieved by the decision of the Zoning Board of Adjustment or any taxpayer may appeal
such decision to the District Court as provided in Nebraska Revised Statutes Section 23-168 (for counties)
and Nebraska Revised Statutes Section 19-192 (for municipalities).
D. In evaluating such appeals and requests, the Zoning Board of Adjustment shall consider technical
evaluation, all relevant factors, standards specified in other sections of this ordinance, and:
i. The danger to life and property due to flooding or erosion damage;
ii. The danger that materials may be swept onto other lands to the injury of others;
iii. The susceptibility of the proposed facility and its contents to flood damage and the effect of such
damage on the individual owner, future owners, and neighboring properties;
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iv. The importance of the services provided by the proposed facility to the community;
v. The necessity of the facility to have a waterfront location, where applicable;
vi. The availability of alternative locations that are not subject to flooding or erosion damage for the
proposed use;
vii. The compatibility of the proposed use with existing and anticipated development;
viii. The relationship of the proposed use to the comprehensive plan and the floodplain management
program for that area;
ix. The safety of access to the property in times of flood for ordinary and emergency vehicles;
x. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters
and the effects of wave action, if applicable, expected at the site; and,
xi. The costs of providing government services during and after flood conditions including
emergency management services and maintenance and repair of public utilities and facilities such
as sewer, gas, electrical, water systems, streets, and bridges.
8.040.7 CONDITIONS FOR VARIANCES
A. Variances shall only be issued upon a showing of good and sufficient cause and also upon a determination
that failure to grant the variance would result in an exceptional hardship to the applicant.
B. Variances shall only be issued based upon a determination that the granting of a variance will not result in
increased flood heights.
C. Variances shall only be issued based upon a determination that the granting of a variance will not result in
additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or
victimization of the public, or conflict with existing local laws or ordinances.
D. Generally, variances may be issued for new construction and substantial improvements to be erected on a
lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed
below the base flood level, providing items E-H below have been fully considered. As the lot size
increases beyond one-half acre, the technical justification required for issuing the variance increases.
E. Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the
proposed repair or rehabilitation will not preclude the structure’s continued designation as an historic
structure on the National Register of Historic Places and the variance is the minimum necessary to
preserve the historic character and design of the structure.
F. Variances shall only be issued upon a determination that the variance in the minimum necessary,
considering the flood hazard, to afford relief.
G. The applicant shall be given a written notice over the signature of a community that the issuance of a
variance to construct a structure below the base flood elevation will result in increased premium rates for
flood insurance up to amounts as high as $25 for $100 of insurance coverage and also that such
construction below the base flood elevation increases risks to life and property. Such notification shall be
maintained with the record of all variance actions as required by this ordinance.
H. All requests for variances and associated actions and documents, including justification for their issuance,
shall be maintained by the community.
8.04.08 ENFORCEMENT
A. Violations
Failure to obtain a floodplain development permit or the failure of a structure or other development to be
fully compliant with the provisions of this ordinance shall constitute a violation. A structure or other
development without a floodplain development permit, elevation certificate, certification by a licensed
professional engineer of compliance with these regulations, or other evidence of compliance is presumed
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to be in violation until such time as documentation is provided.
B. Notices
When the floodplain administrator or other authorized community representative determines, based on
reasonable grounds, that there has been a violation of the provisions of this ordinance, the floodplain
administrator shall give notice of such alleged violation as hereinafter provided. Such notice shall:
i. Be in writing;
ii. Include an explanation of the alleged violation;
iii. Allow a reasonable time for the performance of any remedial act required;
iv. Be served upon the property owner or their agent as the case may require; and
v. Contain an outline of remedial actions that, if taken, will bring the development into compliance
with the provisions of this ordinance.
C. Penalties
i. Violation of the provisions of this ordinance or failure to comply with any of its requirements
(including violations of conditions and safeguards established in connection with grants of
variances or special exceptions) shall constitute a misdemeanor. Any person, firm, corporate, or
other entity that violates this ordinance or fails to comply with any of its requirements shall upon
conviction thereof be fined not more than $100, and in addition, shall pay all costs and expenses
involved in the case. Each day such violation continues shall be considered a separate offense.
ii. The imposition of such fines or penalties for any violation or non-compliance with this ordinance
shall not excuse the violation or non-compliance or allow it to continue. All such violations or
non-compliant actions shall be remedied within an established and reasonable time.
iii. Nothing herein contained shall prevent the Cairo or other appropriate authority from taking such
other lawful action as is necessary to prevent or remedy any violation.
Section 8.05 Standards for Floodplain Development
8.05.01. General Provisions
A. Alteration or Relocation of a Watercourse
i. A watercourse or drainway shall not be altered or relocated in any way that in the event of a base
flood or more frequent flood will alter the flood carrying characteristics of the watercourse or
drainway to the detriment of upstream, downstream, or adjacent locations.
ii. No alteration or relocation shall be made until all adjacent communities that may be affected by
such action and the Nebraska Department of Natural Resources have been notified and all
applicable permits obtained. Evidence of such notification shall be submitted to the Federal
Emergency Management Agency.
B. Encroachments
i. When proposing to permit any of the following encroachments, the standards in Section 8.05.1
(B) (ii) shall apply:
a. Any development in Zone A without a designated floodway that will cause a rise of
more than one foot in the base flood elevation; or
b.Alteration or relocation of a stream; then
ii. The applicant shall:
a. Apply to FEMA for conditional approval of such action via the Conditional Letter of
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Map Revision process (as per Title 44 of the Code of Federal Regulations, Chapter 1,
Part 65.12) prior to the permit for the encroachments; and
b.Supply the fully approved package to the floodplain administrator including any
required notifications to potentially affected property owners.
8.05.02. Elevation and Floodproofing Requirements
A. Residential Structures
i. In Zone A, all new construction and substantial improvements shall have the lowest floor,
including basement, elevated to or above one (1) foot above the base flood elevation.
B. Nonresidential Structures
i. In Zone A, all new construction and substantial improvements shall have the lowest floor,
including basement, elevated to or above one (1) foot above the base flood elevation or, together
with attendant utility and sanitary facilities, floodproofed so that below one (1) foot above the
base flood elevation:
a.The structure is watertight with walls substantially impermeable to the passage of water
and
b.The structure has structural components with the capability of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy.
A registered professional engineer or architect shall certify that the standards of this subsection
are satisfied. A floodproofing certificate shall be provided to the floodplain administrator as set
forth in Section 4.
C. Space Below Lowest Floor
i. Fully enclosed areas below the lowest floor (excluding basements) and below the base flood
elevation shall be used solely for the parking of vehicles, building access, or limited storage of
readily removable items.
ii. Fully enclosed areas below the lowest floor (excluding basements) and below the base flood
elevation shall be designed to automatically equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either
be certified by a registered professional engineer or architect or meet or exceed the following
minimum criteria:
a. A minimum or two openings having a net total area of not less than one (1) square inch
for every one (1) square foot of enclosed space,
b.The bottom of all openings shall not be higher than one (1) foot above grade, and
c. Openings may be equipped with screens, louvers, valves, or other coverings or devices
provided that they allow the automatic entry and exit of floodwaters.
D. Appurtenant Structures
i. Structures accessory to a principal building may have the lowest floor below one foot above base
flood elevation provided that the structure complies with the following requirements:
a.The structure shall not be used for human habitation.
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b.The use of the structure must be limited to parking of vehicles or storage of items
readily removable in the event of a flood warning.
c.The floor area shall not exceed 800 square feet.
d.The structure shall have a low damage potential.
e.The structure must be adequately anchored to prevent flotation, collapse, or other lateral
movement.
f.The structure shall be designed to automatically provide for the entry and exit of
floodwaters for the purpose of equalizing hydrostatic forces. Designs for meeting this
requirement must either be certified by a registered professional engineer or architect
or meet or exceed the following minimum criteria:
1. A minimum of two openings having a net area of not less than one (1) square
inch for every one (1) square foot of enclosed space,
2. The bottom of all openings shall not be higher than one (1) foot above grade,
and
3. Openings may be equipped with screens, louvers, valves, or other coverings or
devices provided that they allow the automatic entry and exit of floodwaters.
g.No utilities shall be installed except electrical fixtures in the structure, which must be
elevated or floodproofed to one (1) foot above base flood elevation.
h.The structure shall be constructed and placed on the building site so as to offer the
minimum resistance to the flow of floodwaters.
i.If the structure is converted to another use, it must be brought into full compliance with
the minimum standards governing such use.
E. Manufactured Homes
[
i. Require that all manufactured homes to be placed or substantially improved within floodplains on
sites:
a.Outside of a manufactured home park or subdivision,
b.In a new manufactured home park or subdivision,
c.In an expansion to an existing manufactured home park or subdivision, or
d.In an existing manufactured home park or subdivision on which a manufactured home
as incurred substantial damage as the result of a flood,
Be elevated on a permanent foundation such that the lowest floor of the manufactured home is at
or above one (1) foot [above the base flood elevation and be securely anchored to an adequately
anchored foundation system in accordance with the provisions of this Section.
ii. Require that manufactured homes to be placed or substantially improved on sites in an existing
manufactured home park or subdivision within special flood hazard areas that are not subject to
the provisions of Section 5.2 (F) (i) be elevated so that either;
a.The lowest floor of the manufactured home is at or above one (1) foot above the base
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flood elevation, or
b.The manufactured home chassis is supported by reinforced piers or other foundation
elements of at least equivalent strength that are no less than 36 inches in height above
grade; and be securely anchored to an adequately anchored foundation system in
accordance with the provisions of Section 5.2 (F) (iv).
iii. New manufactured home parks of five (5) acres or fifty (50) lots, whichever is less, shall follow
the standards of Section 5.3 (H).
iv. All manufactured homes shall be anchored to resist flotation, collapse, or lateral movement.
Manufactured homes must be anchored in accordance with local building codes or FEMA
guidelines. In the event that over-the-top ties to ground anchors are used, the following specific
requirements (or their equivalent) shall be met:
a.Over-the-top ties be provided at each of the four corners of the manufactured home, with
two additional ties per side at intermediate locations and manufactured homes less
than 50 feet long requiring one additional tie per side;
b.Frame ties be provided at each corner of the manufactured home with five additional
ties per side at intermediate points and manufactured homes less than 50 feet long
requiring four additional ties per side;
c.Any additions to the manufactured home be similarly anchored.
F. Existing Structures
i. The provisions of this ordinance do not require any changes or improvements to be made to
lawfully existing structures. However, when an improvement is made to a structure in the
floodplain, a floodplain development permit is required and the provisions of 5.2 (G) (ii-iii) shall
apply.
ii. Any addition, alteration, reconstruction, or improvement of any kind to an existing structure
where the costs of which would equal or exceed fifty (50) percent of the pre-improvement market
value shall constitute a substantial improvement and shall fully comply with the provisions of this
ordinance.
iii. Any addition, alteration, reconstruction, or improvement of any kind to an existing structure that
will change the compliance requirements of the building shall require applicable documentation
including an elevation certificate, floodproofing certificate, or no rise certification.
8.05.03. Design and Construction Standards
A. Anchoring
i. All buildings or structures shall be firmly anchored to prevent flotation, collapse, or lateral
movement of the structure resulting from hydrodynamic and hydrostatic loads, including the
effects of buoyancy.
B. Building Materials and Utilities
i. All buildings or structures shall be constructed with materials and utility equipment resistant to
flood damage. All buildings or structures shall also be constructed by methods and practices that
minimize flood and flood-related damages.
ii. All buildings or structures shall be constructed with electrical, heating, ventilation, plumbing, air
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conditioning equipment, and other service facilities that are designed and/or located so as to
prevent water from entering or accumulating within the components during conditions of
flooding.
C. Drainage
i. Within Zones AO and AH, adequate drainage paths around structures on slopes shall be required
in order to guide floodwaters around and away from proposed structures.
D. Water Supply and Sanitary Sewer Systems
i. All new or replacement water supply and sanitary sewer systems shall be located, designed, and
constructed to minimize or eliminate flood damages to such systems and the infiltration of
floodwaters into the systems.
ii. All new or replacement sanitary sewage systems shall be designed to minimize or eliminate
discharge from the system into floodwaters.
iii. On-site waste disposal systems shall be located and designed to avoid impairment to them or
contamination from them during flooding.
E. Other Utilities
i. All other utilities such as gas lines, electrical, telephone, and other utilities shall be located and
constructed to minimize or eliminate flood damage to such utilities and facilities.
F. Storage of Materials
i. The storage or processing of materials that are in time of flooding buoyant, flammable, explosive,
or could be injurious to human, animal, or plant life is prohibited.
ii. The storage of other material or equipment may be allowed if not subject to major damage by
floods and firmly anchored to prevent flotation or if readily removable from the area within the
time available after flood warning.
G. Recreational Vehicles
i. Recreational vehicles to be placed on sites within the floodplain shall:
a. Be on site for fewer than 180 consecutive days; and
b.Be fully licensed and ready for highway use, which shall mean it is on its wheels or
jacking system, is attached to the site by only quick-disconnect type utilities and
security devices, and no permanently attached additions; or
c. Meet the permit requirements and the elevation and anchoring requirements for
manufactured homes of this ordinance.
H. Subdivisions
i. Subdivision proposals and other proposed new development, including manufactured home parks
or subdivisions, shall require assurance that:
a. All such proposals are consistent with the need to minimize flood damage;
b.All public utilities and facilities such as sewer, gas, electrical, and water systems are
located, elevated, and constructed to minimize or eliminate flood damage;
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c. Adequate drainage is provided so as to reduce exposure to flood hazards; and
d.Proposals for development (including proposals for manufactured home parks and
subdivisions) of five (5) acres or fifty (50) lots, whichever is less, where base flood
elevation data are not available, shall be supported by hydrologic and hydraulic
analyses that determine base flood elevations and floodway information. The analyses
shall be prepared by a licensed professional engineer in a format required by FEMA
for Conditional Letters of Map Revision and a Letters of Map Revision.
Section 8.06: Nonconforming Use
A. A structure or use of a structure or premises that was lawful before the passage or amendment of
this ordinance, but that is not in conformity with the provisions of this ordinance may be continued subject
to the following conditions:
i. If such use is discontinued for twelve consecutive months, any future use of the building
premises shall conform to this ordinance.
ii. Uses or adjuncts thereof that are or become nuisances shall not be entitled to continue as
nonconforming uses.
B. If any nonconforming use or structure is destroyed by any means, including flood, it shall not be
reconstructed if the cost is more than 50% of the market value of the structure before the damage occurred
except that if it is reconstructed in conformity with the provisions of this ordinance. This limitation does
not include the cost of any alteration to comply with existing state or local health, sanitary, or safety code
or regulations or the cost of any alteration of a structure listed on the National Register of Historic Places,
provided that the alteration shall not preclude its continued designation.
Section 8.07: Amendments
A. The regulations, restrictions, and boundaries set forth in this ordinance may from time to time be amended,
supplemented, changed, or appealed to reflect any and all changes in federal, state, or local regulations
provided, however, that no such action may be take until after a public hearing in relation thereto, at which
citizens and parties in interest shall have an opportunity to be heard. Notice of the time and place of such
hearing shall be published in a newspaper of general circulation in Cairo. At least 10 days shall elapse
between the date of this publication and the public hearing.
B. A copy of such amendments will be provided to the Nebraska Department of Natural Resources and the
Federal Emergency Management Agency for review and approval before being adopted.
Section 8.08: Definitions
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them
the meaning they have in common usage and to give this ordinance it’s most reasonable application:
[
Area of Shallow Flooding means a designated AO or AH zone on a community's Flood Insurance Rate Map
(FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a
clearly defined channel is unpredictable and where velocity flow may be evident. Such flooding is characterized by
ponding or sheet flow.
Base Flood means the flood having one (1) percent chance of being equaled or exceeded in any given year.
Base Flood Elevation means the elevation to which floodwaters are expected to rise during the base flood.
Basement means any area of the building having its floor subgrade (below ground level) on all sides.
Building means “structure.” See definition for “structure.”
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Development means any man-made change to improved or unimproved real estate, including but not limited to the
construction, reconstruction, renovation, repair, expansion or alteration of buildings or other structures; the
placement of manufactured homes; streets and other paving; utilities; filling, grading, and excavation; mining;
dredging; drilling operations; storage of equipment or materials; or obstructions.
Drainway means “watercourse.” See definition for “watercourse.”
Existing Manufactured Home Park or Subdivision means a manufactured home park or subdivision for which the
construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a
minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is complete before the effective date of the floodplain management regulations adopted by a
community.
Expansion to an Existing Manufactured Home Park or Subdivision means the preparation of additional sites by
the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the
installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
Flood or Flooding means a general and temporary condition of partial or complete inundation of normally dry land
areas.
Flood Fringe is that area of the floodplain, outside of the floodway, that has a one percent chance of flood
occurrence in any one year.
Flood Insurance Rate Map (FIRM) means an official map of a community, on which the Flood Insurance Study
has delineated the special flood hazard area boundaries and the risk premium zones applicable to the community.
Flood Insurance Study (FIS) is the official report provided by the Federal Emergency Management Agency. The
report contains flood profiles, as well as the Flood Insurance Rate Map and the water surface elevation of the base
flood.
Floodplain means any land area susceptible to being inundated by water from any source (see definition of
"flooding"). Floodplain includes flood fringe and floodway. Floodplain and special flood hazard area are the same
for use by this ordinance.
Floodproofing means any combination of structural and nonstructural additions, changes, or adjustments to
structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary
facilities, and structures and their contents.
Floodway or Regulatory Floodway means the channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than one foot.
Freeboard means a factor of safety usually expressed in feet above a flood level for purposes of floodplain
management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights
greater than the height calculated for a selected size flood and floodway conditions, such as wave action, clogged
bridge openings, and the hydrological effect of urbanization of the watershed.
Highest Adjacent Grade means the highest natural elevation of the ground surface prior to construction next to the
proposed walls of a structure.
Historic Structure means any structure that is: (a) Listed individually in the National Register of Historic Places (a
listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National Register; (b) Certified or preliminarily determined
by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a
district preliminarily determined by the Secretary to qualify as a registered historic district; (c) Individually listed
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ARTICLE 8: FLOOD PLAIN REGULATIONS
CAIRO, NEBRASKA ZONING ORDINANCE UPDATED & READOPTED 2023 107
on a state inventory of historic places in states with historic preservation programs which have been approved by
the Secretary of the Interior; or (d) Individually listed on a local inventory of historic places in communities with
historic preservation programs that have been certified either: (1) By an approved state program as determined by
the Secretary of the Interior or (2) Directly by the Secretary of the Interior in states without approved programs.
Lowest Floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-
resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a
basement area, is not considered a building's lowest floor, provided that such enclosure is not built or modified so
as to render the structure in violation of the applicable non-elevation design requirements of this ordinance.
Manufactured Home means a structure, transportable in one or more sections, which is built on a permanent
chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The
term "manufactured home" does not include a "recreational vehicle".
Manufactured Home Park or Subdivision means a parcel (or contiguous parcels) of land divided into two or more
manufactured home lots for rent or sale.
New Construction for floodplain management purposes, "new construction" means structures for which the "start
of construction” commenced on or after the effective date of the floodplain management regulation adopted by a
community and includes any subsequent improvements to such structures.
New Manufactured Home Park or Subdivision means a manufactured home park or subdivision for which the
construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a
minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a
community.
Obstruction means any wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation (including the
alteration or relocation of a watercourse or drainway), channel rectification, bridge, conduit, culvert, building,
stored equipment or material, wire, fence, rock, gravel, refuse, fill, or other analogous structure or matter which
may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris
carried by such water, or that is placed where the natural flow of the water would carry such structure or matter
downstream to the damage or detriment of either life or property. Dams designed to store or divert water are not
obstructions if permission for the construction thereof is obtained from the Department of Natural Resources
pursuant to the Safety of Dams and Reservoirs Act (Nebraska Revised Statutes 46-1601 to 46-1670 as amended).
Overlay District is a district in which additional requirements act in conjunction with the underlying zoning
district(s). The original zoning district designation does not change.
Post-FIRM Structure means a building that was constructed or substantially improved after December 31, 1974 or
on or after the community’s initial Flood Insurance Rate Map dated August 1, 1978, whichever is later.
Pre-FIRM Structure means a building that was constructed or substantially improved on or before December 31,
1974 or before the community’s initial Flood Insurance Rate Map dated August 1, 1978, whichever is later.
Principally Above Ground means that at least 51 percent of the actual cash value of the structure is above ground.
Recreational Vehicle means a vehicle which is (i) built on a single chassis; (ii) 400 square feet or less when
measured at the largest horizontal projections; (iii) designed to be self-propelled or permanently towable by a light
duty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use.
Regulatory Flood Elevation means the base flood elevation (BFE) plus a freeboard factor as specified in this
ordinance.
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Special Flood Hazard Area (SFHA) is the land in the floodplain within a community subject to one percent or
greater chance of flooding in any given year.
Start of Construction means the date the floodplain development permit was issued, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days
of the permit date. “Start of construction” also includes substantial improvement, and means the date the building
permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days of the permit date. The actual start means the first placement
of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles,
the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home
on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling;
nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement,
footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the
property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main
structure. For a substantial improvement, the actual start of construction means the first alteration of any wall,
ceiling, floor, or other structural part of a building, whether or not the alteration affects the external dimensions of
the building.
Structure means a walled and roofed building that is principally above ground, as well as a manufactured home and
a gas or liquid storage tank that is principally above ground.
Subdivision means the division or re-division of a lot, tract, or parcel of land by any means into two or more lots,
tracts, parcels, or other divisions of land including changes in existing lot lines for the purpose, whether immediate
or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership, or building or
lot development.
