KEITH COUNTY, NEBRASKA
ZONING AND SUBDIVISION REGULATIONS
Table of Contents Page No.
Article 2 - Authority 2
Article 3 - Districts and Boundaries 2
Article 4 - Existing Uses 3
Article 5 - Agricultural District (A) 3
Article 6 - Residential Rural Districts (RR) 5
Article 7 - Residential Rural Two District (RR2) 7
Article 8 - Residential Medium Density District (RM) 8
Article 8.5 - Mixed Residential District (MRD) 8
Article 9 - Tourist Service (Planned) District (TS) 12
Article 10 - Highway District (HD) 13
Article 11 - Neighborhood Convenience Business District (NC) 14
Article 12 - General Business District (GB) 16
Article 13 - Light Industrial District (LI) 17
Article 14 - Heavy Industrial District (HI) 18
Article 15 - Open District (O) 19
Article 16 - Historic District (H) (Overlay) 20
Article 17 - Planned Unit Development District (PUD) (Overlay) 21
Article 18 - Entryway Corridor Planned Development District (ECPD) (Overlay) 24
Article 19 - General Provisions 30
Article 20 - Conditional Uses Permitted By Special Review 37
Article 21 - Mobile Home Parks 40
Article 22 - Parking 41
Article 23 - Signs 42
Article 24 - Flood Plain 45
Article 25 - Administration, Permits, Enforcement 52
Article 26 - Board of Adjustment 53
Article 27 - Amendments 55
Article 28 - Definitions 56
Article 1 - General Information 64
Article 2 - Plat Review and Submittal Requirements 64
Article 3 - Minimum Design Standards 68
Article 4 - Required Improvements 70
Article 5 - Public Lands and Reservations 71
Article 6 - Operations, Maintenance and Private Field Entrance 71
Article 7 - Variances 71
Article 8 - Amendments 72
Article 9 - Interpretation 72
Article 10 - Severability 72
Article 11 - Repeals and Enactment 72
Appendix 1 - Permit & Fee Schedule 73
_____________________
Adopted by the Keith County Board of Commissioners on March 17, 2004 by Resolution No. 2004-13
Amended by Change of Zone No. 04-02 by the Keith County Board of Commissioners on August 11, 2004 by Resolution No. XXXXXXXXX
Text changes made through April 2009. Additions and changes are underlined in bold, deletions have a strikethrough.
ZONING REGULATIONS
Article 1 Purpose
Section 1 Minimum Standards
These regulations shall permit and regulate development, construction, use and occupancy of land and building in prescribed districts in accordance with minimum standards. These standards have been made with reasonable consideration, among other things, as to the character of each district and its peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout Keith County.
Section 2 In Accordance with Comprehensive Plan
These regulations shall be for the purpose of implementing the Comprehensive Plan of the County. Specifically, those policies relating to land use and minimum development quality are strengthened by implementation via these regulations.
Section 3 Design and Intent
These regulations are intended to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote the health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to secure safety from flood; to avoid undue concentration; to facilitate the adequate provision for transportation, water, sewerage, schools, parks and other public requirements; to protect the tax base; to secure economy in governmental expenditures; and to preserve, protect, and enhance historic buildings, places, districts, and lakes.
Article 2 Authority
Section 1 Authority
The Keith County Zoning Resolution and Map is authorized by Chapter 23, Article 1, Section 23-114 et seq., of Nebraska Revised State Statutes as amended, and is hereby declared to be in accordance with all provisions of these statutes.
Section 2 Application of Regulations
Except as hereinafter provided, no building, structure, or land shall be used and no building or structure or part thereof shall be erected, constructed, reconstructed, altered, moved or structurally altered except in conformance with the regulation herein specified for the zoning district in which it is located; nor shall a yard, lot or open space be reduced in dimensions or area to an amount less than the minimum requirements set forth herein.
In addition to other provisions provided herein, the following conditions shall be met prior to issuance of building permits:
A) The proposed use shall be placed on a legally existing lot. Said lot either has been in existence prior to the adoption of these regulations or if created after the adoptions of these regulations, shall meet the provisions of these regulations and those of the Subdivision Regulation if any lot is ten (10) acres or less in size.
B) Each lot shall have frontage on an existing dedicated public street or private roadway. Said frontage shall be equal to the average lot width as described in each zone. The County shall approve any other condition only by processing a subdivision in a manner described by these regulations.
C) These regulations shall not apply to a change in the boundary between adjoining lands that does not create an additional substandard lot.
D) An approach on methods to implement services, such as utility systems, park maintenance, local road maintenance, and related services normally required in subdivision projects. The approach shall be made legally binding on the developer by contract in a manner that is accepted by the County Attorney.