Substantial Damage means damage of any origin sustained by a structure whereby the cost of restoring the
structure to its before-damage condition would equal or exceed 50 percent of the market value of the structure
before the damage occurred. Substantial Improvement means any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure
before "start of construction" of the improvement. This includes structures which have incurred "substantial
damage," regardless of the actual repair work performed. The term does not, however, include either (1) any project
for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code
specifications which have been identified by the local code enforcement official and which are the minimum
necessary to assure safe living conditions, or (2) any alteration of a "historic structure," provided that the alteration
will not preclude the structure's continued designation as a "historic structure."
Variance is a grant of relief to an applicant from the requirements of this ordinance that allows construction in a
manner otherwise prohibited by this ordinance where specific enforcement would result in unnecessary hardship.
Violation means a failure of a structure or other development to be fully compliant with the community’s
floodplain management regulations. A structure or other development without the Elevation Certificate, other
certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such
time as that documentation is provided.
Watercourse means any depression two feet or more below the surrounding land that serves to give direction to a
current of water at least nine months of the year and that has a bed and well-defined banks.
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ARTICLE 9: BOARD OF ADJUSTMENT
CAIRO, NEBRASKA ZONING ORDINANCE UPDATED & READOPTED 2023 109
ARTICLE 9: BOARD OF ADJUSTMENT
Section 9.01. Establishment
The Hall County Board of Adjustment Village Board shall serve as the Board of Adjustment for the Village.
Section 9.02. Rules
The board of adjustment shall adopt rules necessary for the conduct of its affairs and in keeping with the provisions
of this chapter.
Section 9.03. Meetings
Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine.
Such chairman, or in his or her absence the acting chairman, may administer oaths and compel the attendance of
witnesses. All meetings of the board shall be open to the public.
Section 9.04. Minutes
The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent
or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of
which shall be immediately filed in the office of the board and shall be a public record.
Section 9.05. Appeal
Appeals to the board may be taken by any person aggrieved by any officer, department, board, or bureau of the
Village affected by any decision of an administrative officer, provided, such appeal shall be taken within ten days
after the decision of the administrative officer, by filing with the office from whom the appeal is taken, and with the
clerk of the board, written notice of appeal specifying the grounds thereof. The officer from whom the appeal is
taken shall forthwith transmit to the board all papers constituting the record upon which the action appealed from
was taken
.
Section 9.06. Notice
The board shall fix a reasonable time for hearing of the appeal, give public notice thereof in a newspaper of general
circulation in the Village one time at least ten days prior to such hearing, as well as due notice to the parties in
interest, and decide the same within a reasonable time. The hearing shall be public and any party may appear in
person, by agent, or by attorney.
Section 9.07. Fees
Prior to the filing of the appeal with the clerk of the board and the administrative officer from whose decision the
appeal is requested, the appellant shall pay to the city treasurer a processing fee, as provided by a fee schedule
approved by the city council, which shall not be refundable.
Section 9.08. Powers and Limitations
The board of adjustment shall, subject to appropriate conditions and safeguards as may be established by Village
Board, have the following powers:
9.08.01. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or
determination made by an administrative official or agency based on or made in the enforcement of any
zoning regulation or any regulation relating to the location or soundness of structures.
9.08.02. To hear and decide, in accordance with the provisions of any zoning regulation, requests for interpretation
of any map, or for decisions upon other special questions upon which the board is authorized by any such
regulation to pass.
9.08.03. Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the
time of the enactment of the zoning regulations, or by reason of exceptional topographic conditions or
other extraordinary and exceptional situation or condition of such piece of property, the strict application
of any enacted regulation under this ordinance would result in peculiar and exceptional practical
difficulties to, or exceptional and undue hardships upon the owner of such property, to authorize, upon an
appeal relating to the property, a variance from such strict application so as to relieve such difficulties or
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ARTICLE 9: BOARD OF ADJUSTMENT
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hardship, if such relief may be granted without substantial detriment to the public good and without
substantially impairing the intent and purpose of this code or any ordinance or resolution. No such
variance shall be authorized by the board unless it finds that:
1 The strict application of the zoning regulations would produce undue hardship;
2 Such hardship is not shared generally by other properties in the same zoning district and the same
vicinity;
3 The authorization of such variance will not be of substantial detriment to adjacent property and
the character of the district will not be changed by the granting of variance; and
4 The granting of such variance is based upon reason of demonstrable and exceptional hardship as
distinguished from variations for purposes of convenience, profit, or caprice.
No variance shall be authorized unless the board finds that the condition or situation of the property concerned or
the intended use of the property is not of so general or recurring a nature as to make reasonably practicable the
formulation of a general regulation to be adopted as an amendment to the zoning regulations.
Section 9.09. Action and Vote Required
In exercising the above-mentioned powers, the board may reverse or affirm, wholly or partly, or may modify the
order, requirement, decision, or determination appealed from, and may make such order, requirement, decision, or
determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is
taken. The concurring vote of four members of the board shall be necessary to reverse any order, requirement,
decision, or determination of any such administrative official, or to decide in favor of the applicant on any matter
upon which it is required to pass under any such regulation or to effect any variation in such regulation.
Section 9.10. Appeals to District Court.
Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment may appeal as
provided by Section 19-912, Reissue Revised Statutes of 1943 (in full).
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ARTICLE 10: AMENDMENT
CAIRO, NEBRASKA ZONING ORDINANCE UPDATED & READOPTED 2023 111
ARTICLE 10: AMENDMENT
Section 10.01 Amendments
Pursuant to Neb. Rev. Stat. § 19-905 (R.R.S.1997): This Ordinance may, from time to time, be amended,
supplemented, changed, modified, or repealed. In case of a protest against such change, signed by the owners of
twenty percent (20%) or more either of the area of the lots included in such proposed change, or of those
immediately adjacent on the sides and in the rear thereof extending three hundred feet (300’) therefrom, and of
those directly opposite thereto extending three hundred feet (300’) from the street frontage of such opposite lots,
such amendment shall not become effective except by the favorable vote of three-fourths (3/4) of all the members
of the legislative body of such municipality. The provisions of Neb. Rev. Stat. §19-904 relative to public hearings
and official notice shall apply equally to all changes or amendments. In addition to the publication of the notice
therein prescribed, a notice shall be posted in a conspicuous place on or near the property on which action is
pending. Such notice shall not be less than eighteen inches (18”) in height and twenty-four inches (24”) in width
with a white or yellow background and black letters not less than one and one-half inches (1-1/2”) in height. Such
posted notice shall be so placed upon such premises that it is easily visible from the street nearest the same and
shall be so posted at least ten (10) days prior to the date of such hearing. It shall be unlawful for anyone to remove,
mutilate, destroy, or change such posted notice prior to such hearing. Any person so doing shall be deemed guilty
of a misdemeanor, and upon conviction thereof shall be fined not less than fifty dollars ($50) or more than one
hundred dollars ($100). If the record title owners of any lots included in such proposed change be nonresidents of
the municipality, then a written notice of such hearing shall be mailed by certified mail to them addressed to their
last-known addresses at least ten days prior to such hearing. At the option of the legislative body of the
municipality, in place of the posted notice provided above, the owners or occupants of the real estate to be zoned or
rezoned and all real estate located within three hundred feet (300’) of the real estate to be zoned or rezoned may be
personally served with a written notice thereof at least ten (10) days prior to the date of the hearing, if they can be
served with such notice within the county where such real estate is located. Where such notice cannot be served
personally upon such owners or occupants in the county where such real estate is located, a written notice of such
hearing shall be mailed to such owners or occupants addressed to their last-known addresses at least ten (10) days
prior to such hearing. The provisions of this section in reference to notice shall not apply (1) in the event of a
proposed change in such regulations, restrictions, or boundaries throughout the entire area of an existing zoning
district or of such municipality, or (2) in the event additional or different types of zoning districts are proposed,
whether or not such additional or different districts are made applicable to areas, or parts of areas, already within a
zoning district of the City, but only the requirements of Neb. Rev. Stat. § 19-904 shall be applicable.
Section 10.02 Planning Commission Review
No amendment, supplement, change or modification of this Ordinance, including the boundaries of any zoning
district, shall be made by the Village Board without first the consideration by the Regional Planning Commission,
the Commission shall submit in writing its recommendations on each amendment, supplement, change or
modification to the Village Board within forty-five (45) days after receipt thereof. Said recommendations shall
include approval, disapproval, or other suggestions and the reasons thereof, and a discussion of the effect of each
amendment, supplement, change or modification on the Comprehensive Plan. Said recommendations shall be of an
advisory nature only.
In addition, any person or persons seeking such an amendment, supplement, change, or modification of any zoning
district, shall comply with the following:
10.02.01 At the time that application for a change of zoning district or amendment to the zoning text is filed with
the Planning Commission, there shall be deposited the sum set in Section 4.21 as a fee to cover
investigation, legal notices, or other expenses incidental to the determination of such matter.
10.02.02 The forgoing requirements shall not apply in the case of an extension of an existing, adjacent and
contiguous Industrial District.
Section 10.03 Building Inspector
The provisions of this Ordinance shall be administered and enforced by a Building Inspector appointed by the
Village Board, who shall have the power to make inspection of buildings or premises necessary to carry out his or
her duties in the enforcement of this Ordinance.
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ARTICLE 10: AMENDMENT
CAIRO, NEBRASKA ZONING ORDINANCE UPDATED & READOPTED 2023 112
Section 10.04 Zoning & Building Permits
The following shall apply to all new construction and all applicable renovations and remodels within Cairo’s
zoning jurisdiction:
10.04.01 It shall be unlawful to commence the the construction of any building, or any accessory buildings, or to
commence the moving or alteration of any buildings, including accessory buildings, until the Building
Inspector has issued a zoning permit for such work.
10.04.02 Issuance of a zoning permit. In applying to the Building Inspector for a zoning permit, the applicant
shall submit a dimensioned sketch or a scale plan indicating the shape, size and height and location of
all buildings to be erected, altered or moved and of any building already on the lot. Applicant shall also
state the existing and intended use of all such buildings, and supply such other information as may be
required by the Building Inspectorf or determining whether the provisions of this Ordinance are being
observed. If the proposed excavation or construction as set forth in the application are in conformity
with the provisions of this Ordinance, the Building Inspector shall issue a zoning permit for such
excavation or construction. If a zoning permit is refused, the Building Inspector shall state such refusal
in writing, with the cause, and shall immediately thereupon mail notice of such refusal to the applicant
at the address indicated upon the application. The Building Inspector shall grant or deny the permit
within a reasonable time from the date the application is submitted. The issuance of a permit shall, in no
case, be construed as waiving any provisions of this Ordinance. A zoning permit shall become void
twelve (12) months from the date of issuance unless substantial progress has been made by that date on
the project described therein.
Section 10.05 Certificate of Occupancy
No land or building or part thereof hereafter erected or altered in its use or structure shall be used until the Building
Inspector shall have issued a certificate of occupancy stating that such land, building or part thereof, and the
proposed use thereof, are found to be in conformity with the provisions of this Ordinance. Within a reasonable
time after notification that a building or premises is ready for occupancy or use, it shall be the duty of the Building
Inspector to make a final inspection thereof and to issue a certificate of occupancy if the land, building, or part
thereof and the proposed use thereof are found to conform with the provisions of this Ordinance, or, if such
certification is refused, to state refusal in writing, with the cause, and immediately thereupon mail notice of such
refusal to the applicant at the address indicated upon the application.
Section 10.06 Penalties
Pursuant to Neb. Rev. Stat. §19-913 (R.R.S.1997), the owner or agent of a building or premises in or upon which a
violation of any provisions of this Ordinance has been committed or shall exist or lessee or tenant of an entire
building or entire premises in or upon which violation has been committed or shall exist, or the agent, architect,
building contractor or any other person who commits, takes part or assists in any violation or who maintains any
building or premises in or upon which such violation shall exist, shall be guilty of a misdemeanor and shall be
punished by a fine not to exceed one hundred dollars ($100) for any one (1) offense. Each day of non-compliance
with the terms of this Ordinance shall constitute a separate offense. Nothing herein contained shall prevent the City
from taking such other lawful action as is necessary to prevent or remedy any violation. However, nothing shall
deprive the citizen of his or her rights under the U.S. Constitution of a jury trial.
Section 10.07 Remedies
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained,
or any building, structure, or land is used in violation of Neb. Rev. Stat. §§ 19-901 to 19-914 (R.R.S.1997), or this
Ordinance, or any regulation made pursuant to said sections, the appropriate authorities of the City may institute
any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance or use, to restrain, correct, or abate such violation, to prevent the occupancy of said
building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises.
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CAIRO, NEBRASKA ZONING ORDINANCE UPDATED & READOPTED 2023 113
ARTICLE 11: COMPREHENSIVE PLAN RELATIONSHIP
These zoning ordinances are designed to implement various elements of the comprehensive plan as required by
state statutes. Any amendment to the district ordinances or map shall conform to the comprehensive plan adopted
by the governing body.
ARTICLE 12: LEGAL STATUS PROVISIONS
Section 12.01 Separability
Should any article, section or provision of this Ordinance be declared by the courts to be unconstitutional or invalid,
such decision shall not affect the validity of this Ordinance as a whole, or any part thereof other than the part so
declared to be unconstitutional or invalid.
Section 12.02 Purpose of Catch Heads
The catch heads appearing in connection with the foregoing sections are inserted simply for convenience, to serve
the purpose of any index and they shall be wholly disregarded by any person, officer, court or other tribunal in
construing the terms and provisions of this Ordinance.
Section 12.03 Repeal of Conflicting Ordinances
All ordinances or parts of ordinances in conflict with this Ordinance, or inconsistent with the provisions of this
Ordinance, are hereby repealed to the extent necessary to give this Ordinance full force and effect.
Section 12.04 Effective Date
This Ordinance shall take effect and be in force from and after its passage and publication according to law.
ADOPTED AND APPROVED by the Village Board of Cairo, Nebraska, on this ___ day of ____________ 2023.
(Seal)
_________________________________________
Chair, Village Board
ATTEST:__________________________________________
Village Clerk
Page 127 of 225
AGENDA MEMO
To: Hall County Regional Planning Commission
Agenda: Hall County Regional Planning Commission October 11, 2023
Date: October 11, 2023
Item #: 4.c.
Subject: Proposed CRA Area #39 located west of U.S. Highway 281 north and south
of Wildwood Drive in Grand Island, Hall County Nebraska. Resolution 2024-01 (C-02-
24GI)
Staff Contact: Chad Nabity
BACKGROUND: Attached is a copy of a Substandard and Blight Study as prepared by
Marvin Planning Consultants entitled “Grand Island NE, Blighted and Substandard
Study Area 39. This area as defined by the study will be referred to as Community
Redevelopment Authority (CRA) Area 39. The study as prepared and submitted
indicates that this property could be considered substandard and blighted. This only
includes property that is located within the municipal limits of Grand Island. The study
as presented shows that this property meets the criteria to be declared blighted and
substandard of its own accord. The Planning Commission recommendation must be
forwarded to the Grand Island City Council within 30 days of making the
recommendation.
RECOMMENDATION: This study is approximately 150 acres of property in southern
Grand Island located west of U.S Highway 281 north and south of Wildwood Drive.
(Study Area).
The Statutory authority and direction to the Planning Commission is referenced below
to explain the Planning Commission purpose in reviewing the study:
18-2109. Redevelopment plan; preparation; requirements; planning commission
or board; public hearing; notice; governing body; public hearing; notice.
(1) An authority shall not prepare a redevelopment plan for a redevelopment project
area unless the governing body of the city in which such area is located has, by
resolution adopted after the public hearings required under this section, declared such
area to be a substandard and blighted area in need of redevelopment.
(2) Prior to making such declaration, the governing body of the city shall conduct or
Page 128 of 225
cause to be conducted a study or an analysis on whether the area is substandard and
blighted and shall submit the question of whether such area is substandard and
blighted to the planning commission or board of the city for its review and
recommendation. The planning commission or board shall hold a public hearing on the
question after giving notice of the hearing as provided in section 18-2115.01. Such
notice shall include a map of sufficient size to show the area to be declared
substandard and blighted or information on where to find such map and shall provide
information on where to find copies of the substandard and blighted study or analysis
conducted pursuant to this subsection. The planning commission or board shall submit
its written recommendations to the governing body of the city within thirty days after the
public hearing.
(3) Upon receipt of the recommendations of the planning commission or board, or if no
recommendations are received within thirty days after the public hearing required under
subsection (2) of this section, the governing body shall hold a public hearing on the
question of whether the area is substandard and blighted after giving notice of the
hearing as provided in section 18-2115.01. Such notice shall include a map of sufficient
size to show the area to be declared substandard and blighted or information on where
to find such map and shall provide information on where to find copies of the
substandard and blighted study or analysis conducted pursuant to subsection (2) of this
section. At the public hearing, all interested parties shall be afforded a reasonable
opportunity to express their views respecting the proposed declaration. After such
hearing, the governing body of the city may make its declaration.
(4) Copies of each substandard and blighted study or analysis conducted pursuant to
subsection (2) of this section shall be posted on the city’s public web site or made
available for public inspection at a location designated by the city.
~Reissue Revised Statutes of Nebraska
The attached study does not include a redevelopment plan. If this study is approved
subsequent action will be necessary by both the Planning Commission and the City
Council prior to any action involving Tax Increment Financing or the expenditure of tax
dollars from the CRA budget within this area.
It is appropriate for the planning commission in conducting its review and considering
its recommendation regarding the substandard and blighted designation to:
1. review the study,
2. take testimony from interested parties,
3. make findings of fact, and
4. Include those findings of fact as part of its recommendation to Council.
Blighted and Substandard Defined
The terms blighted and substandard have very specific meanings within the context of
the Community Redevelopment Statutes. Those terms as defined by Statute are
included below:
Section 18-2103
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Terms, defined.
For purposes of the Community Development Law, unless the context otherwise
requires:
(3) Blighted area means an area (a) which, by reason of the presence of a substantial
number of deteriorated or deteriorating structures, existence of defective or inadequate
street layout, faulty lot layout in relation to size, adequacy, accessibility, or usefulness,
insanitary or unsafe conditions, deterioration of site or other improvements, diversity of
ownership, tax or special assessment delinquency exceeding the fair value of the land,
defective or unusual conditions of title, improper subdivision or obsolete platting, or the
existence of conditions which endanger life or property by fire and other causes, or any
combination of such factors, substantially impairs or arrests the sound growth of the
community, retards the provision of housing accommodations, or constitutes an
economic or social liability and is detrimental to the public health, safety, morals, or
welfare in its present condition and use and (b) in which there is at least one of the
following conditions: (i) Unemployment in the designated area is at least one hundred
twenty percent of the state or national average; (ii) the average age of the residential or
commercial units in the area is at least forty years; (iii) more than half of the plotted and
subdivided property in an area is unimproved land that has been within the city for forty
years and has remained unimproved during that time; (iv) the per capita income of the
area is lower than the average per capita income of the city or village in which the area
is designated; or (v) the area has had either stable or decreasing population based on
the last two decennial censuses. In no event shall a city of the metropolitan, primary, or
first class designate more than thirty-five percent of the city as blighted, a city of the
second class shall not designate an area larger than fifty percent of the city as blighted,
and a village shall not designate an area larger than one hundred percent of the village
as blighted. A redevelopment project involving a formerly used defense site as
authorized under section 18-2123.01 shall not count towards the percentage limitations
contained in this subdivision;
(31) Substandard areas shall mean an area in which there is a predominance of
buildings or improvements, whether nonresidential or residential in character, which, by
reason of dilapidation, deterioration, age or obsolescence, inadequate provision for
ventilation, light, air, sanitation, or open spaces, high density of population and
overcrowding, or the existence of conditions which endanger life or property by fire and
other causes, or any combination of such factors, is conducive to ill health, transmission
of disease, infant mortality, juvenile delinquency, and crime, (which cannot be remedied
through construction of prisons), and is detrimental to the public health, safety, morals,
or welfare;
~Reissue Revised Statutes of Nebraska
ANALYSIS-Blight and Substandard Study
The following findings are copied directly from the Study. The analysis of the
substandard and blighted factors is conducted on pages 5 to 13 of the study.
Findings for Grand Island
Study Area 39 has several items contributing to the Blight and Substandard Conditions.
These conditions include:
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Blighting Summary
These conditions are contributing to the blighted conditions of the study area.
• Deterioration of site or other improvements
1. Curb and gutter are missing throughout 100% of the study area.
2. Streets through the study area were of an average condition.
3. Sidewalks are missing within 100.0% of the entire study area.
• Insanitary and Unsafe Conditions
1. Lack of curb and gutter could lead to ponding of water. Water ponding can
become a breeding ground for communicable diseases.
Criteria under Part B of the Blight Definition
The average age of the residential or commercial units in the area is at least forty
years.
• 25 (61.0%) buildings or improvements were determined to be 40 years of age or
older.
• The average unit (square feet) is over 40 years of age. Those units over 40
years of age average 49.21 years of age.
These other criteria for Blight were present in the area:
• Diversity of Ownership
Factors Which Are Impairing And/or Arresting Sound Growth
Dangerous conditions to life or property due to fire or other causes.
These other criteria for Blight were not present in the area, these included:
• Faulty lot layout.
• Improper subdivision or obsolete platting.
• Stable or decreasing population based on the last two decennial censuses.
• Tax or special assessment delinquency exceeding fair value of the land.
• Defective or unusual condition of title.
• Unemployment in the designated area is at least 120% of the state or national
average.
• One-half of unimproved property is over 40 years old.
• The per capita income of the area is lower than the average per capita income of
the city or village in which the area is designated.
These issues were either not present or were limited enough as to have little impact on
the overall condition of the study area.
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Substandard Summary
Nebraska State Statute requires that “…an area in which there is a predominance of
buildings or improvements, whether nonresidential or residential in character, which, by
reason of dilapidation, deterioration, age or obsolescence, inadequate provision for
ventilation, light, air, sanitation, or open spaces, high density of population and
overcrowding, or the existence of conditions which endanger life or property by fire and
other causes, or any combination of such factors, is conducive to ill health, transmission
of disease, infant mortality, juvenile delinquency, and crime, (which cannot be remedied
through construction of prisons), and is detrimental to the public health, safety, morals,
or welfare;”
Study Area #39 meets the defintion of Substandard as defined in the Revised Nebraska
State Statutes.
Findings for Blight and Substandard Study Area #39
Blight Study Area #39 has several items contributing to the Blight and Substandard
Conditions. These conditions include:
Blighted Conditions
• The average age of the residential or commercial units in the area is at least
forty years.
• Deterioration of site or other improvements
• Insanitary and Unsafe Conditions
• Diversity of Ownership.
• Factors Which Are Impairing And/or Arresting Sound Growth
• Dangerous conditions to life or property due to fire or other causes.
Substandard Conditions
• Average age of the structures in the area is at least 40 years.
RECOMMENDATION:
Blight and Substandard Designation
Planning Commission staff is recommending consideration of the following questions as
a starting point in the analysis of this Study and in making a recommendation on the
question of whether the property in question is blighted and substandard.
Recommend Questions for Planning Commission
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• Does this property meet the statutory requirements to be considered blighted
and substandard? (See the prior statutory references.)
• Are the blighted and substandard factors distributed throughout the
Redevelopment Area, so basically good areas are not arbitrarily found to be
substandard and blighted simply because of proximity to areas which are
substandard and blighted? Is development of adjacent property necessary to
eliminate blighted and substandard conditions in the area?
• Is public intervention appropriate and/or necessary for the redevelopment of the
area?
• Will a blight declaration increase the likelihood of development/redevelopment in
the near future and is that in the best interest of the City?
• What is the policy of the City toward increasing development and redevelopment
in this area of the City?
Findings of fact must be based on the study and testimony presented including all
written material and staff reports. The recommendation must be based on the
declaration, not based on any proposed uses of the site. All of the testimony, a copy of
the study and this memo along with any other information presented at the hearing
should be entered into the record of the hearing.
If the Regional Planning Commission concludes that the area in question meets the
definition of blighted and substandard and supports such conclusion with findings of
fact they should move to recommend approval of the declaration as blighted and
substandard based on the facts presented and identified at this meeting.
If the Regional Planning Commission concludes that the area in question does not meet
the definition of blighted and substandard and supports such conclusions with findings
of fact, they should move to recommend denial of the declaration as blighted and
substandard based on the facts identified.
SAMPLE MOTION: Move to approve as recommended.
ATTACHMENTS:
1. Blight Study Study Area 39 2023
2. Planning Resolution 2024-01
Page 133 of 225
City of Grand Island, NE
Blight and Substandard Study
Area #39
August 2023
Page 134 of 225
Blight and Substandard Study – Area 39
City of Grand Island, NE – Area 39 • August 2023 Page 1
PURPOSE OF THE BLIGHT AND SUBSTANDARD STUDY
The purpose of completing this Blight and Substandard study is to examine existing conditions
within Study Area 39 of the City of Grand Island. This study has been commissioned by Chief
Industries to analyze the possibility of declaring the area as blighted and substandard within this
specific study area.
The Hall County Regional Planning Commission and Grand Island City Council, when considering
conditions of Blight and Substandard, will be looking at those issues and definitions provided for in
the Nebraska Community Redevelopment Law as found in Chapter 18, Section 2104 of the
Revised Nebraska State Statutes, as follows:
“The governing body of a city, to the greatest extent it deems to be feasible in carrying
out the provisions of the Community Development Law, shall afford maximum
opportunity, consistent with the sound needs of the city as a whole, to the rehabilitation
or redevelopment of the community redevelopment area by private enterprises. The
governing body of a city shall give consideration to this objective in exercising its
powers under the Community Development Law, including the formulation of a
workable program, the approval of community redevelopment plans consistent with
the general plan for the development of the city, the exercise of its zoning powers, the
enforcement of other laws, codes, and regulations, relating to the use of land and the
use and occupancy of buildings and improvements, the disposition of any property
acquired, and the providing of necessary public improvements.”
The Nebraska Revised Statutes §18-2105 continues by granting authority to the governing body
for formulation of a workable program; disaster assistance; effect. The statute reads:
“The governing body of a city or an authority at its direction for the purposes of the
Community Development Law may formulate for the entire municipality a workable
program for utilizing appropriate private and public resources to eliminate or prevent
the development or spread of urban blight, to encourage needed urban
rehabilitation, to provide for the redevelopment of substandard and blighted areas, or
to undertake such of the aforesaid activities or other feasible municipal activities as
may be suitably employed to achieve the objectives of such workable program. Such
workable program may include, without limitation, provision for the prevention of the
spread of blight into areas of the municipality which are free from blight through
diligent enforcement of housing, zoning, and occupancy controls and standards; the
rehabilitation or conservation of substandard and blighted areas or portions thereof by
replanning, removing congestion, providing parks, playgrounds, and other public
improvements by encouraging voluntary rehabilitation and by compelling the repair
and rehabilitation of deteriorated or deteriorating structures; and the clearance and
redevelopment of substandard and blighted areas or portions thereof.”
“Notwithstanding any other provisions of the Community Development Law, where the
local governing body certifies that an area is in need of redevelopment or
rehabilitation as a result of flood, fire, hurricane, earthquake, storm, or other
catastrophe respecting which the Governor of the state has certified the need for
disaster assistance under federal law, the local governing body may approve a
redevelopment plan and a redevelopment project with respect to such area without
regard to the provisions of the Community Development Law requiring a general plan
for the municipality and notice and public hearing or findings other than herein set
forth.”
Based on the Nebraska Revised Statutes §18-2103 the following definitions shall apply:
“Blighted area means an area (a) which, by reason of the presence of a substantial
number of deteriorated or deteriorating structures, existence of defective or
inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility, or
usefulness, insanitary or unsafe conditions, deterioration of site or other improvements,
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Blight and Substandard Study – Area 39
Page 2 City of Grand Island, NE – Area 39 • August 2023
diversity of ownership, tax or special assessment delinquency exceeding the fair value
of the land, defective or unusual conditions of title, improper subdivision or obsolete
platting, or the existence of conditions which endanger life or property by fire and
other causes, or any combination of such factors, substantially impairs or arrests the
sound growth of the community, retards the provision of housing accommodations, or
constitutes an economic or social liability and is detrimental to the public health,
safety, morals, or welfare in its present condition and use and (b) in which there is at
least one of the following conditions: (i) Unemployment in the designated area is at
least one hundred twenty percent of the state or national average; (ii) the average
age of the residential or commercial units in the area is at least forty years; (iii) more
than half of the plotted and subdivided property in an area is unimproved land that
has been within the city for forty years and has remained unimproved during that time;
(iv) the per capita income of the area is lower than the average per capita income of
the city or village in which the area is designated; or (v) the area has had either stable
or decreasing population based on the last two decennial censuses. In no event shall
a city of the metropolitan, primary, or first class designate more than thirty-five percent
of the city as blighted, a city of the second class shall not designate an area larger
than fifty percent of the city as blighted, and a village shall not designate an area
larger than one hundred percent of the village as blighted. A redevelopment project
involving a formerly used defense site as authorized under section 18-2123.01 shall not
count towards the percentage limitations contained in this subdivision;”
“Extremely blighted area means a substandard and blighted area in which: (a) The
average rate of unemployment in the area during the period covered by the most
recent federal decennial census is at least two hundred percent of the average rate
of unemployment in the state during the same period; and (b) the average poverty
rate in the area exceeds twenty percent for the total federal census tract or tracts or
federal census block group or block groups in the area;”
“Substandard area means an area in which there is a predominance of buildings or
improvements, whether nonresidential or residential in character, which, by reason of
dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation,
light, air, sanitation, or open spaces, high density of population and overcrowding, or
the existence of conditions which endanger life or property by fire and other causes,
or any combination of such factors, is conducive to ill health, transmission of disease,
infant mortality, juvenile delinquency, and crime, (which cannot be remedied through
construction of prisons), and is detrimental to the public health, safety, morals, or
welfare; and”
“Workforce housing means:
(a) Housing that meets the needs of today's working families;
(b) Housing that is attractive to new residents considering relocation to a rural community;
(c) Owner-occupied housing units that cost not more than two hundred seventy-five
thousand dollars to construct or rental housing units that cost not more than two hundred
thousand dollars per unit to construct. For purposes of this subdivision (c), housing unit
costs shall be updated annually by the Department of Economic Development based
upon the most recent increase or decrease in the Producer Price Index for all
commodities, published by the United States Department of Labor, Bureau of Labor
Statistics;
(d) Owner-occupied and rental housing units for which the cost to substantially rehabilitate
exceeds fifty percent of a unit's assessed value; and
(e) Upper-story housing.”
This Blight and Substandard Study is only for a portion of the corporate limits of the city which has
not previously been so designated. The Study is intended to give the Hall County Regional Planning
Commission and Grand Island City Council the basis for identifying and declaring Blighted and
Substandard conditions existing within the city’s jurisdiction and as allowed under Chapter 18,
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Blight and Substandard Study – Area 39
City of Grand Island, NE – Area 39 • August 2023 Page 3
Section 2123.01. Through this process, the City and property owners will be attempting to address
economic and/or social liabilities which are harmful to the well-being of the entire community.
The study area can be seen in Figure 1 of this report. A Redevelopment Plan to be submitted in
the future will contain, in accordance with the law, definite local objectives regarding appropriate
land uses, improved traffic, public transportation, public utilities, and other public improvements,
and the proposed land uses and building requirements in the redevelopment area and shall
include:
The boundaries defining the blighted and substandard areas in question (including existing
uses and conditions of the property within the area), and;
A list of the conditions present, which qualify the area as blighted and substandard.
BLIGHT AND SUBSTANDARD ELIGIBILITY STUDY
This study targets the entire corporate limits of the community for evaluation. The area is indicated
in Figure 1 of this report. The existing uses are vacant, residential, and public.
Through the redevelopment process, the City of Grand Island can guide future development and
redevelopment throughout the area. The use of the Community Redevelopment Act by the City
is intended to redevelop and improve areas of the community. Using the Community
Redevelopment Act, the City of Grand Island can assist in the elimination of negative conditions
and implement different programs/projects identified for the city.
The following is the description of the designated area within the City of Grand Island.
Point of beginning (POB) is the northwest corner of a tract referred to as Alda Twp Pt SE ¼ NE ¼
and pt E ½ SE ¼ of 1-10-10; thence southerly along the west property line of said track to the SE
corner of said track; thence southerly along the west boundary of a subdivision referred to as
Wildwood Subdivision to the SE corner of said subdivision; thence, easterly along the south
boundary of said subdivision and continuing easterly to the intersection with the centerline of US
Highway 281; thence, northerly along said centerline to the intersection between said centerline
and the extended north boundary of a tract referred to as Alda Twp Pt SE ¼ NE ¼ and pt E ½ SE
¼ of 1-10-10; thence, westerly along the northern boundary to the POB. Total area is +/- 150.0
acres.
Study Area
Figure 1
Study Area Map
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Blight and Substandard Study – Area 39
Page 4 City of Grand Island, NE – Area 39 • August 2023
Figure 2
Existing Land Use Map
Source: Google Earth and MPC
EXISTING LAND USE
The term “Land Use” refers to the developed uses in place within a building or on a specific parcel
of land. The number and type of uses are constantly changing within a community and produce
a number of impacts either benefitting or detracting from the community. Because of this, the
short and long-term success and sustainability of the community is directly contingent upon
available resources utilized in the best manner given the constraints the City faces during the
course of the planning period. Existing patterns of land use are often fixed in older communities
and neighborhoods, while development in newer areas is often reflective of current development
practices.
Figure 3
Existing Land Use Breakdown
Source: Marvin Planning Consultants 2022
Tansportation /
ROW
13.00%
Vacant
60.00%
Industrial
27.00%
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Blight and Substandard Study – Area 39
City of Grand Island, NE – Area 39 • August 2023 Page 5
Existing Land Use Analysis within Study Area
As part of the planning process, a survey was conducted through both in-field observations, as
well as data collection online using the Hall County Assessors website. This survey noted the use of
the tract in the study area. These data from the survey are analyzed in the following paragraphs.
Figure 3 shows the uses present in the study area are residential, public, and vacant. The majority
of the study area is vacant (60%); while 27% is industrial.
FINDINGS OF BLIGHT AND SUBSTANDARD CONDITIONS ELIGIBILITY STUDY
This section of the study examines the conditions found in the study area. The Findings Section will
review the conditions based upon the statutory definitions.
Contributing Factors
There were a number of conditions examined and evaluated in the field and online. These
conditions will be reviewed in detail, on the following pages, while some of the statutory conditions
are not present.
Deterioration of Site or Other Improvements
Sidewalk Condition
Sidewalks, regardless of the area and uses within a community, should provide a safe means of
movement for pedestrians. Sidewalks become increasingly more important along transportation
routes considered to be arterials and highways. A sidewalk allows for pedestrian movement while
keeping people off heavily traveled streets.
The sidewalk conditions analyzed in the Study Area were rated on five categories: Excellent,
Good, Average, Fair, and Poor or Missing.
Within the study area there is approximately 11,170 lineal feet or 2.1 miles of area where sidewalk
could or should be located. After reviewing the conditions in the field, the following is how the
sidewalk conditions breakdown within the study area:
0 (0.00%) lineal feet of Excellent sidewalk
0 (0.00%) lineal feet of Good sidewalk
0 (0.00%) lineal feet of Average sidewalk
0 (0.00%) lineal feet of Fair sidewalk
11,170 (100.0%) lineal feet of Poor or Missing sidewalk
There is no sidewalk present in the study area. Sidewalk is critical to the overall pedestrian
movement of an area long-term. Even sidewalk constructed, which at present there is none, will
eventually connect to several portions of the community. There is a portion of sidewalk that was
laid by property owners, though it does not connect throughout the neighborhood, and is not
ADA compliant. Because 100.0% of the area is missing sidewalk, sidewalks are considered a
direct contributing factor.
Photo 1 Photo 2
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Blight and Substandard Study – Area 39
Page 6 City of Grand Island, NE – Area 39 • August 2023
Figure 4
Sidewalk Condition
Source: Marvin Planning Consultants 2022
Curb and Gutter
Curb and Gutters have a number of direct and indirect roles in communities. Their primary function
is to be a barrier to collect and direct water to be drained away. On a secondary level, they can
help define where the streets start and stop, and they act as a physical barrier between
pedestrian and vehicular traffic.
Curb and gutter for the Study Area were examined similarly to sidewalks. The curb and gutter were
graded as either Excellent, Good, Average, Fair, and Poor or Missing.
Within the study area there is approximately 11,170 lineal feet of curb and gutter possible. After
reviewing the conditions in the field, the following is how the curb and gutter conditions break
down within the corporate limits:
0 (0.0%) lineal feet of Excellent curb and gutter
0 (0.00%) lineal feet of Good curb and gutter
0 (0.00%) lineal feet of Average curb and gutter
0 (0.00%) lineal feet of Fair curb and gutter
11,170 (100.00%) lineal feet of Poor or Missing curb and gutter
Photo 3 Photo 4
Legend:
Missing
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Blight and Substandard Study – Area 39
City of Grand Island, NE – Area 39 • August 2023 Page 7
Due to the study area completely missing curb and gutter, curb and gutter conditions would be
a direct contributing factor.
Figure 4
Sidewalk Condition
Source: Marvin Planning Consultants 2022
Factors Which Are Impairing And/or Arresting Sound Growth
Factors which are impairing and/or arresting growth are present within the entire study area. Some
of these factors are more obvious than others.
One of the factors is the lack expansion within the Wildwood Subdivision. The ability of this area to
expand or grow is limited due to a lack streets leading west or south from this development.
Industrial subdivisions are similar to residential subdivisions in that there should be movement
between different areas. This creates better connectivity but is critical to allowing for secondary
egress points from developments.
Egress is another issue within this area in that the Wildwood Subdivision only has one means of
egress. If a catastrophic event occurred in the area and near Wildwood Drive, egress could be
seriously hindered.
Photo 5 Photo 6
Legend:
Missing
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Blight and Substandard Study – Area 39
Page 8 City of Grand Island, NE – Area 39 • August 2023
The next factor is actually US Highway 281. As far as future development on the vacant areas of
this study area, NDOT will likely limit ingress and egress to this area via Wildwood Drive and drive
west of Platte Valley Blvd., this is nearly a ½ mile stretch.
Dangerous conditions to life or property due to fire or other causes.
This study area has a number of conditions making for dangerous conditions to life and property
due to fire or other causes. This developed portion of this study area has several
industrial/warehousing uses. In a number of cases there is outdoor storage of products which are
not fenced in to keep unwanted persons out of the area.
Within these areas are equipment/machinery, salvaged automobiles, and potentially chemicals
based upon some of the equipment present. These areas need to be fenced in order to protect
trespassers from being harmed.
Photo 7 Photo 8
Photo 9 Photo 10
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Blight and Substandard Study – Area 39
City of Grand Island, NE – Area 39 • August 2023 Page 9
Structural Conditions
Structural conditions were evaluated, structures were either rated as: Excellent, Very Good, Good,
Average, Fair, Poor or Very Poor. The data and rating system come from the Hall County Assessor’s
database and is the same database used to value properties in the area. According to the data
there are five structures in the Study Area.
Based upon the data provided to the planning team, the following is the breakdown for
structures in the Study Area:
0 (0.00%) structures rated as Excellent
0 (0.00%) structure rated as Very Good
13 (36.00%) structures rated as Good
23 (64.00%) structures rated Average
0 (0.00%) structures rated Fair
0 (0.00%) structures rated Poor
0 (0.00%) structure rated as Very Poor
Figure 5: Structure Conditions
Based upon these data, an assumption has been made that average condition and less would
constitute the possibility of some or considerable deterioration. It is common for older structures to
need more maintenance and upkeep in order to maintain a good or higher condition. Even a
structure rated as normal will show some signs of deteriorating which in turn can become a
dilapidated structure in the future if it is not addressed over time. Overall, 60.00% of the structures
in this Study Area are considered to in average conditions.
Legend:
Very Good Good Average
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Blight and Substandard Study – Area 39
Page 10 City of Grand Island, NE – Area 39 • August 2023
Due to the stated conditions found in the Hall County Assessor’s data, the condition of the
structure is a contributing factor.
Age of Structures
Age of structures can be a contributing factor to the blighted and substandard conditions in an
area. Statutes allow for a predominance of structures that are 40 years of age or older to be a
contributing factor regardless of their condition. The following paragraphs document the
structural age of the structures within the Study Area. Note that the age of structure was
determined from the Appraisal data within the Hall County Assessor’s website data.
Assessor’s website.
Table 1: Average Structural Age of Commercial Units - 2023
Year Age Square Footage –
Older than 40 years
Square Footage –
Newer than 40 years
1960 63 320
1960 63 320
1960 63 4,000
1960 63 600
1960 63 4,000
1960 63 600
1960 63 320
1960 63 320
1973 50 2,365
1973 50 6,020
1973 50 1,600
1973 50 2,400
1975 48 1,500
1975 48 7,000
1975 48 8,670
1975 48 7,500
1975 48 3,726
1978 45 6,560
1979 44 4,620
1980 43 1,600
1980 43 4,000
1980 43 400
1980 43 7,500
1981 42 400
1981 42 4,725
1984 39 5,920
1990 33 7,546
1997 26 2,418
1999 24 2,700
1999 24 1,300
2002 21 1,650
2004 19 2,400
2005 18 2,262
2011 12 9,853
2011 12 1,892
2011 12 9,430
2014 9 1,500
2015 8 4,300
2015 8 4,320
2017 6 8,100
2021 2 2,376
74,846 67,967
52.4% 47.6%
Source: Hall County Assessor’s and Marvin Planning Consultants 2021
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City of Grand Island, NE – Area 39 • August 2023 Page 11
Age of Structure
Within the study area there are 41 structures, according to the Hall County Assessor. After
researching the structural age on the Hall County Assessor’s website, 25 (61.0%) units were
determined to be 40 years of age or older.
The analysis indicated in the past by the Nebraska State Auditor’s Office that all structure must
average 40 years of age or more is not present. Nebraska Revised Statutes refer to age in the
following manner, “…the average age of the residential or commercial units in the area is at least
forty years;…” Within commercial land uses, one of the standards of measure includes square
footage; therefore, similar to the approach used for CRA Area 9 (Grand Island Mall), square
footage was examined as opposed to actual age. When adding up all of the square footages of
the existing structures acknowledged by the assessor’s office, the following is found:
There is a total of 149,033 square feet present in the study area
81,066 square feet are 40 years of age or older (54.39%) see Table 1
67,967 square feet are less than40 years of age (45.61%) see Table 1
Therefore the average unit (square feet) is more than 40 years of age at 49.21 years.
Blighting Summary
These conditions are contributing to the blighted conditions of the study area.
Deterioration of site or other improvements
o Curb and gutter are missing throughout 100% of the study area.
o Streets through the study area were of an average condition.
o Sidewalks are missing within 100.0% of the entire study area.
Insanitary and Unsafe Conditions
o Lack of curb and gutter could lead to ponding of water. Water ponding can
become a breeding ground for communicable diseases.
Criteria under Part B of the Blight Definition
The average age of the residential or commercial units in the area is at least forty years.
25 (61.0%) buildings or improvements were determined to be 40 years of age or older.
The average unit (square feet) is over 40 years of age. Those units over 40 years of age
average 49.21 years of age.
These other criteria for Blight were present in the area:
Diversity of Ownership
Factors Which Are Impairing And/or Arresting Sound Growth
Dangerous conditions to life or property due to fire or other causes.
These other criteria for Blight were not present in the area, these included:
Faulty lot layout.
Improper subdivision or obsolete platting.
Stable or decreasing population based on the last two decennial censuses.
Tax or special assessment delinquency exceeding fair value of the land.
Defective or unusual condition of title.
Unemployment in the designated area is at least 120% of the state or national average.
One-half of unimproved property is over 40 years old.
The per capita income of the area is lower than the average per capita income of the
city or village in which the area is designated.
These issues were either not present or were limited enough as to have little impact on the overall
condition of the study area.
Page 145 of 225
Blight and Substandard Study – Area 39
Page 12 City of Grand Island, NE – Area 39 • August 2023
Substandard Conditions
Average Age of Structures
Average age of structures can be a contributing factor to the blighted and substandard
conditions in an area. Statutes allow for a predominance of structures 40 years of age or older to
be a contributing factor regardless of their condition. The following paragraphs document the
structural age of the structures within the Study Area. Note the age of structure was determined
from the Hall County Assessor’s website.
Table 1: Average Structural Age of Commercial Units - 2023
Year Age Square Footage –
Older than 40 years
Square Footage –
Newer than 40 years
1960 63 320
1960 63 320
1960 63 4,000
1960 63 600
1960 63 4,000
1960 63 600
1960 63 320
1960 63 320
1973 50 2,365
1973 50 6,020
1973 50 1,600
1973 50 2,400
1975 48 1,500
1975 48 7,000
1975 48 8,670
1975 48 7,500
1975 48 3,726
1978 45 6,560
1979 44 4,620
1980 43 1,600
1980 43 4,000
1980 43 400
1980 43 7,500
1981 42 400
1981 42 4,725
1984 39 5,920
1990 33 7,546
1997 26 2,418
1999 24 2,700
1999 24 1,300
2002 21 1,650
2004 19 2,400
2005 18 2,262
2011 12 9,853
2011 12 1,892
2011 12 9,430
2014 9 1,500
2015 8 4,300
2015 8 4,320
2017 6 8,100
2021 2 2,376
74,846 67,967
52.4% 47.6%
Source: Hall County Assessor’s and Marvin Planning Consultants 2022
Age of Structures
Within the study area there are 41 structures, according to the Hall County Assessor. After
researching the structural age on the Hall County Assessor’s website, 25 (61.0%) units were
determined to be 40 years of age or older.
Page 146 of 225
Blight and Substandard Study – Area 39
City of Grand Island, NE – Area 39 • August 2023 Page 13
The analysis indicated in the past by the Nebraska State Auditor’s Office that all structure must
average 40 years of age, or more is not present. Nebraska Revised Statutes refer to age in the
following manner, “…the average age of the residential or commercial units in the area is at least
forty years;…” Within commercial land uses, one of the standards of measure includes square
footage; therefore, similar to the approach used for CRA Area 9 (Grand Island Mall), square
footage was examined as opposed to actual age. When adding up all of the square footages of
the existing structures acknowledged by the assessor’s office, the following is found:
There is a total of 149,033 square feet present in the study area
81,066 square feet are 40 years of age or older (54.39%) see Table 2
67,967 square feet are less than 40 years of age (45.61%) see Table 2
Therefore, the average unit (square feet) is more than 40 years of age at 49.21 years.
Substandard Summary
Nebraska State Statute requires that “…an area in which there is a predominance of buildings or
improvements, whether nonresidential or residential in character, which, by reason of dilapidation,
deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or
open spaces, high density of population and overcrowding, or the existence of conditions which
endanger life or property by fire and other causes, or any combination of such factors, is
conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime,
(which cannot be remedied through construction of prisons), and is detrimental to the public
health, safety, morals, or welfare;”
Study Area #39 meets the defintion of Substandard as defined in the Revised Nebraska State
Statutes.
FINDINGS FOR BLIGHT AND SUBSTANDARD STUDY AREA #39
Blight Study Area #39 has several items contributing to the Blight and Substandard Conditions.
These conditions include:
Blighted Conditions
The average age of the residential or commercial units in the area is at least forty years.
Deterioration of site or other improvements
Insanitary and Unsafe Conditions
Diversity of Ownership.
Factors Which Are Impairing And/or Arresting Sound Growth
Dangerous conditions to life or property due to fire or other causes.
Substandard Conditions
Average age of the structures in the area is at least 40 years.
Page 147 of 225
Resolution Number 2024-01
HALL COUNTY REGIONAL PLANNING COMMISSION
A RESOLUTION RECOMMENDING APPROVAL OF A BLIGHT AND SUBSTANDARD
STUDY BY THE CITY OF GRAND ISLAND, NEBRASKA; AND APPROVAL OF
RELATED ACTIONS
WHEREAS, the Grand Island City Council at its September 11, 2022 meeting, referred the Blight and
Substandard Study commissioned by Chief Industries to the Hall County Regional Planning Commission, (the
“Commission”) for review and recommendation as to its conformity with the general plan for the development of the
City of Grand Island, Hall County, Nebraska, pursuant to the Nebraska Community Development Law, Chapter 18,
Article 21, Reissue Revised Statutes of Nebraska, as amended (the “Act”); and
WHEREAS, the Commission has reviewed said Blight and Substandard Study and confirmed the
following findings:
•This property as presented in the study meets the requirements to be declared substandard,
•This property as presented in the study meets the requirements to be declared blighted,
•The factors are necessary to declare the property blighted and substandard are sufficiently distributed
to impact development across the entire site,
•That development of this property to its full potential is in the best interest of the City of Grand Island
and the entire region,
•That there are projects ready to develop at this site if they can meet the financial goals of the
developers,
NOW, THEREFORE, BE IT RESOLVED BY THE HALL COUNTY REGIONAL PLANNING
COMMISSION AS FOLLOWS:
Section 1. The Commission hereby recommends approval of the Blight and Substandard Study.
Section 2. All prior resolutions of the Commission in conflict with the terms and provisions of this
resolution are hereby expressly repealed to the extent of such conflicts.
Section 3. This resolution shall be in full force and effect from and after its passage as provided by law.
DATED: October 11, 2023.
HALL COUNTY REGIONAL PLANNING
COMMISSION
ATTEST: By: ___________________________________
Chair
By: ___________________________________
Secretary
Page 148 of 225
AGENDA MEMO
To: Hall County Regional Planning Commission
Agenda: Hall County Regional Planning Commission October 11, 2023
Date: October 11, 2023
Item #: 4.d.
Subject: Redevelopment Plan – Prataria Ventures, LLC – Redevelopment Plan
Amendment CRA Area 7- Proposed Lot 9 of Industrial Foundation Second Subdivision
in the City of Grand Island, Nebraska located south of Schimmer Drive and west of
Blaine Street in Grand Island – (C-03-24GI)
Staff Contact: Chad Nabity
BACKGROUND: Prataria Ventures LLC is proposing the development of a 136,500
square foot commercial warehouse building to be used as a distribution center for a
national company.
RECOMMENDATION: The purpose of the CRA and the designated blight and
substandard area is to provide incentives for development in underdeveloped areas of
the community. This area has already been declared blighted and substandard the
Grand Island City Council.
This project is consistent with the current zoning and the future land use plan for
this area within the City of Grand Island. This development will provide for more
Commercial-Industrial Warehouse space.
The Regional Planning Commission recommendation is limited to the appropriateness
of the proposed use at this location. The Grand Island Comprehensive Plan calls for
the development of commercial spaces at this location.
The Planning Commission is required to comment on these applications to confirm that
expenditure of public funds through TIF is not supporting uses that would be
inconsistent with the comprehensive plan. The proposed use for commercial
development at this location appears to be supported by the plan.
SAMPLE MOTION: Move to approve as recommended.
ATTACHMENTS:
Page 149 of 225
1. Redevelopment Plan Amendment Area 7 Island Warehouse
2. Island Warehouse TIF Application Complete
3. CRA RES 450
4. Resolution 2023-02 Island Warehouse
Page 150 of 225
Redevelopment Plan Amendment
Grand Island CRA Area 7
August 2023
The Community Redevelopment Authority (CRA) of the City of Grand Island
intends to amend the Redevelopment Plan for Area 7 within the city, pursuant to
the Nebraska Community Development Law (the “Act”) and provide for the
financing of a specific commercial project in Area 7.
Executive Summary:
Project Description
THE REDEVELOPMENT OF APPROXIMATELY 10 ACRES LOCATED IN THE NE
¼ OF THE NE ¼ OF SECTION 5, TOWNSHIP 10 NORTH, RANGE 9 WEST OF THE
6TH P.M. TO BE PLATTED AS PART OF INDUSTRIAL FOUNDATION SECOND
SUBDIVISION LOCATED EAST OF BLAINE STREET AND SOUTH OF
SCHIMMER DRIVE IN GRAND ISLAND FOR A COMMERCIAL/WAREHOUSING
PURPOSES.
The use of Tax Increment Financing to aid in redevelopment expenses associated with
acquisition, site work and planning for the development of a 136,500 square foot
commercial warehouse building to be used as a distribution center for a national
company. The use of Tax Increment Financing is an integral part of the development plan
and necessary to make this project affordable.
Prataria Ventures LLC has an option to purchase this property with the intent to develop
it for the stated purpose. This project is in CRA Area 7. The developer is responsible for
and has provided evidence that they can secure adequate debt financing to cover the costs
associated with this project. The Grand Island Community Redevelopment Authority
(CRA) intends to pledge the ad valorem taxes generated over a 15 year period beginning
January 1, 2025 or 2026, depending on time needed for construction, towards the
allowable costs and associated financing for the development of this property.
TAX INCREMENT FINANCING TO PAY FOR THE DEVELOPMENT OF THE
PROPERTY WILL COME FROM THE FOLLOWING REAL PROPERTY:
Property Description (the “Redevelopment Project Area”)
Legal Descriptions: An approximate 10 acre lot to be platted as part of Industrial
Foundation Second Subdivision. The lot will be in the NE ¼ of the NE ¼ of 5-10-9 in
Grand Island, Nebraska
Page 151 of 225
Existing Land Use and Subject Property
Page 152 of 225
The tax increment will be captured for the tax years the payments for which become
delinquent in years 2025 or 26 through 2039 or 40 inclusive.
The real property ad valorem taxes on the current valuation will continue to be paid
to the normal taxing entities. The increase will come from development of the
property for commercial uses as previously described.
Statutory Pledge of Taxes.
In accordance with Section 18-2147 of the Act and the terms of the Resolution
providing for the issuance of the TIF Note, the Authority hereby provides that any ad
valorem tax on the Redevelopment Project Area for the benefit of any public body be
divided for a period of fifteen years after the effective date of this provision as set forth in
the Redevelopment Contract or any amendment to the redevelopment contract, consistent
with this Redevelopment Plan. Said taxes shall be divided as follows:
a. That portion of the ad valorem tax which is produced by levy at the rate
fixed each year by or for each public body upon the redevelopment project valuation shall
be paid into the funds, of each such public body in the same proportion as all other taxes
collected by or for the bodies; and
b. That portion of the ad valorem tax on real property in the
redevelopment project in excess of such amount, if any, shall be allocated to and, when
collected, paid into a special fund of the Authority to pay the principal of; the interest on,
and any premiums due in connection with the bonds, loans, notes, or advances on money
to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, such
Authority for financing or refinancing, in whole or in part, a redevelopment project.
When such bonds, loans, notes, advances of money, or indebtedness including interest
and premium due have been paid, the Authority shall so notify the County Assessor and
County Treasurer and all ad valorem taxes upon real property in such redevelopment
project shall be paid into the funds of the respective public bodies.
Pursuant to Section 18-2150 of the Act, the ad valorem tax so divided is hereby pledged
to the repayment of loans or advances of money, or the incurring of any indebtedness,
whether funded, refunded, assumed, or otherwise, by the CRA to finance or refinance, in
whole or in part, the redevelopment project, including the payment of the principal of,
premium, if any, and interest on such bonds, loans, notes, advances, or indebtedness.
Redevelopment Plan Amendment Complies with the Act:
The Community Development Law requires that a Redevelopment Plan and Project
consider and comply with a number of requirements. This Plan Amendment meets the
statutory qualifications as set forth below.
1. The Redevelopment Project Area has been declared blighted and substandard by
action of the Grand Island City Council on August 28, 2007.[§18-2109] Such
Page 153 of 225
declaration was made after a public hearing with full compliance with the public
notice requirements of §18-2115 of the Act.
2. Conformation to the General Plan for the Municipality as a whole. [§18-2103 (13)
(a) and §18-2110]
Grand Island adopted a Comprehensive Plan on July 13, 2004. This redevelopment plan
amendment and project are consistent with the Comprehensive Plan, in that no changes in
the Comprehensive Plan elements are intended. This plan merely provides funding for
the developer redevelop the property for permitted uses on this property as defined by the
current and effective zoning regulations. The Hall County Regional Planning
Commission held a public hearing at their meeting on October 11, 2023 and passed
Resolution 2024-01 confirming that this project is consistent with the Comprehensive
Plan for the City of Grand Island.
3. The Redevelopment Plan must be sufficiently complete to address the following
items: [§18-2103(13) (b)]
a. Land Acquisition:
This Redevelopment Plan for Area 7 provides for real property acquisition and this plan
amendment does not prohibit such acquisition. There is no proposed acquisition by the
authority.
b. Demolition and Removal of Structures:
The project to be implemented with this plan does not provide for the demolition and
removal any structures on this property.
c. Future Land Use Plan
See the attached map from the 2004 Grand Island Comprehensive Plan. All of the area
around the site in private ownership is planned for commercial development. This
property is in private ownership. [§18-2103(b) and §18-2111] The attached map also is
an accurate site plan of the area after redevelopment. [§18-2111(5)]
Page 154 of 225
City of Grand Island Future Land Use Map
Page 155 of 225
d. Changes to zoning, street layouts and grades or building codes or ordinances or
other Planning changes.
The area is zoned M2 Heavy Manufacturing. The future land use map calls for
industrial/manufacturing uses at this location. It is anticipated that sewer, water, streets
and storm sewer will all need to be added as planned with the preliminary plat for this
property. No changes are anticipated in building codes or other ordinances. No other
planning changes contemplated. [§18-2103(b) and §18-2111]
Current Zoning on the Site
e. Site Coverage and Intensity of Use
The M2 zoning district allows for a wide variety of manufacturing and commercial uses
including warehousing like the one proposed. The minimum lot size in the M2 zone is
6000 square feet and the maximum ground coverage is 65%. [§18-2103(b) and §18-
2111]
f. Additional Public Facilities or Utilities
Sanitary sewer and water are available to support this development and will likely need to
be extended. TIF revenues will be used to offset the cost of these public utility
improvements.
Electric utilities are sufficient for the proposed use of this property. Electric lines,
transformers, and conduit will need to be extended throughout the property.
Page 156 of 225
No other publicly owned utilities would be impacted by the development. §18-2103(b)
and §18-2111]
4. The Act requires a Redevelopment Plan provide for relocation of individuals and
families displaced as a result of plan implementation. This property is vacant and
has been vacant for more than 1 year; no relocation is contemplated or necessary.
[§18-2103.02]
5. No member of the Authority, nor any employee thereof holds any interest in any
property in this Redevelopment Project Area. [§18-2106] No members of the
authority or staff of the CRA have any interest in this property.
6. Section 18-2114 of the Act requires that the Authority consider:
a. Method and cost of acquisition and preparation for redevelopment and estimated
proceeds from disposal to redevelopers.
The purchase price of the property is $135,000 as an eligible expense. The estimated
costs of utilities extensions including electric, sewer and water is $2,056,012. Private
streets and drives at $654,024. Sitework and grading are estimated at $1,122,502.
Planning activities including engineering, architecture, legal fees and government fees are
estimated at $901,050. The total of the eligible expenses for this project is estimated by
the developer at $4,982,344.
No property will be transferred to redevelopers by the Authority. The developer will
provide and secure all necessary financing.
b. Statement of proposed method of financing the redevelopment project.
The developer will provide all necessary financing for the project. The Authority will
assist the project by granting the sum of $4,328,320 from the proceeds of the TIF. This
indebtedness will be repaid from the Tax Increment Revenues generated from the project.
TIF revenues shall be made available to repay the original debt and associated interest
after January 1, 2025 or 2026 through December 2039 or 2040.
c. Statement of feasible method of relocating displaced families.
No families will be displaced as a result of this plan.
7. Section 18-2113 of the Act requires:
Prior to recommending a redevelopment plan to the governing body for approval, an
authority shall consider whether the proposed land uses and building requirements in the
redevelopment project area are designed with the general purpose of accomplishing, in
conformance with the general plan, a coordinated, adjusted, and harmonious development
Page 157 of 225
of the city and its environs which will, in accordance with present and future needs,
promote health, safety, morals, order, convenience, prosperity, and the general welfare, as
well as efficiency and economy in the process of development, including, among other
things, adequate provision for traffic, vehicular parking, the promotion of safety from
fire, panic, and other dangers, adequate provision for light and air, the promotion of the
healthful and convenient distribution of population, the provision of adequate
transportation, water, sewerage, and other public utilities, schools, parks, recreational and
community facilities, and other public requirements, the promotion of sound design and
arrangement, the wise and efficient expenditure of public funds, and the prevention of the
recurrence of insanitary or unsafe dwelling accommodations or conditions of blight.
The Authority has considered these elements in proposing this Plan. This amendment, in
and of itself will promote consistency with the Comprehensive Plan. This will have the
intended result of preventing recurring elements of unsafe buildings and blighting
conditions. This will accomplish the goal of providing for the development and new
employment opportunities at the Platte Valley Industrial Park.
8. Time Frame for Development
Development of this project is anticipated to begin in the 2024 calendar year. The
commercial build out will occur before the end of 2025. Excess valuation should be
available 15 years beginning with the 2025 or 2026 tax year.
9. Justification of Project
The Platte Valley Industrial Park has been identified as a premier location of
transportation related industries including warehousing. The access to major highways
including I-80 and 281 and the ability to access these sites from the highway system is a
major asset. The industrial park also provides for the possibility of bringing freight and
materials in by rail.
10. Cost Benefit Analysis Section 18-2113 of the Act, further requires the Authority
conduct a cost benefit analysis of the plan amendment in the event that Tax Increment
Financing will be used. This analysis must address specific statutory issues.
As authorized in the Nebraska Community Development Law, §18-2147, Neb. Rev. Stat.
(2019), the City of Grand Island has analyzed the costs and benefits of the proposed
Redevelopment Project, including:
Project Sources and Uses. Approximately $4,328,320 in public funds from tax
increment financing provided by the Grand Island Community Redevelopment Authority
will be required to complete the project. This investment by the Authority will leverage
$18,294,024 in private sector financing and investment; a private investment of $4.23 for
every TIF dollar invested.
Use of Funds Source of funds
Page 158 of 225
Description TIF Funds Private Funds Total
Acquisition $135,000 $135,000
Building Costs $16,500,000 $16,500,000
Utilities $2,056,012 $2,056,012
Public Streets $100,000 $100,000
Private Streets $13,756 $654,024 $667,780
Grading/Dirtwork $1,122,502 $1,122,502
Planning (Arch. & Eng.)$846,050 $846,050
Financing $40,000 $40,000
Other (Const. Interest) $700,000 $700,000
Legal/ TIF contract $55,000 $55,000
Contingency $400,000 $400,000
Total $4,328,320 $18,294,024 $22,622,344
Tax Revenue. The property to be redeveloped is anticipated to have a January 1, 2023
valuation of approximately $40,000. Based on the 2022 levy this would result in a real
property tax of approximately $846. It is anticipated that the assessed value will increase
by $22,460,000 upon full completion, as a result of the site redevelopment. This
development will result in an estimated tax increase of over $475,000 annually. The tax
increment gained from this Redevelopment Project Area would not be available for use
as city general tax revenues, for the period of the bonds, but would be used for eligible
private redevelopment costs to enable this project to be realized.
Page 159 of 225
Estimated 2023 assessed value: $ 40,000
Estimated value after completion $ 22,500,000
Increment value $ 22,460,000
Annual TIF generated (estimated) $ 475,303
TIF bond issue $ 4,328,320
(a) Tax shifts resulting from the approval of the use of Tax Increment Financing;
The redevelopment project area currently has an estimated valuation of $40,000. The
proposed redevelopment will create additional valuation of $22,460,000. The project
creates additional valuation that will support taxing entities long after the project is paid
off. The tax shift from this project will be equal to the total of the bond principal of
$4,328,320 if fully funded and any associated interest on the bond to be assigned with
contract approval.
(b) Public infrastructure and community public service needs impacts and local tax
impacts arising from the approval of the redevelopment project;
Existing water and waste water facilities will not be negatively impacted by this
development. The electric utility has sufficient capacity to support the development.
This is infill development with services connecting to existing line with capacity. This
development will not result additional students for Grand Island Public Schools. Fire and
police protection are available and should not be negatively impacted by this
development though there will be some increased need for officers and fire fighters as the
City continues to grow whether from this project or others.
(c) Impacts on employers and employees of firms locating or expanding within the
boundaries of the area of the redevelopment project;
This development will have minimal impact to other firms in the area and would be
compatible with the proposed uses for this site.
(d) Impacts on other employers and employees within the city or village and the
immediate area that are located outside of the boundaries of the area of the
redevelopment project; and
This project will not have a negative impact on other employers different from any
other expanding business within the Grand Island area. Grand Island does have tight
labor market and part of that is due to the availability and cost of housing.
(e) Impacts on student populations of school districts within the City or Village:
This development is not expected to have any direct impact on student populations as
it does not involve residential uses.
Page 160 of 225
(f) Any other impacts determined by the authority to be relevant to the
consideration of costs and benefits arising from the redevelopment project.
This would be a significant investment in Platte Valley Industrial Park east. The city
of Grand Island and the Grand Island Area Economic Development Corporation began
developing Platte Valley Industrial Park in the late 1970’s.
Time Frame for Development
Development of this project is anticipated to be completed in Spring of 2025. The base
tax year should be calculated on the value of the property as of January 1, 2024 or 2025.
Excess valuation should be available for this project beginning in 2025 or 2026 with
taxes due in 2026 or 2027. Excess valuation will be used to pay the TIF Indebtedness
issued by the CRA per the contract between the CRA and the developer for a period not
to exceed 15 years or a bond amount of $4,328,320 and interest on the bond. Based on
the estimates of the expenses of the rehabilitation the developer will spend at least
$4,982,344 on TIF eligible activities.
Page 161 of 225
Form Updated 7-25-2019cn Page | 1
BACKGROUND INFORMATION RELATIVE TO
TAX INCREMENT FINANCING REQUEST
Project Redeveloper Information Business Name:
______________________________________________________________
Address:
_______________________________________________________________
Telephone No.: __________________________ Fax No.: _______________
Email: _________________________________________________________
Contact:
_______________________________________________________________
Application Submission Date:
Brief Description of Applicant’s Business:__
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________
Legal Description/Address of Proposed Project
Community Redevelopment Area Number ________
Page 162 of 225
Form Updated 7-25-2019cn Page | 2
Present Ownership Proposed Project Site:
________________________________________________________________
_____________________________________
Is purchase of the site contingent on Tax Increment Financing Approval? Yes No
Proposed Project: Building square footage, size of property, description of buildings –
materials, etc. Please attach site plan, if available.
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________
If Property is to be Subdivided, Show Division Planned:
VI. Estimated Project Costs:
Acquisition Costs:
A. Land $ ______________
B. Building $ ______________
Construction Costs:
A. Renovation or Building Costs: $ ______________
B. On-Site Improvements:
Sewer $ ______________
Water $ ______________
Electric $ ______________
Gas $ ______________
Public Streets/Sidewalks $ ______________
Page 163 of 225
Form Updated 7-25-2019cn Page | 3
Private Streets $ ______________
Trails $ ______________
Grading/Dirtwork/Fill $ ______________
Demolition $ ______________
Other $ ______________
Total $ ______________
Soft Costs:
A. Architectural & Engineering Fees: $ ______________
B. Financing Fees: $ ______________
C. Legal $ ______________
D. Developer Fees: $ ______________
E. Audit Fees $ ______________
F. Contingency Reserves: $ ______________
G. Other (Please Specify) $ ______________
TOTAL $ ______________
Total Estimated Market Value at Completion: $ Source for Estimated Market Value________________________________________
Source of Financing:
A. Developer Equity: $ ______________
B. Commercial Bank Loan: $ ______________
C. Tax Credits:
1. N.I.F.A. $ ______________
2. Historic Tax Credits $ ______________
3. New Market Tax Credits $ ______________
4. Opportunity Zone $ ______________
D. Industrial Revenue Bonds: $ ______________
E. Tax Increment Assistance: $ ______________
F. Enhanced Employment Area $ ______________
Page 164 of 225
Form Updated 7-25-2019cn Page | 4
G. Nebraska Housing Trust Fund $ ______________
H. Other $ ______________
Name, Address, Phone & Fax Numbers of Architect, Engineer and General Contractor:
_______________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
____________________________________________________________
Estimated Real Estate Taxes on Project Site Upon Completion of Project:
(Please Show Calculations)
________________________________________________________________
________________________________________________________________
________________________________________________________________
____________________________________________________________
Project Construction Schedule:
Construction Start Date:
_________________________________________________
Construction Completion Date:
___________________________________________
If Phased Project:
_______________________ Year ______________________ % Complete
_______________________ Year ______________________ % Complete
_______________________ Year ______________________ % Complete
_______________________ Year ______________________ % Complete
_______________________ Year ______________________ % Complete
_______________________ Year ______________________ % Complete
Page 165 of 225
Form Updated 7-25-2019cn Page | 5
XII. Please Attach Construction Pro Forma
XIII. Please Attach Annual Income & Expense Pro Forma
(With Appropriate Schedules)
TAX INCREMENT FINANCING REQUEST INFORMATION
Describe Amount and Purpose for Which Tax Increment Financing is Requested:
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
______________________________________________________________
Statement Identifying Financial Gap and Necessity for use of Tax Increment Financing
for Proposed Project: ______________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________
Page 166 of 225
Form Updated 7-25-2019cn Page | 6
Municipal and Corporate References (if applicable). Please identify all other
Municipalities, and other Corporations the Applicant has been involved with, or has
completed developments in, within the last five (5) years, providing contact person,
telephone and fax numbers for each:
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
____________________________________
Post Office Box 1968
Grand Island, Nebraska 68802-1968
Phone: 308 385-5240
Fax: 308 385-5423
Email: cnabity@grand-island.com
Page 167 of 225
UP
DRAINAGE EASEMENT65' - 0"343' - 10 1/2"50' - 0" EASEMENTEASEMENTS
75' - 0"
819.54'
837.97'667.58'668.58'FIRE ACCESS DRIVE FIRE ACCESS DRIVE FIRE ACCESS DRIVE
WATER LINE
FIRE HYDRANTS
SANITARY SEWER
WATER LINE
FIRE HYDRANTS
LIFT STATION
SANITARY SEWER
TRASH COMPACTOR565' - 0"298' - 0" FUTURE ADDITION 364' - 0"100'-0" +/-
457.15'
457.53'668.00'11.58 ACRES
8.14 ACRES
TRANSFORMER
60' - 0"®CONSTRUCTION COMPANYhttp://www.chiefconstruction.usKEARNEY, NE (308) 238-2755GRAND ISLAND, NE (308) 389-7222SHEET NO:PROJECT NAME:SCALE:
PROJECT NO:
DATE:
DRAWN BY:DESIGN/BUILD - GENERAL CONTRACTORSNOT FOR CONSTRUCTIONThese plans are the property of
CHIEF CONSTRUCTION.
They are not to be reproduced
or distributied in any manner
without the written consent of
CHIEF CONSTRUCTION.
CONFIDENTIAL
1" = 40'-0"
C-1.0INDUSTRIAL PARK WAREHOUSEGRAND ISLAND, NECOREY
6-26-23
Project Number SITE PLAN1" = 40'-0"
SITE PLAN
No. Description Date
Page 168 of 225
UP
OPNESECLOZONE 1ZONE 228' - 0"28' - 0"28' - 0"28' - 0"28' - 0"28' - 0"28' - 0"28' - 0"28' - 0"28' - 0"28' - 0"28' - 0"28' - 0"29' - 0"28' - 10"28' - 10"28' - 10"28' - 10"28' - 10"28' - 10"28' - 10"28' - 10"28' - 10"28' - 10"28' - 10"28' - 10"30' - 0"305' - 3"28' - 9"
9'-0' x 9'-0" VERTICAL LIFT DOCK DOORS
WITH DOCK LEVELERS, DOCK SEALS, DOCK LOCKS
AND DOCK BUMPERS (TYP OF 10)
FORKLIFT CHARGING
STATION
PALLET BREAK DOWN
AND BUILD AREA
28' - 0"28' - 0"28' - 0"28' - 0"28' - 0"28' - 0"28' - 0"28' - 0"28' - 0"28' - 0"28' - 0"28' - 0"28' - 0"29' - 0"28' - 10"28' - 10"28' - 10"28' - 10"28' - 10"28' - 10"28' - 10"28' - 10"28' - 10"28' - 10"28' - 10"28' - 10"28' - 0"56' - 0" TYP 56' - 0" TYP 56' - 0" TYP 56' - 0" TYP 56' - 0" TYP 53' - 10" TYP 2' - 2"
16' x 16' VERTICAL LIFT
OHD WITH OPERATOR6' - 5"16' - 0"6' - 5"16' x 16' VERTICAL LIFT
OHD WITH OPERATOR
375' - 0" BUILDING LINE TO BUILDING LINE375' - 0" BUILDING LINE TO BUILDING LINE364' - 0" BUILDING LINE TO BUILDING LINE
A-1.1
1
FULL HEIGHT LINER PANEL
ABOVE PRECAST PANELS
TYPICAL ALL WALLS
73' - 2"72' - 6"72' - 6"72' - 6"84' - 4"FULL FRAME EXPANDABLE
ENDWALL
3' - 0"
9' - 0"
4' - 0"
9' - 0"
3' - 0"3' - 0"
9' - 0"
4' - 0"
9' - 0"
3' - 0"3' - 0"
9' - 0"
4' - 0"
9' - 0"
3' - 0"3' - 0"
9' - 0"
4' - 0"
9' - 0"
3' - 0"3' - 0"
9' - 0"
4' - 0"
9' - 0"
3' - 0"
9' - 0"16' - 0"
3' - 0"
TRANSFORMER
3' - 0"
9' - 0"
4' - 0"
9' - 0"
3' - 0"
3' - 0"
9' - 0"
4' - 0"
9' - 0"
3' - 0"®CONSTRUCTION COMPANYhttp://www.chiefconstruction.usKEARNEY, NE (308) 238-2755GRAND ISLAND, NE (308) 389-7222SHEET NO:PROJECT NAME:SCALE:
PROJECT NO:
DATE:
DRAWN BY:DESIGN/BUILD - GENERAL CONTRACTORSNOT FOR CONSTRUCTIONThese plans are the property of
CHIEF CONSTRUCTION.
They are not to be reproduced
or distributied in any manner
without the written consent of
CHIEF CONSTRUCTION.
CONFIDENTIAL
1" = 20'-0"
A-1.0INDUSTRIAL PARK WAREHOUSEGRAND ISLAND, NECOREY
6-26-23
Project Number FLOOR PLANARCHITECTURAL GENERAL NOTES
1 NOTES APPLY TO ALL SHEETS
2 ALL INTERIOR DIMENSIONS ARE FROM FACE OF STUD,
COLUMN LINES, MASONRY
3 ALL CONTRACTORS SHALL VERIFY ALL DIMENSIONS AND
JOB SITE CONDITIONS. ANY DISCREPANCY SHALL BE
BROUGHT TO THE ATTENTION OF THE ARCHITECT BEFORE
PROCEEDING WITH THE WORK.
4 THE PLUMBING AND MECHANICAL CONTRACTORS SHALL
NOTIFY THE GENERAL CONTRACTOR OF ANY EQUIPMENT
LOCATIONS THAT MAY REQUIRE THICKENING OF WALLS
OTHER THAN THOSE SHOWN ON PLANS.
5 ALL TRADES SHALL COORDINATE WITH THE GENERAL
CONTRACTOR THE SIZES AND LOCATIONS OF ALL ACCESS
DOORS REQUIRED FOR THEIR WORK. THE RESPECTIVE
TRADE SHALL SUPPLY THE DOORS TO THE GENERAL
CONTRACTOR FOR INSTALLATION.
6 ALL INTERIOR STUD PARTITIONS ARE 3 5/8” METAL STUDS AT
16” o.c. UNLESS NOTED OTHERWISE.
7 THE GENERAL CONTRACTOR SHALL FURNISH AND INSTALL
ALL WOOD BLOCKING IN WALLS WHERE SURFACE MOUNTED
DEVICES ARE LOCATED. FIELD VERIFY MOUNTING HEIGHTS
AND LOCATIONS FOR ALL DEVICES. ADA DEVICES SHALL
COMPLY WITH ADA ACCESSIBILITY REQUIREMENTS.
8 ALL FIRE EXTINGUISHERS WITH BRACKETS (FE-2) TO BE
MOUNTED WITH TOP OF FIRE EXTINGUISHER AT 48 INCHES
A.F.F., REFERENCE PLANS FOR LOCATIONS.
No. Description Date
1" = 20'-0"1 FLOOR PLAN
Page 169 of 225
®CONSTRUCTION COMPANYhttp://www.chiefconstruction.usKEARNEY, NE (308) 238-2755GRAND ISLAND, NE (308) 389-7222SHEET NO:PROJECT NAME:SCALE:
PROJECT NO:
DATE:
DRAWN BY:DESIGN/BUILD - GENERAL CONTRACTORSNOT FOR CONSTRUCTIONThese plans are the property of
CHIEF CONSTRUCTION.
They are not to be reproduced
or distributied in any manner
without the written consent of
CHIEF CONSTRUCTION.
CONFIDENTIAL A-2.1INDUSTRIAL PARK WAREHOUSEGRAND ISLAND, NECOREY
6-26-23
Project Number BUILDING PERSPECTIVENo. Description Date
SOUTHEAST PERSPECTIVE
Page 170 of 225
Annual Estimated Assessed Caluation and Real Estate Tax Capture
Assessed value/taxes - base year (actual
Year Assessed Value (Base) Base Value General Fund
School #2
General
School #2 4th
Bond
School #2 5th
Bond
Grand Island
City
ESU #10
General
Cent. Comm
College
Cent Platte
NRD
Hall County
Ag Society
Airport Auth
General
Airport Auth
Bond CRA Total
0.37732200 1.080000 0.079826 0.076379 0.319454 0.014876 0.090272 0.023440 0.002520 0.009007 0.023420 0.019706 2.116222
1 37,683 37,683 142.19 406.98 30.08 28.78 120.38 5.61 34.02 8.83 0.95 3.39 8.83 7.43 797
2 37,683 37,683 142.19 406.98 30.08 28.78 120.38 5.61 34.02 8.83 0.95 3.39 8.83 7.43 797
3 37,683 37,683 142.19 406.98 30.08 28.78 120.38 5.61 34.02 8.83 0.95 3.39 8.83 7.43 797
4 37,683 37,683 142.19 406.98 30.08 28.78 120.38 5.61 34.02 8.83 0.95 3.39 8.83 7.43 797
5 37,683 37,683 142.19 406.98 30.08 28.78 120.38 5.61 34.02 8.83 0.95 3.39 8.83 7.43 797
6 37,683 37,683 142.19 406.98 30.08 28.78 120.38 5.61 34.02 8.83 0.95 3.39 8.83 7.43 797
7 37,683 37,683 142.19 406.98 30.08 28.78 120.38 5.61 34.02 8.83 0.95 3.39 8.83 7.43 797
8 37,683 37,683 142.19 406.98 30.08 28.78 120.38 5.61 34.02 8.83 0.95 3.39 8.83 7.43 797
9 37,683 37,683 142.19 406.98 30.08 28.78 120.38 5.61 34.02 8.83 0.95 3.39 8.83 7.43 797
10 37,683 37,683 142.19 406.98 30.08 28.78 120.38 5.61 34.02 8.83 0.95 3.39 8.83 7.43 797
11 37,683 37,683 142.19 406.98 30.08 28.78 120.38 5.61 34.02 8.83 0.95 3.39 8.83 7.43 797
12 37,683 37,683 142.19 406.98 30.08 28.78 120.38 5.61 34.02 8.83 0.95 3.39 8.83 7.43 797
13 37,683 37,683 142.19 406.98 30.08 28.78 120.38 5.61 34.02 8.83 0.95 3.39 8.83 7.43 797
14 37,683 37,683 142.19 406.98 30.08 28.78 120.38 5.61 34.02 8.83 0.95 3.39 8.83 7.43 797
15 37,683 37,683 142.19 406.98 30.08 28.78 120.38 5.61 34.02 8.83 0.95 3.39 8.83 7.43 797
Total property taxes - base year 2,132.81 6,104.69 451.22 431.73 1,805.71 84.09 510.26 132.49 14.24 50.91 132.38 111.39 11,962
Assessed value/taxes - base year plus increment (Estimated)
Year Assessed Value (Base) Base Value General Fund
School #2
General
School #2 4th
Bond
School #2 5th
Bond
Grand Island
City
ESU #10
General
Cent. Comm
College
Cent Platte
NRD
Hall County
Ag Society
Airport Auth
General
Airport Auth
Bond CRA Total
TIF Percent 100%0.37732200 1.08000000 0.07982600 0.07637900 0.31945400 0.01487600 0.09027200 0.02344000 0.00252000 0.00900700 0.02342000 0.01970600 2.116222
Annual Valuation Increase 2.00%
1 19,999,569 19,999,569 75,462.77 215,995.34 15,964.86 15,275.47 63,889.42 2,975.14 18,054.01 4,687.90 503.99 1,801.36 4,683.90 3,941.12 423,235
2 20,399,560 20,399,560 76,972.03 220,315.25 16,284.15 15,580.98 65,167.21 3,034.64 18,415.09 4,781.66 514.07 1,837.39 4,777.58 4,019.94 431,700
3 20,807,551 20,807,551 78,511.47 224,721.56 16,609.84 15,892.60 66,470.56 3,095.33 18,783.39 4,877.29 524.35 1,874.14 4,873.13 4,100.34 440,334
4 21,223,703 21,223,703 80,081.70 229,215.99 16,942.03 16,210.45 67,799.97 3,157.24 19,159.06 4,974.84 534.84 1,911.62 4,970.59 4,182.34 449,141
5 21,648,177 21,648,177 81,683.33 233,800.31 17,280.87 16,534.66 69,155.97 3,220.38 19,542.24 5,074.33 545.53 1,949.85 5,070.00 4,265.99 458,123
6 22,081,140 22,081,140 83,317.00 238,476.31 17,626.49 16,865.35 70,539.09 3,284.79 19,933.09 5,175.82 556.44 1,988.85 5,171.40 4,351.31 467,286
7 22,522,763 22,522,763 84,983.34 243,245.84 17,979.02 17,202.66 71,949.87 3,350.49 20,331.75 5,279.34 567.57 2,028.63 5,274.83 4,438.34 476,632
8 22,973,218 22,973,218 86,683.01 248,110.76 18,338.60 17,546.71 73,388.86 3,417.50 20,738.38 5,384.92 578.93 2,069.20 5,380.33 4,527.10 486,164
9 23,432,683 23,432,683 88,416.67 253,072.97 18,705.37 17,897.65 74,856.64 3,485.85 21,153.15 5,492.62 590.50 2,110.58 5,487.93 4,617.64 495,888
10 23,901,336 23,901,336 90,185.00 258,134.43 19,079.48 18,255.60 76,353.77 3,555.56 21,576.21 5,602.47 602.31 2,152.79 5,597.69 4,710.00 505,805
11 24,379,363 24,379,363 91,988.70 263,297.12 19,461.07 18,620.71 77,880.85 3,626.67 22,007.74 5,714.52 614.36 2,195.85 5,709.65 4,804.20 515,921
12 24,866,950 24,866,950 93,828.47 268,563.06 19,850.29 18,993.13 79,438.47 3,699.21 22,447.89 5,828.81 626.65 2,239.77 5,823.84 4,900.28 526,240
13 25,364,289 25,364,289 95,705.04 273,934.32 20,247.30 19,372.99 81,027.24 3,773.19 22,896.85 5,945.39 639.18 2,284.56 5,940.32 4,998.29 536,765
14 25,871,575 25,871,575 97,619.14 279,413.01 20,652.24 19,760.45 82,647.78 3,848.66 23,354.79 6,064.30 651.96 2,330.25 6,059.12 5,098.25 547,500
15 26,389,006 26,389,006 99,571.53 285,001.27 21,065.29 20,155.66 84,300.74 3,925.63 23,821.88 6,185.58 665.00 2,376.86 6,180.31 5,200.22 558,450
Total property taxes - base year 1,305,009.20 3,735,297.54 276,086.91 264,165.08 1,104,866.43 51,450.27 312,215.54 81,069.79 8,715.69 31,151.69 81,000.62 68,155.35 7,319,184
Assessed value/taxes - increment only (Estimated)
Year Assessed Value (Base) Base Value General Fund
School #2
General
School #2 4th
Bond
School #2 5th
Bond
Grand Island
City
ESU #10
General
Cent. Comm
College
Cent Platte
NRD
Hall County
Ag Society
Airport Auth
General
Airport Auth
Bond CRA Total
TIF Percent 100%0.37732200 1.08000000 0.07982600 0.07637900 0.31945400 0.01487600 0.09027200 0.02344000 0.00252000 0.00900700 0.02342000 0.01970600 2.116222
PV
1 19,961,886 19,961,886 75,320.59 215,588.36 15,934.77 15,246.69 63,769.04 2,969.53 18,019.99 4,679.07 503.04 1,797.97 4,675.07 3,933.69 422,438 $394,801.70
2 20,361,877 20,361,877 76,829.84 219,908.27 16,254.07 15,552.20 65,046.83 3,029.03 18,381.07 4,772.82 513.12 1,833.99 4,768.75 4,012.51 430,903 $376,366.95
3 20,769,868 20,769,868 78,369.28 224,314.58 16,579.76 15,863.82 66,350.17 3,089.73 18,749.38 4,868.46 523.40 1,870.74 4,864.30 4,092.91 439,537 $358,792.73
4 21,186,019 21,186,019 79,939.51 228,809.01 16,911.95 16,181.67 67,679.59 3,151.63 19,125.04 4,966.00 533.89 1,908.22 4,961.77 4,174.92 448,343 $342,038.88
5 21,610,493 21,610,493 81,541.15 233,393.33 17,250.79 16,505.88 69,035.59 3,214.78 19,508.22 5,065.50 544.58 1,946.46 5,061.18 4,258.56 457,326 $326,067.13
6 22,043,457 22,043,457 83,174.81 238,069.33 17,596.41 16,836.57 70,418.70 3,279.18 19,899.07 5,166.99 555.50 1,985.45 5,162.58 4,343.88 466,488 $310,840.97
7 22,485,080 22,485,080 84,841.15 242,838.86 17,948.94 17,173.88 71,829.49 3,344.88 20,297.73 5,270.50 566.62 2,025.23 5,266.01 4,430.91 475,834 $296,325.63
8 22,935,535 22,935,535 86,540.82 247,703.78 18,308.52 17,517.93 73,268.48 3,411.89 20,704.37 5,376.09 577.98 2,065.80 5,371.50 4,519.68 485,367 $282,487.92
9 23,394,999 23,394,999 88,274.48 252,665.99 18,675.29 17,868.87 74,736.26 3,480.24 21,119.13 5,483.79 589.55 2,107.19 5,479.11 4,610.22 495,090 $269,296.22
10 23,863,653 23,863,653 90,042.81 257,727.45 19,049.40 18,226.82 76,233.39 3,549.96 21,542.20 5,593.64 601.36 2,149.40 5,588.87 4,702.57 505,008 $256,720.39
11 24,341,680 24,341,680 91,846.51 262,890.14 19,430.99 18,591.93 77,760.47 3,621.07 21,973.72 5,705.69 613.41 2,192.46 5,700.82 4,796.77 515,124 $244,731.69
12 24,829,267 24,829,267 93,686.29 268,156.08 19,820.21 18,964.35 79,318.09 3,693.60 22,413.88 5,819.98 625.70 2,236.37 5,815.01 4,892.86 525,442 $233,302.71
13 25,326,606 25,326,606 95,562.86 273,527.34 20,217.22 19,344.21 80,906.86 3,767.59 22,862.83 5,936.56 638.23 2,281.17 5,931.49 4,990.86 535,967 $222,407.34
14 25,833,892 25,833,892 97,476.96 279,006.03 20,622.16 19,731.67 82,527.40 3,843.05 23,320.77 6,055.46 651.01 2,326.86 6,050.30 5,090.83 546,702 $212,020.65
15 26,351,323 26,351,323 99,429.34 284,594.29 21,035.21 20,126.88 84,180.36 3,920.02 23,787.87 6,176.75 664.05 2,373.46 6,171.48 5,192.79 557,652 $202,118.93
Total property taxes - base year 1,302,876.39 3,729,192.85 275,635.69 263,733.35 1,103,060.72 51,366.18 311,705.28 80,937.30 8,701.45 31,100.78 80,868.24 68,043.96 7,307,222 4,328,319.84
Estimated Present Value 4,328,320$
Interest Rate 7.00%
Page 171 of 225
CONFIDENTIAL / DO NOT DISTRIBUTE
Project:136,500 Sq. Ft. Warehouse/Distribution
Tenant:Single Tenant
Prepared By:Dave O
Development Model - Warehouse Building
Development Budget
Warehouse 136,500
-
-
-
Total SF 136,500
Rentable Sq. Ft.
Warehouse 136,500
-
-
Cost
Construction Costs per sf lump sum
New Base Core and Shell Construction - 152.51$ 20,817,615$
Overhead Included -$ -$
Profit Included -$ -$ -$
Colbalt Drive Extension -$ -$ -$
Riekes Racking & Equipment N/A -$ -$ -$
TOTAL CONSTRUCTION COST 20,817,615$
Design Costs
Architectural / MEP / STRUCTURAL Design Included in Construction 0.00% -$
Civil and Landscape Design Includied in Construction -$
Site Costs : Included in Construction 0.00% -$
Soil Testing Included in Construction 0.00% -$
Owners Testing Included in Construction -$
ALTA, Land Division/CSM, Foundation, As-Built Survey 20,000$
Other 15,000$
TOTAL CONSTRUCTION AND DESIGN COSTS 35,000$
Other Development Costs
Title Insurance 1,250$
Legal 25,000$
Governmental Fees (Building Permits/ Permits/ Impact Fees/ Etc) -$
Gas/ Electric Hook Up Fees 5,000$
Builder's Risk & Other Insurance Included in Construction -$
TIF Costs City's cost 10,000$
TOTAL OTHER DEVELOPMENT COST 41,250$
Financing Costs
Construction / Permanent Loan Fee Loan Amount 15,706,000 0.25% 39,265$
Construction Interest (14 month build) Loan Percentage 125% Rate 7.25% 711,678$
Other- Review Fees/ Appraisal Fee 15,000$
TOTAL FINANCING COSTS 765,943$
Opportunity Costs Per Acre
Land Cost SF 435,600.00 0.31$ 135,036$
Taxes During Construction SF 2,500$
TOTAL LAND COSTS 137,536$
Reserves & Contingenies
Development Contingency (not including land) 2.00% 417,877$
TOTAL RESERVES /CONTINGENCIES 417,877$
TOTAL COST BEFORE DEV/CM FEES 22,215,221$
Commissions (25% of 4% = 1.00%) 222,152$ 1.00% 222,152$
Owners Rep Fees During Construction -$ 0.00% -$
TOTAL DEVELOPMENT COST 222,152$
TOTAL DEVELOPMENT COSTS BEFORE ECONOMIC INCENTIVES 22,437,374$
DO Island Warehouse Proforma 136500 Sq. Ft. 7-31-23 DO8/2/20233:06 PM
Page 172 of 225
Project:ISLAND WAREHOUSE AND DC 8/2/2023
Location: PVIPE, LLC.
Grand Island, NE
Scope: 136,500 Sq. Ft Warehouse/ DC
10 Acres
TIF Eligible Cost Breakdown
Site Development Construction Subcontractor Cost
Land
Land Approx. 10 Acres PVIPE 135,000$
Soft Costs -$
Legal Fees 55,000$
Permits -$
Title Insurance -$
Planning/Design /Engineering Services
Surveying Services Olsson -$
Topo Survey Olsson 5,600$
Final Plat Design and Submittals Olsson 2,500$
Rezoning Submittal Olsson 950$
Geotechnical Services Olsson
Drilling Olsson 4,900$
Geotechnical Services Olsson 9,300$
Enviromental Services Olsson
Enviromental Services Phase 1 Olsson 3,400$
On-Site Civil Design Services Olsson
Site Grading and Paving Design Olsson 29,900$
Site Utility Design Olsson 17,800$
Landscape Design Olsson 4,600$
Off-Site Civil Design Olsson
Colbalt Road Extension Olsson 22,900$
On-Site Construction Phase Olsson
Construction Admin Olsson 5,900$
Construction Staking Olsson 13,900$
On-Call Construction Testing Olsson 39,700$
Off-Site Constructon Phase Olsson
Construction Admin. Olsson 3,900$
Construction Staking Olsson 7,200$
Observation & Testing Olsson 17,000$
Project Closeout Olsson 2,600$
Planning & Consultants Chief Development 220,000$
Architectural Chief Construction. 350,000$
Structural Engineering Olsson 25,000$
MEP TBD 59,000$
Earthwork/Grading
Site Grading- Stripping / On Site TBD 750,000$
Site Grading- Crushed Concrete Exterior TBD 102,240$
Crushed Concrete Sub-Base Materials TBD 224,762$
Ring Road Crushed Asphalt TBD 45,500$
Exterior Improvements
Fencing Sub No Swett Fencing 40,180$
Parking Lot Striping County Line 800$
Paving Joint Sealers JA Specialties 16,800$
8" Concrete Pavement TBD 610,000$
Silt Fencing TBD
Façade Upgrade for Precast ($25 per sq. ft. x 20,692 sq. ft.)Chief Construction. 517,300$
Min. Colbalt Drive Extension to North Lot line TBD / 50% of the Cost 100,000$
Utilties
Water / Sewer / Storm / Lift Station TBD 2,056,012$
Electrical
Exterior Service and Pole Lighting TBD -$
Landscaping
Landscaping Allowance TBD 100,000$
Total Cost 5,599,644$
General Conditions 5.4%5.40%302,381$
General Liability/Builders Risk Insurance 0.420%24,789$
Sub-Total 5,926,813$
CM Fee 5.50%325,975$
TOTAL 6,252,788$
Page 173 of 225
Page 174 of 225
Resolution Number 2024-02
HALL COUNTY REGIONAL PLANNING COMMISSION
A RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO A
REDEVELOPMENT PLAN IN THE CITY OF GRAND ISLAND, NEBRASKA;
AND APPROVAL OF RELATED ACTIONS
WHEREAS, the Chairman and Board of the Community Redevelopment Authority of the City of
Grand Island, Nebraska (the “Authority”), referred the Redevelopment Plan for CRA Area 7
requested by Prataria Ventures, LLC to the Hall County Regional Planning Commission, (the
“Commission”) for review and recommendation as to its conformity with the general plan for the
development of the City of Grand Island, Hall County, Nebraska, pursuant to Section 18-2112 of the
Community Development Law, Chapter 18, Article 21, Reissue Revised Statutes of Nebraska, as
amended (the “Act”); and
WHEREAS, the Commission held a public hearing on the proposed plan on October 11, 2023, and
WHEREAS, the chair or president of Hall County Board, Grand Island School Board, Central
Platte Natural Resources District, Educational Service Unit #10 and Central Community College were
notified by certified mail of said hearing, and
WHEREAS, the Commission advertised the time, date and location public hearing in the Grand
Island Independent on Wednesday September 20th, 2023 and Wednesday September 27th, 2023, and
WHEREAS, there are no Neighborhood Associations registered with the City of Grand Island, and
WHEREAS, the Commission has reviewed said Redevelopment Plan as to its conformity with the
general plan for the development of the City of Grand Island, Hall County;
NOW, THEREFORE, BE IT RESOLVED BY THE HALL COUNTY REGIONAL
PLANNING COMMISSION AS FOLLOWS:
Section 1. The Commission hereby recommends approval of the Redevelopment Plan finding that
it is in conformance with the comprehensive development plan (general plan for development) for the
City of Grand Island.
Section 2. All prior resolutions of the Commission in conflict with the terms and provisions of this
resolution are hereby expressly repealed to the extent of such conflicts.
Section 3. This resolution shall be in full force and effect from and after its passage as provided by
law.
DATED: October 11, 2023
HALL COUNTY REGIONAL PLANNING
COMMISSION
ATTEST: By: ___________________________________
Chair
By: ___________________________________
Secretary
Page 175 of 225
AGENDA MEMO
To: Hall County Regional Planning Commission
Agenda: Hall County Regional Planning Commission October 11, 2023
Date: October 11, 2023
Item #: 4.e.
Subject: Redevelopment Plan – 3650 LLC– Redevelopment Plan Amendment CRA
Area 34- located at 3650 W. 13th Street in the City of Grand Island – (C-04-24GI)
Staff Contact: Chad Nabity
BACKGROUND: 3650, LLC is proposing to renovating the existing building on the
property described above for commercial purposes and the construction of Claude
Road.
RECOMMENDATION: The purpose of the CRA and the designated blight and
substandard area is to provide incentives for development in underdeveloped areas of
the community. This area has already been declared blighted and substandard the
Grand Island City Council.
This project is consistent with the current zoning and the future land use plan for
this area within the City of Grand Island. This development will provide for more
modernized commercial space.
The Regional Planning Commission recommendation is limited to the appropriateness
of the proposed use at this location. The Grand Island Comprehensive Plan calls for
the development of commercial spaces at this location.
The Planning Commission is required to comment on these applications to confirm that
expenditure of public funds through TIF is not supporting uses that would be
inconsistent with the comprehensive plan. The proposed use for commercial
development at this location appears to be supported by the plan.
RECOMMENDATION:
That the Regional Planning Commission recommends find that the redevelopment plan
Page 176 of 225
is consistent with the Comprehensive Plan (general plan for development) of the city of
Grand Island. A resolution is attached for your consideration.
SAMPLE MOTION: Move to approve as recommended.
ATTACHMENTS:
1. Redevelopment Plan Amendment Area 34 Alltel ARW Revisiosn 9.7.23
2. 3560 W 13th TIF Application
3. CRA RES 452
4. Resolution 2024-03 Alltel
Page 177 of 225
Redevelopment Plan
Grand Island CRA Area 34
September 2023
The Community Redevelopment Authority (CRA) of the City of Grand Island
intends to amend the Redevelopment Plan for Area 34 with in the city, pursuant to
the Nebraska Community Development Law (the “Act”) and provide for the
financing of a specific infrastructure related project in Area 34.
Executive Summary:
Project Description
THE REDEVELOPMENT THE ALLTEL BUILDING AT 3560 W. 13TH STREET FOR
COMMERICIAL PURPOSES.
The use of Tax Increment Financing to aid in renovation of the former Alltel building at
3560 W. 13th Street. The use of Tax Increment Financing is an integral part of the
development plan and necessary to make this project affordable. This property has sat
vacant for several years and was acquired by the 3650 LLC a subsidiary of the Starostka
Group in June of 2023.
3650 LLC has purchased this property for the purpose of renovating it for commercial
uses and returning it to productive use in the neighborhood. This project is in CRA Area
34. This redevelopment project includes two components. The first component supports
the private project. The second component will support the construction of Claude Road
between Faidley Avenue and State Street (the “Public Project”). The CRA will issue two
TIF Notes. Seventy five percent of the TIF Revenue will be allocated to the TIF Note
purchased by the Redeveloper. Twenty Five percent of the TIF Revenue will be
allocated to the TIF Note to support the Public Project, which shall be assigned by the
Redeveloper to the CRA. The CRA will enter into a contract with the City to install the
Public Project. The City will be reimbursed for the Public Project by assignment of the
TIF Note for the Public Project. Changes in the cost of construction, availability of
materials and the approval of several other housing projects using Tax Increment
Financing have led to this application for assistance with the project. The developer is
responsible for and has provided evidence that they can secure adequate debt financing to
cover the costs associated with the renovation. The Grand Island Community
Redevelopment Authority (CRA) intends to pledge the ad valorem taxes generated over a
15 year period beginning in January 1, 2025 towards the allowable costs and associated
financing for the development of this property.
TAX INCREMENT FINANCING TO PAY FOR THE DEVELOPMENT OF THE
PROPERTY WILL COME FROM THE FOLLOWING REAL PROPERTY:
Property Description (the “Redevelopment Project Area”)
Legal Descriptions: Lot 2, 281 Retail Subdivision (Parcel ID No. 400295547).
Page 178 of 225
Existing Land Use and Subject Property
Page 179 of 225
The tax increment will be captured for the tax years the payments for which become
delinquent in years 2025 through 2040 inclusive.
The real property ad valorem taxes on the current valuation will continue to be paid
to the normal taxing entities. The increase will come from development of the
property for residential and commercial uses as previously described.
Statutory Pledge of Taxes.
In accordance with Section 18-2147 of the Act and the terms of the Resolution
providing for the issuance of the TIF Note, the Authority hereby provides that any ad
valorem tax on the Redevelopment Project Area for the benefit of any public body be
divided for a period of fifteen years after the effective date of this provision as set forth in
the Redevelopment Contract or any amendment to the redevelopment contract, consistent
with this Redevelopment Plan. Said taxes shall be divided as follows:
a. That portion of the ad valorem tax which is produced by levy at the rate
fixed each year by or for each public body upon the redevelopment project valuation shall
be paid into the funds, of each such public body in the same proportion as all other taxes
collected by or for the bodies; and
b. That portion of the ad valorem tax on real property in the
redevelopment project in excess of such amount, if any, shall be allocated to and, when
collected, paid into a special fund of the Authority to pay the principal of; the interest on,
and any premiums due in connection with the bonds, loans, notes, or advances on money
to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, such
Authority for financing or refinancing, in whole or in part, a redevelopment project.
When such bonds, loans, notes, advances of money, or indebtedness including interest
and premium due have been paid, the Authority shall so notify the County Assessor and
County Treasurer and all ad valorem taxes upon real property in such redevelopment
project shall be paid into the funds of the respective public bodies.
Pursuant to Section 18-2150 of the Act, the ad valorem tax so divided is hereby pledged
to the repayment of loans or advances of money, or the incurring of any indebtedness,
whether funded, refunded, assumed, or otherwise, by the CRA to finance or refinance, in
whole or in part, the redevelopment project, including the payment of the principal of,
premium, if any, and interest on such bonds, loans, notes, advances, or indebtedness.
Redevelopment Plan Amendment Complies with the Act:
The Community Development Law requires that a Redevelopment Plan and Project
consider and comply with a number of requirements. This Plan Amendment meets the
statutory qualifications as set forth below.
1. The Redevelopment Project Area has been declared blighted and substandard by
action of the Grand Island City Council on September 28, 2021.[§18-2109] Such
Page 180 of 225
declaration was made after a public hearing with full compliance with the public
notice requirements of §18-2115 of the Act.
2. Conformation to the General Plan for the Municipality as a whole. [§18-2103 (13)
(a) and §18-2110]
Grand Island adopted a Comprehensive Plan on July 13, 2004. This redevelopment plan
amendment and project are consistent with the Comprehensive Plan, in that no changes in
the Comprehensive Plan elements are intended. This plan merely provides funding for
the developer to rehabilitate the property for permitted uses on this property as defined by
the current and effective zoning regulations. The Hall County Regional Planning
Commission held a public hearing at their meeting on October 4, 2023 and passed
Resolution 2024-?? confirming that this project is consistent with the Comprehensive
Plan for the City of Grand Island.
3. The Redevelopment Plan must be sufficiently complete to address the following
items: [§18-2103(13) (b)]
a. Land Acquisition:
This Redevelopment Plan for Area 34 provides for real property acquisition and this plan
amendment does not prohibit such acquisition. There is no proposed acquisition by the
authority.
b. Demolition and Removal of Structures:
The project to be implemented with this plan does not provide for the demolition and
removal any structures on this property.
c. Future Land Use Plan
See the attached map from the 2004 Grand Island Comprehensive Plan. All of the area
around the site in private ownership is planned for low to medium density residential
development. This property is in private ownership. [§18-2103(b) and §18-2111] The
attached map also is an accurate site plan of the area after redevelopment. [§18-2111(5)]
Page 181 of 225
City of Grand Island Future Land Use Map
Page 182 of 225
d. Changes to zoning, street layouts and grades or building codes or ordinances or
other Planning changes.
The area is zoned B2 General Business Zone. The future land use map calls for highway
commercial development across this entire site. It is anticipated that the City will
construct Claude Road across the southwest corner of this property and along the western
edge. TIF revenues from this project will offset a portion of the costs of those
improvements. No changes are anticipated in building codes or other ordinances. No
other planning changes contemplated. [§18-2103(b) and §18-2111]
Current Zoning on the Site
e. Site Coverage and Intensity of Use
The B2 zoning district allows for a variety of commercial, warehousing, non-profit and
residential uses. The B2 district allows a maximum ground coverage of 100%. [§18-
2103(b) and §18-2111]
f. Additional Public Facilities or Utilities
Sanitary sewer and water are available to support this development.
Page 183 of 225
Electric utilities are sufficient for the proposed use of this property. Electric lines,
transformers, and conduit will need to be extended throughout the property.
No other publicly owned utilities would be impacted by the development. §18-2103(b)
and §18-2111]
4. The Act requires a Redevelopment Plan provide for relocation of individuals and
families displaced as a result of plan implementation. This property is vacant and
has been vacant for more than 1 year; no relocation is contemplated or necessary.
[§18-2103.02]
5. No member of the Authority, nor any employee thereof holds any interest in any
property in this Redevelopment Project Area. [§18-2106] No members of the
authority or staff of the CRA have any interest in this property.
6. Section 18-2114 of the Act requires that the Authority consider:
a. Method and cost of acquisition and preparation for redevelopment and estimated
proceeds from disposal to redevelopers.
The purchase price of the property is $764,850 as an eligible expense. The estimated
costs of utilities including improvements for sewer, gas and electric is $260,360. Streets
and drainage are estimated at $210,000. Demolition and rehabilitation activities of are
expected to cost 1,963,790. Planning activities including engineering, architecture, legal
fees and government fees are estimated at $37,000. The total of the eligible expenses for
this project is estimated by the developer at $3,300,000.
No property will be transferred to redevelopers by the Authority. The developer will
provide and secure all necessary financing.
b. Statement of proposed method of financing the redevelopment project.
The developer will provide all necessary financing for the project. The Authority will
assist the project by granting the sum of $890,850 from the proceeds of the TIF. The
project will include the project as describe in this plan and costs associated with building
Claude Road between this property and State Street. The revenues shall be split with
75% dedicated to the residential subdivision project paid to the developer and 25%
dedicated to Claude Road and paid to the city for those expenses. This indebtedness will
be repaid from the Tax Increment Revenues generated from the project. TIF revenues
shall be made available to repay the original debt and associated interest after January 1,
2025 through December 2040.
c. Statement of feasible method of relocating displaced families.
No families will be displaced as a result of this plan.
Page 184 of 225
7. Section 18-2113 of the Act requires:
Prior to recommending a redevelopment plan to the governing body for approval, an
authority shall consider whether the proposed land uses and building requirements in the
redevelopment project area are designed with the general purpose of accomplishing, in
conformance with the general plan, a coordinated, adjusted, and harmonious development
of the city and its environs which will, in accordance with present and future needs,
promote health, safety, morals, order, convenience, prosperity, and the general welfare, as
well as efficiency and economy in the process of development, including, among other
things, adequate provision for traffic, vehicular parking, the promotion of safety from
fire, panic, and other dangers, adequate provision for light and air, the promotion of the
healthful and convenient distribution of population, the provision of adequate
transportation, water, sewerage, and other public utilities, schools, parks, recreational and
community facilities, and other public requirements, the promotion of sound design and
arrangement, the wise and efficient expenditure of public funds, and the prevention of the
recurrence of insanitary or unsafe dwelling accommodations or conditions of blight.
The Authority has considered these elements in proposing this Plan. This amendment, in
and of itself will promote consistency with the Comprehensive Plan. This will have the
intended result of preventing recurring elements of unsafe buildings and blighting
conditions. This particular building has been a blighting influence on the area for several
years while it sat unoccupied on this busy corridor. This project will also provide for the
development of Claude Road and reducing congestion along Diers Avenue within the
City of Grand Island.
8. Time Frame for Development
Development of this project is anticipated to begin in the 2023 year. The renovations are
expected to be complete in 2024. Excess valuation should be available for 15 years
beginning with the 2025 tax year.
9. Justification of Project
This project will renovate and rehabilitate an existing building that has been vacant on
this high traffic corridor for the last several years.
10. Cost Benefit Analysis Section 18-2113 of the Act, further requires the Authority
conduct a cost benefit analysis of the plan amendment in the event that Tax Increment
Financing will be used. This analysis must address specific statutory issues.
As authorized in the Nebraska Community Development Law, §18-2147, Neb. Rev. Stat.
(2019), the City of Grand Island has analyzed the costs and benefits of the proposed
Redevelopment Project, including:
Project Sources and Uses. Approximately $890,850 in public funds from tax increment
financing provided by the Grand Island Community Redevelopment Authority will be
Page 185 of 225
required to complete the project. This investment by the Authority will leverage
$2,640,150 in private sector financing and investment; a private investment of $2.96 for
every TIF dollar invested.
Use of Funds Source of funds
Description TIF Funds Private Funds Total
Acquisition $764,850 $764,850
Building Costs $1,874,790 $1,874,790
Utilities $260,360 $260,360
Public Streets $210,000 $210,000
Demolition $89,000 $89,000
Planning (Arch. & Eng.)$22,000 $13,000 $35,000
Legal/ TIF contract $15,000 $15,000
Developer Fees $231,000 $231,000
Contingency $51,000 $51,000
Total $890,850 $2,640,150 $3,531,000
Tax Revenue. The property to be redeveloped is anticipated to have a January 1, 2023
valuation of approximately $762,500. Based on the 2022 levy this would result in a real
property tax of approximately $16,136. It is anticipated that the assessed value will
increase by $2,768,500 upon full completion, as a result of the site redevelopment. This
development will result in an estimated tax increase of over $58,588 annually. The tax
increment gained from this Redevelopment Project Area would not be available for use
as city general tax revenues, for the period of the bonds, but would be used for eligible
private redevelopment costs to enable this project to be realized.
Estimated 2024 assessed value: $ 762,500
Estimated value after completion $ 3,531,000
Increment value $ 2,768,500
Annual TIF generated (estimated) $ 58,588
TIF bond issue $ 890,850
(a) Tax shifts resulting from the approval of the use of Tax Increment Financing;
The redevelopment project area currently has an estimated valuation of $762,500.
The proposed redevelopment will create additional valuation of $3,531,000 by the end of
the project. The project creates additional valuation, renovates a build that has been a
drain on the neighborhood and surrounding area and that will support taxing entities long
after the project is paid off. This development will also support and complement the
construction of Claude Road on the west side of this property. The tax shift from this
project will be equal to the total of the bond principal of $890,850 if fully funded and any
associated interest on the bond to be assigned with contract approval.
(b) Public infrastructure and community public service needs impacts and local tax
impacts arising from the approval of the redevelopment project;
Page 186 of 225
Existing water and waste water facilities will not be negatively impacted by this
development. The electric utility has sufficient capacity to support the development.
This is infill development with services connecting to existing line with capacity. This
development will not directly result in a larger number of students for Grand Island
Public Schools. Fire and police protection are available and should not be negatively
impacted by this development.
(c) Impacts on employers and employees of firms locating or expanding within the
boundaries of the area of the redevelopment project;
This will provide additional space for new businesses.
(d) Impacts on other employers and employees within the city or village and the
immediate area that are located outside of the boundaries of the area of the
redevelopment project; and
This project will not have a negative impact on other employers different from any
other expanding business within the Grand Island area. Grand Island does have tight
labor market.
(e) Impacts on student populations of school districts within the City or Village:
This development will not have a direct impact on the Grand Island School
system
(f) Any other impacts determined by the authority to be relevant to the
consideration of costs and benefits arising from the redevelopment project.
This will renovate and rehabilitate an existing building that has been vacant for the
last several year.. Twenty Five percent of the increment generated approximately
$222,700 will be made available to the City of Grand Island for the development of
Claude Road along the west side of property.
Time Frame for Development
Development of this project is anticipated to be completed by the end of 2024. The base
tax year should be calculated on the value of the property as of January 1, 2025. Excess
valuation should be available for this project beginning in 2025 with taxes due in 2026.
Excess valuation will be used to pay the TIF Indebtedness issued by the CRA per the
contract between the CRA and the developer for a period not to exceed 15 years on each
property or an amount not to exceed a base amount of $890,850 the projected amount of
increment based upon the anticipated value of the project and current tax rate and
associated interest on the bond. Based on the estimates of the expenses of the
rehabilitation the developer will spend at least $3,300,000 on TIF eligible activities.
4892-6144-9854, v. 1
Page 187 of 225
Form Updated 7-25-2019cn Page | 1
BACKGROUND INFORMATION RELATIVE TO
TAX INCREMENT FINANCING REQUEST
Project Redeveloper Information
Business Name:
______________________________________________________________
Address:
_______________________________________________________________
Telephone No.: __________________________ Fax No.: _______________
Email: _________________________________________________________
Contact:
_______________________________________________________________
Application Submission Date:
Brief Description of Applicant’s Business:__
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________
Legal Description/Address of Proposed Project
Community Redevelopment Area Number ________
.
Page 188 of 225
Form Updated 7-25-2019cn Page | 2
Present Ownership Proposed Project Site:
________________________________________________________________
_____________________________________
Is purchase of the site contingent on Tax Increment Financing Approval? Yes No
Proposed Project: Building square footage, size of property, description of buildings –
materials, etc. Please attach site plan, if available.
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________
If Property is to be Subdivided, Show Division Planned:
VI. Estimated Project Costs:
Acquisition Costs:
A. Land $ ______________
B. Building $ ______________
Construction Costs:
A. Renovation or Building Costs: $ ______________
B. On-Site Improvements:
Sewer $ ______________
Water $ ______________
Electric $ ______________
Gas $ ______________
Public Streets/Sidewalks $ ______________
Page 189 of 225
Form Updated 7-25-2019cn Page | 3
Private Streets $ ______________
Trails $ ______________
Grading/Dirtwork/Fill $ ______________
Demolition $ ______________
Other $ ______________
Total $ ______________
Soft Costs:
A. Architectural & Engineering Fees:$ ______________
B. Financing Fees:$ ______________
C. Legal $ ______________
D.Developer Fees:$ ______________
E. Audit Fees $ ______________
F. Contingency Reserves:$ ______________
G. Other (Please Specify)$ ______________
TOTAL $ ______________
A. Developer Equity:$ ______________
B. Commercial Bank Loan:$ ______________
C.Tax Credits:
1. N.I.F.A.$ ______________
2. Historic Tax Credits $ ______________
3. New Market Tax Credits $ ______________
4. Opportunity Zone $ ______________
D. Industrial Revenue Bonds:$ ______________
E. Tax Increment Assistance:$ ______________
F. Enhanced Employment Area $ ______________
Total Estimated Market Value at Completion: $
Source for Estimated Market Value________________________________________ The site was previously valued at more than $3.5 million, but the valuation has been reduced based on the
current sale and the fact that the site is currently vacant and unusable. Redeveloper anticipates increasing the
valuation back up to at least the previous valuation based on the renovations and re-occupancy. Source of Financing:
Page 190 of 225
Form Updated 7-25-2019cn Page | 4
G. Nebraska Housing Trust Fund $ ______________
H. Other $ ______________
Name, Address, Phone & Fax Numbers of Architect, Engineer and General Contractor:
_______________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
____________________________________________________________
Estimated Real Estate Taxes on Project Site Upon Completion of Project:
(Please Show Calculations)
________________________________________________________________
________________________________________________________________
________________________________________________________________
____________________________________________________________
Project Construction Schedule:
Construction Start Date:
_________________________________________________
Construction Completion Date:
___________________________________________
If Phased Project:
_______________________ Year ______________________ % Complete
_______________________ Year ______________________ % Complete
_______________________ Year ______________________ % Complete
_______________________ Year ______________________ % Complete
_______________________ Year ______________________ % Complete
_______________________ Year ______________________ % Complete
Page 191 of 225
Form Updated 7-25-2019cn Page | 5
XII. Please Attach Construction Pro Forma
XIII. Please Attach Annual Income & Expense Pro Forma
(With Appropriate Schedules)
TAX INCREMENT FINANCING REQUEST INFORMATION
Describe Amount and Purpose for Which Tax Increment Financing is Requested:
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
______________________________________________________________
Statement Identifying Financial Gap and Necessity for use of Tax Increment Financing
for Proposed Project: ______________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________
Page 192 of 225
Form Updated 7-25-2019cn Page | 6
Municipal and Corporate References (if applicable). Please identify all other
Municipalities, and other Corporations the Applicant has been involved with, or has
completed developments in, within the last five (5) years, providing contact person,
telephone and fax numbers for each:
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
____________________________________
Post Office Box 1968
Grand Island, Nebraska 68802-1968
Phone: 308 385-5240
Fax: 308 385-5423
Email: cnabity@grand-island.com
Page 193 of 225
Attachment 1
Deed
Page 194 of 225
~ ---N 0 N --(.,,) -0 -(.,,) --N -->. -co --iiiiiiiiiii ---;;;;;;;;;;;;;;;
NEBRASKA DOCUMENTARY ENTERED AS INSTRUMENT NO
STAMP TAX 202303219
Date 6-28-2023 STATE OF NEBRASKA) SS $ 1716.75_ ByJl_ COUNTY OF HALL)
2023 JUN 28 AM 10:01
)Ui~ M>lcu
REG OF DEEDS
ELECTRONICALLY RECORDED
RECORDING FEE $52.00
(Space Above Reserved For County Certification)
SPECIAL WARRANTY DEED
(Excludes Certain Improvements)
THIS INDENTURE is made as of June 23, 2023 ("Effective Date"), by and between
ALLTEL CORPORATION, a Delaware corporation ("Grantor"), with an address of c/o Verizon
Glob~l Real Estate, 7701 E. Telecom Parkway, Mail Code: FLTDSB 1 W, Temple Terrace, Florida
33637, as successor in interest to Nebraska Cellular Telephone Company; and 3650, LLC, a
Nebraska limited liability company ("Grantee"), with an address of 429 Industrial Lane, Grand
Island, Nebraska 68803.
WITNESSETH, that Grantor, for and in consideration of the sum of TEN DOLLARS
($10.00) and other good and valuable consideration, to Grantor paid by Grantee (the receipt of
which is hereby acknowledged) does by these presents, GRANT, BARGAIN, SELL AND
CONVEY, unto Grantee and Grantee's heirs, successors and assigns, that certain real property
situated in Hall County, Nebraska, together with all appurtenances and improvements and fixtures
situated thereon, being more particularly described as follows (collectively, the "Property"):
See Exhibit A attached hereto and incorporated herein.
SUBJECT TO: (a) easements, restrictions, declarations, reservations, agreements,
instruments and other matters of record> including without limitatio11 the Easement ( defined
below); (b) taxes and assessments, general and special, not now due and payable; (c) rights of the
public in and to the parts thereof in streets, roads or alleys; (d) matters that would be disclosed by
a current and accurate survey of the Property; ( e) the rights of any tenants, subtenants, licensees or
pennitted occupants of the telecommunications tower located on the Property reserved by Gran tor;
and (f) the Easement (defined below).
RESERVING UNTO GRANTOR, its successors, heirs, tenants, lessees and assigns, a
perpetual easement through, over, under and upon the Property for the purposes of accessing,
operating> maintaining, repairing, replacing, servicing, inspecting and removing those network and
telecommunications tower facilities located in the area described on Exhibit B attached hereto and
CORE/0762186.34121182514381. I CV Filed By.Ni'
Chicago Title
'lc::-c..--uz.:~o 1 [.,(
Page 195 of 225
incorporated herein by reference (the "Easement"), as further provided in that certain Network and
Telecommunications Tower, Utility and Access Easement Agreement dated effective as of the
date hereto and recorded in the public records of Hall County, Nebraska shortly after the
recordation hereof.
TO HA VE AND TO HOLD the Property, with all and singular the rights, privileges,
appurtenances and immunities thereto belonging or in anywise appertaining unto Grantee and
Grantee's heirs, successors and assigns, forever; Grantor hereby covenanting that the Property is
free and clear from any encumbrance done or suffered by Grantor, except as set forth herein; and
that Grantor will warrant and defend the title to the Property unto Grantee and Grantee's heirs,
successors and assigns, forever, against the lawful clai~s and demands of all persons claiming
under Grantor, except as set forth herein.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Page 196 of 225
IN WITNESS WHEREOF, Grantor has caused this Special Warranty Deed to be executed
as of the date acknowledged below, but to be effective as of the Effective Date.
STATE OF Cd#i✓t/~ )
) ss.
COUNTY OF b,/ kp-s )
GRANTOR:
ALLTEL CORPORATION, a Delaware
corporation
By: LA~
Name: Wayne lgawa
Title: Real Estate Manager
On this L!f!! day of June, 2023, before me, the undersigned, a Notary Public in and for
said State, personally appeared _________ ., to me personally known,
_________ of ALLTEL CORPORATION, a Delaware corporation, known to me
to be the person who executed the within instrument in behalf of said corporation and
acknowledged to me that s/he executed the same for the purposes therein stated, and as her/his free
act and deed and as the free act and deed of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at my
office in the County aforesaid the day and year last above written.
(SEAL)
/k,f-e fl"'e tt,&d'~L 41: d~k .
Printed Name: .?e-"H ,;?: t"'u✓Hff',
Notary Public in and for said State
Commissioned in /u 1/Kp.J County
Page 197 of 225
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles
On c;.h/#e If , ztJ2.J before me, ./P#H ..,7. t#V//~ --=-~....-Da_t_e~-----~ Name "' , Notary Public,
personally appeared -----~A/4 ....... ~;-=;~F~L...~-.....__,_.h.9 ~.,.....~'"""~"'-=~-'---------------l
Vame(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
Place Notary Seal and/or Stamp
I certify under penalty of perjury under the law of the
State of California that the foregoing paragraph is
true and correct.
Witness my hand and official seal.
OPTIONAL
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: --~rll"-~~z=d~-~M~~~~~~~~A~~t-:"-/=---------
Document Date: ______ .t/,_~~--------Number of Pages: _ ____.1 ___ _
Signer(s) Other Than Named Above:-------~~~-----------
Page 198 of 225
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
LOT TWO (2) 281 RETAIL SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL
COUNTY, NEBRASKA, LESS AND EXCEPT WIRELESS NETWORK
TELECOMMUNICATIONS TOWER, EQUIPMENT AND FACILITIES LOCATED ON SAID
REAL PROPERTY, INCLUDING BUT NOT LIMITED TO EQUIPMENT SHELTERS
AND/OR CABINETS, FENCED ENCLOSURE, ANTENNAS, COAX, CABLING AND
CONDUIT, EMERGENCY POWER GENERATORS, METERS, TOGETHER WITH ANY
AND ALL ADDITIONS, APPURTENANCES, INFRASTRUCTURE, IMPROVEMENTS,
UTILITY FACILITIES (INCLUDING WITHOUT LIMITATION ELECTRICAL, FIBER AND
GAS CONNECTIONS, IF ANY), EQUIPMENT AND FIXTURES SUPPORTING, AFFIXED
OR RELATED THERETO, INCLUDING WITHOUT LIMITATION PEDESTALS,
GROUNDING WIRES, CABINETS, TRANSFORMERS, PIPES, WIRES, CONDUITS, AND
ANY AND ALL EQUIPMENT, APPURTENANCES AND FIXTURES SUBJECT TO ANY
LICENSE OR LEASE AGREEMENTS TO WHICH GRANTOR IS A PARTY, WHETHER
UNDERGROUND OR ABOVEGROUND, ALL LOCATED ON SAID REAL PROPERTY,
TOGETHER WITH ANY AND ALL EASEMENT RIGHTS APPURTENANT TO SAID REAL
PROPERTY WHICH SERVE OR SUPPORT THE FOREGOING FACILITIES, THE TITLE TO
WHICH IS HEREBY SEVERED FROM THE TITLE TO THE FOREGOING REAL
PROPERTY AND SHALL REMAIN WITH GRANTOR.
SUBJECT TO NETWORK AND TELECOMMUNICATIONS TOWER, UTILITY AND
ACCESS EASEMENT AGREEMENT, DATED ON OR ABOUT THE DATE HEREOF, TO BE
FILED OF RECORD CONCURRENTLY HEREWITH.
CORE/0762186.3412/182514381.1
Page 199 of 225
EXHIBITB
LEGAL DESCRIPTION OF EASEMENT AREA
THAT PART OF LOT TWO (2) 281 RETAIL SUBDIVISION IN THE CITY OF GRAND
ISLAND, HALL COUNTY, NEBRASKA AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT
2, A #5 REBAR FOUND FOR CORNER; THENCE FOLLOWING THE PERIMETER OF THE
50'Xl 00' EASEMENT ON THE FOLLOWING BEARINGS AND DISTANCES: SOUTHERLY,
SOUTH 01°40'45" EAST, ON THE EAST LINE OF LOT 2, 281 RETAIL SUBDIVISION,
100.00 FEET; THENCE DEPARTING SAID EAST LINE, WESTERLY, SOUTH 88°52'34"
WEST, 50.00 FEET; THENCE NORTHERLY, NORTH 01°40'45" WEST, 100.00 FEET, TO A
POINT OF INTERSECTION ON THE NORTH LINE OF LOT 2,281 RETAIL SUBDIVISION;
THENCE EASTERLY, ON THE NORTH LINE OF SAID LOT 2, NORTH 88°52'34" EAST,
100.00 FEET, TO THE POINT OF BEGINNING. CONTAINING A TOTAL CALCULATED
AREA OF 5,000 SQUARE FEET, OR 0.115 ACRES, MORE OR LESS.
TOGETHER WITH:
AN ACCESS AND UTILITY EASEMENT, 30 FEET IN WIDTH, LOCATED THAT PART OF
LOT TWO (2) 281 RETAIL SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL
COUNTY, NEBRASKA THE CENTERLINE BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS: REFERRING TO THE NORTHEAST CORNER OF SAID LOT 2, A #5 REBAR
FOUND FOR CORNER; THENCE WESTERLY, SOUTH 88°52'34" WEST, ON THE NORTH
LINE OF LOT 2,281 RETAIL SUBDIVISION, 65.00 FEET, TO THE POINT OF BEGINNING
FOR THE CENTERLINE OF THE DESCRIBED ACCESS AND UTILITY EASEMENT;
THENCE FOLLOWING THE CENTERLINE OF THE EASEMENT ON THE FOLLOWING
BEARINGS AND DISTANCES: SOUTHERLY, SOUTH 01 °40'45" EAST, 115.00 FEET
THENCE EASTERLY, NORTH 88°52'34" EAST, 26.50, TO A POINT HEREAFTER
REFERRED TO AS "POINT "A"; THENCE SOUTHERLY, SOUTH 01°40'45" EAST, 141.00
FEET; THENCE SOUTHEASTERLY, SOUTH 21°03'18" EAST, 25.62 FEET; THENCE
SOUTHERLY, SOUTH 01 °40'45" EAST, 80.00 FEET; THENCE SOUTHWESTERLY, SOUTH
28°41'58" WEST, 72.31 FEET; THENCE SOUTHERLY, SOUTH 01°40'45" EAST, 196.00
FEET, TO A POINT OF INTERSECTION ON THE NORTHERLY RIGHT-OF-WAY LINE OF
13TH STREET WEST, ALSO BEING THE POINT OF TERMINATION OF THE
CENTERLINE FOR THE DESCRIBED ACCESS AND UTILITY EASEMENT. CONTAINING
A TOTAL CALCULATED AREA OF 20,398 SQUARE FEET, OR 0.468 ACRES, MORE OR
LESS. PARALLEL LINES FROM THE DESCRIBED CENTERLINE ARE INTENDED TO
LENGTHEN OR SHORTEN TO INTERSECT THE LINES DESCRIBED.
TOGETHER WITH:
A UTILITY EASEMENT, 15 FEET IN WIDTH, LOCATED THAT PART OF LOT TWO (2)
281 RETAIL SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY,
NEBRASKA, THE CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS
CORE/0762186.3412/182514381. 1
Page 200 of 225
FOLLOWS: REFERRING TO THE NORTHEAST CORNER OF SAID LOT 2, A #5 REBAR
FOUND FOR CORNER; THENCE SOUTHERLY, SOUTH 01 °40'45" EAST ON THE EAST
LINE OF LOT 2,281 RETAIL SUBDIVISION, 130.00 FEET; THENCE DEPARTING SAID
EAST LINE, WESTERLY, SOUTH 88°52'34" WEST, 10.00 FEET, TO THE POINT OF
BEGINNING FOR THE CENTERLINE OF THE DESCRIBED UTILITY EASEMENT;
THENCE FOLLOWING THE CENTERLINE OF THE EASEMENT ON THE FOLLOWING
BEARINGS AND DISTANCES: SOUTHERLY, SOUTH 01°40'45" EAST, 313.00 FEET;
THENCE SOUTHWESTERLY, SOUTH 57°56'54" WEST, 20.50 FEET; THENCE
SOUTHERLY, SOUTH 01 °53'19" WEST, 165.59 FEET, TO A POINT OF INTERSECTION ON
THE NORTHERLY RIGHT-OF-WAY LINE OF 13TH STREET WEST, ALSO BEING THE
POINT OF TERMINATION OF THE CENTERLINE FOR THE DESCRIBED UTILITY
EASEMENT. CONTAINING A TOTAL CALCULATED AREA OF 7,483 SQUARE FEET, OR
0.172 ACRES, MORE OR LESS. PARALLEL LINES FROM THE DESCRIBED CENTERLINE
ARE INTENDED TO LENGTHEN OR SHORTEN TO INTERSECT THE LINES DESCRIBED.
TOGETHER WITH:
ANY AND ALL RIGHTS APPURTENANT TO THE PROPERTY AND/OR EASEMENT, IF
ANY, ARISING UNDER THE FOLLOWING RECORDED INSTRUMENTS:
1. PLAT RECORDED FEBRUARY 1, 2010 AS DOCUMENT NO. 201000671.
2. SUBDIVISION AGREEMENT DATED DECEMBER 21, 2009, RECORDED
FEBRUARY 1, 2010 AS DOCUMENT NO. 201000683.
3. UTILITYEASEMENTDATEDJANUARY31, 1995,RECORDEDFEBRUARY3, 1995
AS DOCUMENT NO. 95-100669.
4. EASEMENT DATED SEPTEMBER 7, 1993, RECORDED NOVEMBER 4, 1993 AS
DOCUMENT NO. 93-109512.
5. PUBLIC UTILITIES EASEMENT DATED APRIL 24, 1990, RECORDED MAY 23,
1990 AS DOCUMENT NO. 90-102852.
6. PLAT DATED AUGUST 20, 1988, RECORDED NOVEMBER 30, 1988 AS
DOCUMENT NO. 88-106465.
7. PUBLICUTILITIESEASEMENTDATEDJUNE25, 1990,RECORDEDWLY 11, 1990
AS DOCUMENT NO. 90-104020.
8. LICENSE AGREEMENT DATED MARCH 12, 2019, RECORDED MARCH 20, 2019
AS DOCUMENT NO. 201901611.
9. NO BUILD EASEMENT DATED OCTOBER 5, 1994, RECORDED OCTOBER 19,
1994 AS DOCUMENT NO. 94-108552.
CORE/0762186.3412/l 825 l 438 l. 1
Page 201 of 225
EACH RECORDED IN THE REAL PROPERTY RECORDS OF HALL COUNTY,
NEBRASKA.
CORE/0762186.3412/l 82514381.1
Page 202 of 225
Attachment 3
TIF Sources and Uses
Page 203 of 225
3650 W. 13th Street
TIF Projections
TIF SOURCES
General Assumptions
Tax Levy: 2.14705
Interest Rate: 0.0%
Base Value: $764,850
Final Value: $3,531,000
TIF Period (years) 15
Assessed Value Taxes
Base Year $764,850 $16,422
Final Value $3,531,000 $75,812
Increment $2,766,150 $59,390
Annual TIF Amt. $59,390
Present Value $890,857
TIF USES
Site Acquisition $764,850
Renovation $1,874,790
Demolition $89,000
Sewer $110,000
Electrict $125,360
Gas $25,000
Streets/ Sidewalks $210,000
Arch. & Eng. $35,000
Legal $15,000
Total eligible Uses $3,249,000
Page 204 of 225
Page 205 of 225
Resolution Number 2024-03
HALL COUNTY REGIONAL PLANNING COMMISSION
A RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO A
REDEVELOPMENT PLAN IN THE CITY OF GRAND ISLAND, NEBRASKA;
AND APPROVAL OF RELATED ACTIONS
WHEREAS, the Chairman and Board of the Community Redevelopment Authority of the City of
Grand Island, Nebraska (the “Authority”), referred the Redevelopment Plan for CRA Area 34
requested by 3650, LLC to the Hall County Regional Planning Commission, (the “Commission”) for
review and recommendation as to its conformity with the general plan for the development of the City of
Grand Island, Hall County, Nebraska, pursuant to Section 18-2112 of the Community Development Law,
Chapter 18, Article 21, Reissue Revised Statutes of Nebraska, as amended (the “Act”); and
WHEREAS, the Commission held a public hearing on the proposed plan on October 11, 2023, and
WHEREAS, the chair or president of Hall County Board, Grand Island School Board, Central
Platte Natural Resources District, Educational Service Unit #10 and Central Community College were
notified by certified mail of said hearing, and
WHEREAS, the Commission advertised the time, date and location public hearing in the Grand
Island Independent on Wednesday September 20th, 2023 and Wednesday September 27th, 2023, and
WHEREAS, there are no Neighborhood Associations registered with the City of Grand Island, and
WHEREAS, the Commission has reviewed said Redevelopment Plan as to its conformity with the
general plan for the development of the City of Grand Island, Hall County;
NOW, THEREFORE, BE IT RESOLVED BY THE HALL COUNTY REGIONAL
PLANNING COMMISSION AS FOLLOWS:
Section 1. The Commission hereby recommends approval of the Redevelopment Plan finding that
it is in conformance with the comprehensive development plan (general plan for development) for the
City of Grand Island.
Section 2. All prior resolutions of the Commission in conflict with the terms and provisions of this
resolution are hereby expressly repealed to the extent of such conflicts.
Section 3. This resolution shall be in full force and effect from and after its passage as provided by
law.
DATED: October 11, 2023
HALL COUNTY REGIONAL PLANNING
COMMISSION
ATTEST: By: ___________________________________
Chair
By: ___________________________________
Secretary
Page 206 of 225
AGENDA MEMO
To: Hall County Regional Planning Commission
Agenda: Hall County Regional Planning Commission October 11, 2023
Date: October 11, 2023
Item #: 5.a.
Subject: Final Plat – Jaxson Second Subdivision – Grand Island Located south of
Old Potash Highway and west of North Road in Grand Island, NE (13 lots, 1
outlot, 16.767 acres)
Staff Contact: Chad Nabity
BACKGROUND: Located south of Old Potash Highway and west of North Road in
Grand Island, NE (13 lots, 1 outlot, 16.767 acres) The property is currently zoned RD
Residential Development Zone. The proposed development is consistent with the
approved development plan for the property. The property is 16.767 acres and the
proposed subdivision has 13 lots and one outlot. All proposed streets are private
streets. Sewer, water and streets will be extended throughout the property with this
subdivision.
RECOMMENDATION: Staff is recommending approval of this subdivision as
submitted.
SAMPLE MOTION: Move to approve as recommended.
ATTACHMENTS:
1. Jaxson 2nd_Aerial Map
2. 2023-09-29_Jaxson 2nd_02305833
3. Application
Page 207 of 225
North Rd SBeachwoodDrCentre StRedwoodRdSilver Rd
Old PotashH w y WOld Potash Hwy W NorthRdNWestgate RdMakayla AveJosh AveMabelDrWest Ridge Ln
Sun Ridge Ln
Prairie Ridge Ln
Westgate Rd
Lillie Dr
Roth Rd
Reed Rd
Edna Dr
Bronze RdJaxson SecondSubdivision
®
PROPOSED SUBDIVISIONAERIAL MAP
1 inch = 500 feet
Page 208 of 225
N89°55'08"E 475.06'(M)
40'
(M,P)S00°04'52"E 404.00'(M)N89°55'08"E 186.36'(M)400.47'(M)N00°04'37"W 404.00'(M)S00°04'37"E 404.00'(M)N00°04'52"W 404.00'(M)LOT 1
LOT 2
LOT 3
LOT 4
LOT 8
LOT 7
LOT 6
LOT 5 LOT 12
LOT 11
LOT 10
LOT 9
LOT 16
LOT 15
LOT 14
LOT 13JOSH AVENUEMAKAYLA AVENUEOUTLOT A40'
(M,P)
OUTLOT A
N89°55'08"E 903.41'(M)S00°04'49"E 812.39'(M,P)N89°34'44"W 903.44'(M,P)N00°04'52"W 804.47'(M,P)N89°55'08"E 161.97'(M,P)101'(M)101'(M)101'(M)101'(M)N89°55'08"E 161.99'(M)101'(M)101'(M)N89°55'08"E 161.98'(M)
N89°55'08"E 161.97'(M)101'(M)S89°55'08"W 161.96'(M)101'(M)N89°55'08"E 255.03'(M,P)101'(M)N89°55'08"E 255.04'(M)101'(M)N89°55'08"E 255.05'(M)101'(M)N89°55'08"E 255.05'(M)
S89°55'09"W 255.06'(M)101'(M)101'(M)N00°04'52"W101.00'(M)N89°55'08"E 220.00'(M,P)101'(M)N00°04'52"W101.00'(M)N89°55'08"E 220.00'(M)101'(M)N00°04'52"W101.00'(M)N89°55'08"E 220.00'(M)101'(M)S89°55'08"W 220.00'(M)N00°04'52"W101.00'(M)N89°55'08"E 220.00'(M)101'(M)S89°55'08"W 186.36'(M)101'(M)N89°55'08"E 186.41'(M)101'(M)101'(M)N89°55'08"E 186.41'(M)101'(M)101'(M)N89°55'08"E 186.41'(M)101'(M)101'(M)N89°55'08"E 186.41'(M,P)OUTLOT ANOT TO SCALE
SEC. 23, T11N, R10W
OWNERS: 3MJR, LLC,
SUBDIVIDER: RHOADS ENTERPRISES
SURVEYOR: OLSSON
ENGINEER: OLSSON
NUMBER OF LOTS: 13 / 1 OUTLOT
EXISTING ROW LINE
SET CORNER (5/8"x24" REBAR W/CAP OR AS NOTED)
NEW SUBDIVISION BOUNDARY LINE
EXISTING PROPERTY LINE
FOUND CORNER (5/8" REBAR W/CAP)
FAX 308.384.8752
TEL 308.384.8750
201 East 2nd Street
Grand Island, NE 68801
M MEASURED DISTANCE
R RECORDED DISTANCE
POB
NEW PROPERTY LINE
WEST LINE
NE1/4, NE1/4
Page 209 of 225
FAX 308.384.8752
TEL 308.384.8750
201 East 2nd Street
Grand Island, NE 68801
A TRACT OF LAND CONSISTING OF PART OF OUTLOT A, JAXSON SUBDIVISION IN THE CITY OF GRAND ISLAND,
HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 4, JAXSON SUBDIVISION, SAID POINT BEING THE POINT
OF BEGINNING; THENCE N89°55'08"E A DISTANCE OF 903.45 FEET TO THE SOUTHEAST CORNER OF LOT 13,
SAID JAXSON SUBDIVISION; THENCE S00°04'49"E, ALONG THE EAST LINE OF OUTLOT A, JAXSON
SUBDIVISION, A DISTANCE OF 812.39 FEET TO A CORNER ON MOORE'S CREEK DRAINWAY, INST. NO.
201400286, FILED 1/15/2014; THENCE N89°34'44"W, ALONG A NORTH LINE OF SAID MOORE'S CREEK
DRAINWAY, A DISTANCE OF 903.44 FEET TO A NORTHWEST CORNER OF SAID MOORE'S CREEK DRAINWAY,
SAID POINT ALSO BEING ON THE WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER
(NE1/4, NE1/4); THENCE N00°04'52"W, ALONG SAID WEST LINE, A DISTANCE OF 804.47 FEET THE POINT OF
BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 730346.89 SQUARE FEET OR 16.766 ACRES
MORE OR LESS.
I, JESSE E. HURT, A NEBRASKA REGISTERED LAND SURVEYOR NO. 674, DULY REGISTERED UNDER THE LAND
SURVEYOR'S REGULATION ACT, DO HEREBY STATE THAT I HAVE PERFORMED A SURVEY OF THE LAND
DEPICTED ON THE ACCOMPANYING PLAT; THAT SAID PLAT IS A TRUE DELINEATION OF SAID SURVEY
PERFORMED PERSONALLY OR UNDER MY DIRECT SUPERVISION; THAT SAID SURVEY WAS MADE WITH
REFERENCE TO KNOWN AND RECORDED MONUMENTS MARKED AS SHOWN, AND TO THE BEST OF MY
KNOWLEDGE AND BELIEF IS TRUE, CORRECT AND IN ACCORDANCE WITH THE LAND SURVEYOR'S
REGULATION ACT IN EFFECT AT THE TIME OF THIS SURVEY.
________________________________________________________
JESSE E. HURT, REGISTERED LAND SURVEYOR NUMBER, LS-674
KNOW ALL MEN BY THESE PRESENTS, THAT 3MJR, LLC, A NEBRASKA LIMITED LIABILITY COMPANY, BEING
THE OWNER OF THE LAND DESCRIBED HEREON, HAVE CAUSED SAME TO BE SURVEYED, SUBDIVIDED,
PLATTED AND DESIGNATED AS "" IN PART OF OUTLOT A, JAXSON
SUBDIVISION 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 ____________, 2023.
3MJR, LLC
_______________________________
BY: JOSHUA R. RHOADS, MEMEBER
ON THIS ____ DAY OF ___________, 2023, BEFORE ME ________________________, A NOTARY PUBLIC
WITHIN AND FOR SAID COUNTY, PERSONALLY APPEARED JOSHUA R. RHOADS, MEMEBER , 3MJR, 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 ________________ , 2023.
_______________________________
MAYOR
_______________________________
CITY CLERK
OWNERS: 3MJR, LLC
SUBDIVIDER: RHOADS ENTERPRISES
SURVEYOR: OLSSON
ENGINEER: OLSSON
NUMBER OF LOTS: 13 / 1 OUTLOT
NOT TO SCALE
SEC. 23, T11N, R10W
Page 210 of 225
Page 211 of 225
AGENDA MEMO
To: Hall County Regional Planning Commission
Agenda: Hall County Regional Planning Commission October 11, 2023
Date: October 11, 2023
Item #: 5.b.
Subject: Bartels Subdivision an Addition– Grand Island Located north of Highway
and west of North Road in the jurisdiction of the City Grand Island, NE (2 lots, 11.47
acres)
Staff Contact: Chad Nabity
BACKGROUND: Located north of Highway and west of North Road in the jurisdiction of the City
Grand Island, NE This property is zoned LLR Large Lot Residential. This subdivision has 2 lots and
is 11.47 acres. There is an existing house on the property. This is proposed as an addition to the
City of Grand Island as it is adjacent and contiguous with the City Limits along the railroad track.
RECOMMENDATION: Staff is recommending approval as submitted.
SAMPLE MOTION: Move to approve as recommended.
ATTACHMENTS:
1. BartelsSub_Aerial Map
2. BartelsSub_Plat
3. Application
Page 212 of 225
Lee St
Idah
o
A
v
e
Nebraska Highway 2 W NorthRdNNevada Ave
Airport Rd W
North Point Cir
Nevada Ave
Montana Ave
AnneM a r ie Ave
Nebraska Highway 2 W
BartelsSubdivision
®
PROPOSED SUBDIVISIONAERIAL MAP
1 inch = 333 feet
Page 213 of 225
Page 214 of 225
Page 215 of 225
Page 216 of 225
AGENDA MEMO
To: Hall County Regional Planning Commission
Agenda: Hall County Regional Planning Commission October 11, 2023
Date: October 11, 2023
Item #: 5.c.
Subject: Final Plat – Eagle Lake Estates Fourth Subdivision – Grand Island
ETJ Located north of Stoneridge Path and east Linden Avenue in the jurisdiction of
the City of Grand Island, NE (3 lots, 12.478 acres)
Staff Contact: Chad Nabity
BACKGROUND: Located north of Stoneridge Path and east Linden Avenue in the jurisdiction of
the City of Grand Island, NE. This subdivision has 3 lots and is 12.478 acres. The property is zoned
LLR Large Lot Residential. There are three houses on the property. The houses on lots 2 and 3 of
this subdivision do not currently have legal access to Linden Avenue. This proposed subdivision
would provide a shared access for each of the lots to the existing frontage on Linden Avenue.
RECOMMENDATION: Staff is recommending approval as submitted.
SAMPLE MOTION: Move to approve as recommended.
ATTACHMENTS:
1. Eagle Lake Estates Fourth Subdivision Aerial Map
2. Scan 2023-9-26 (8,42,33)
3. Application
Page 217 of 225
Kuester Lk
Stoneridge Path
Tara Pl Tara Ct
Bismark Rd E PheasantDrIvy Hall CtPheasant PlLola DrAustin AveLakeside Dr
Ravenwood DrSwan LnLin
d
e
nAveLindenAve
Quail Ln
KuesterLkEagle LakeEstates FourthSubdivision
®
PROPOSED SUBDIVISIONAERIAL MAP
1 inch = 500 feet
Page 218 of 225
Page 219 of 225
Page 220 of 225
Invoice
Date
9/22/2023
Invoice #
1573
Bill To
Hall County Regional Planning Commission
Chad Nabity
PO Box 1968
Grand Island, NE 68802-1968
Marvin Planning Consultants, Inc
382 N. 4th Street
PO Box 410
David City, NE 68632
Terms
Net 30
Due Date
10/22/2023
Phone #
402.367.5031
E-mail
kmarvin@marvinplanning.com
Total
Balance Due
Payments/Credits
Description Qty Rate Amount
See attached pdf 14,475.00 14,475.00
Out-of-state sale, exempt from sales tax 0.00% 0.00
$14,475.00
$14,475.00
$0.00
Page 221 of 225
Invoice
Date
9/22/2023
Invoice #
1577
Bill To
Chad Nabity
Hall County Regional Planning Commission
PO Box 1968
Grand Island, NE 68802
Marvin Planning Consultants, Inc
382 N. 4th Street
PO Box 410
David City, NE 68632
Terms
Net 30
Due Date
10/22/2023
Phone #
402.367.5031
E-mail
kmarvin@marvinplanning.com
Total
Balance Due
Payments/Credits
Description Qty Rate Amount
Invoice #2 1,407.50 1,407.50T
Alda
Out-of-state sale, exempt from sales tax 0.00% 0.00
$1,407.50
$1,407.50
$0.00
Page 222 of 225
Invoice
Date
9/22/2023
Invoice #
1581
Bill To
Hall County Regional Planning Commission
Chad Nabity
PO Box 1968
Grand Island, NE 68802-1968
Marvin Planning Consultants, Inc
382 N. 4th Street
PO Box 410
David City, NE 68632
Terms
Net 30
Due Date
10/22/2023
Phone #
402.367.5031
E-mail
kmarvin@marvinplanning.com
Total
Balance Due
Payments/Credits
Description Qty Rate Amount
See Attached 1,965.00 1,965.00
Doniphan Comp Plan
No tax 0.00% 0.00
$1,965.00
$1,965.00
$0.00
Page 223 of 225
Time Room 1 Room 2 Time
8:30 am to 9:30 am Housing Issues in Nebraska
Aaron Sorrell AICP
9:45 am to 10:45 am Tax Increment
Financing
Michael Sands
Planning Fundamentals
Chad Nabity AICP
9:45 am to 1:00 pm
11:00 am to 12:00 pm New Issues in Planning
and Zoning
Keith Marvin AICP
12:00 pm to 1:00 pm Brown Bag Lunch –
Networking
1:00 pm to 2:15 pm Rural Nebraska’s Niche
in the New Economy
Chris Solberg AICP
Findings of Fact – What
Are They
David Ptak
1:00 pm to 2:15 pm
2:30 pm to 3:45 pm Community Supported
Agriculture operations
(CSA’s) – What Are They
and Why They Should
Matter
Chad Nabity AICP
Findings of Fact – How
to Make Them From an
Administrator’s and
Attorney’s Perspective
Dave Ptak
Judy Clark
2:30 pm to 3:45 pm
3:45 pm to 4:30 pm General Q and A
Session Descriptions: Housing Issues in Nebraska: (Aaron Sorrell, AICP, Owner and Planner for Community Planning Insights, Dayton, OH) Aaron Sorrell AICP has been actively working throughout Nebraska and the United States on
housing demand and issues surrounding affordable housing units. He will share a number of issues he has seen in his work within Nebraska.
Tax Increment Financing (TIF): (Michael Sands, Attorney with Baird Holm)
What is TIF and how does it impact economic development opportunities as well as other tax authorities.
Planning Fundamentals: (Chad Nabity, AICP, Planning Director at Hall County Regional Planning Dept.) A presentation and discussion focused on the basic knowledge of land use
planning. This session is focused on the practical application of land use planning legislation
carried out by planning commissioners, administration, attorneys, and elected officials. This session provides an excellent opportunity for community representatives to gain a better
understanding of their responsibilities; understand the legal principles of planning and its application; become better aware of community planning’s decision-making process.
New Issues in Planning and Zoning: (Keith Marvin, AICP, Owner and Senior Planner for Marvin Planning Consultants, Inc.)
What are the latest planning and zoning issues facing communities and counties in Nebraska? The current “hot topic” issues will be reviewed and discussed as well as items
which may be gaining traction in the near and long term.
Rural Nebraska’s Niche in the New Economy (Christopher Solberg, AICP, Deputy Community Development Director, City of La Vista)
Since 2020 the nation’s economy has changed dramatically. Chris Solberg will provide details of the new economy and how rural Nebraska communities can take advantage of it. Chris’
presentation will also go over some land use and zoning hacks to promote your community’s emergence into the new economy.
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Findings of Fact – What Are They: (David Ptak, Attorney at Law) What are Findings of Fact? Why are they important? Can they save your tail in court? Find out
the answer to these and other questions during this session.
Findings of Fact – How to Make Them From an Administrator’s and Attorney’s Perspective:
(David Ptak, Attorney at Law; Judy Clark, City/County Planning Administrator for North Platte
and Lincoln County)
This session will build on David Ptak’s session on Findings of Fact and actually discuss the ways to
make solid findings for your governing body and planning commission.
Community Supported Agriculture operations (CSA’s) – What Are They and Why They Should
Matter: (Chad Nabity, AICP, Planning Director at Hall County Regional Planning Dept.) Have you ever wondered what a Community Supported Agriculture operation is? We have
😊. During his presentation Chad will share what one is and why we should be more aware of them in our planning and zoning world.
Fall Digital (ZOOM) Workshop Cost and Registration:
1-4 individuals = $20.00 per person for full workshop 5+ from the same jurisdiction = $100.00 for full workshop
Anyone wishing to attend will need to register by visiting the NPZA Website (npza.org).
NOTE: Be sure you have provided an email, once registered and payment submitted you will
receive an email with the ZOOM information needed to access each of the sessions.
If you have any questions feel free to contact Chris Solberg csolberg@cityoflavista.org or Judy Clark at ClarkJM@ci.north-platte.ne.us
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