Article 3 Districts and Boundaries
Section 1 Establishment of Zoning Districts
In order to carry out the provisions of this resolution, Keith County, Nebraska is hereby divided into the following districts and overlay districts:
A -Agricultural
RR -Residential Rural
RR2 -Residential Rural Two
RM -Residential Medium Density
TS -Tourist Service (Planned)
HD -Highway
GB -General Business
NC -Neighborhood Convenience Business
LI -Light Industrial
HI -Heavy Industrial
O -Open
H -Historic (Overlay)
PUD -Planned Unit Development (Overlay)
ECPD -Entryway Corridor Planned Development District (Overlay)
Section 2 Boundaries
The boundaries of these zoning districts are established as shown on a map entitled, the Keith County, Nebraska Zoning Map adopted July 23, 2003 by Resolution No. 2003-43 which map and all future amendments thereto are hereby made a part of this resolution. The zoning map shall be kept up to date and on file in the County Clerk’s office for the use and benefit of the public. Amendments in zoning district boundary lines or designations shall be made on such map within a reasonable time after the effective date of each resolution approving such amendments. The County shall not be required to publish the zoning map after each amendment thereto. Unless otherwise defined on the zoning map, district boundary lines are lot lines; centerline of streets, centerline of alleys, railroad right of way, or such lines extended; section lines; quarter section lines; or other lines drawn to scale on the zoning map.
Section 3 Divided Lots
When a lot is divided at the time of enactment of this resolution, or by subsequent amendments, by a zoning district boundary line, the less restrictive zoning requirements may be extended not more than twenty five (25) feet into the more restrictive zoning district adjacent to the zoning district boundary line.
Section 4 Overlay Districts
The overlay districts are established to allow flexibility in the use of special areas. They are processed in the same manner as the other districts and permit the uses spelled out in the overlay district articles.
Article 4 Existing Uses
Section 1 Continuance of Nonconforming Uses and Nonstandard Lots
Lawful uses of buildings, structures, or activities not conforming to the provisions of these regulations at the date of enactment shall be allowed to continue without alteration; provided, that when a non-conforming use of any use, building, or structure is discontinued for a period of five consecutive years in the Agricultural District, or twelve consecutive months in any other zoning district, the herein stated right to non-conformance shall be forfeited and any further use of the building, structures, or activities shall conform to the provisions of these regulations.
Due to the nature of subdivision, and the age of many of the lots in Keith County, a lot of record as defined in these regulations is considered a nonstandard lot. However, they may be considered being buildable when meeting the requirements of these regulations. They maybe subdivided only when the smallest lot created is larger then the largest lot out of which the new lots are created.
Article 5 Agricultural District (A)
Section 1 Intent
It is intended that this district satisfy the basic needs of the Keith County farming and ranching operations. With agriculture being one of the County’s main industries, it is vital that agricultural operations be allowed and protected from encroachments by non-agricultural uses. Therefore, this district does not permit the mixture of intensive residential and other urban uses with agriculture, nor is rezoning to urban use encouraged, unless it complies with the Comprehensive Plan. Some agricultural and non-agricultural uses are, however, found to exist in rural areas, serving rural and urban needs without detriment to agricultural interests under normal conditions with proper design and location. These uses may be permitted by special review and approval by the Planning Commission and the County Commissioners.
Section 2 Uses Permitted by Right
A. Animals, the raising, breeding and grazing of animals (including but not limited to cattle, poultry, sheep, swine, rabbits).
B. Apiaries.
C. Arenas, outdoor.
D. Botanical gardens.
E. Crops, the raising, storage and sale of items raised on site (including but not limited to dry land and irrigated farming, truck farming, sod farms, nursery stock and greenhouses).
F. Animal Feeding Operations Dairies using a dry manure operation, not within one and one half miles of an incorporated city or village, not within one mile of a concentration of ten or more homes or residences or a church, a school, recreational camps, parks, playgrounds, golf courses, country clubs, or not within one-half (1/2) mile of a residence not owned by the operator as further defined in Article 20. (Concentration here means ten or more residences within an area one-quarter mile square).
G. Concentrated Animal Feeding Operations, Dairies using a wet manure operation, not within three miles of an incorporated city or village, or a concentration of ten or more homes or residences or a church, a school, recreational camps, parks, playgrounds, golf courses, country clubs, or a residence not owned by the operator as further defined in Article 20. (Concentration here means ten or more residences within an area one-quarter mile square).
H. Fish hatcheries.
I. Flood control and irrigating facilities.
J. Guest house and quarters.
K. Historic preservation areas (public) and related user services.
L. Home occupations.
M. Oil and gas drilling and transmission.
N. Recreation and park facilities (public).
O. Religious facilities and quarters.
P. Residences as follows:
1) Residences housing families employed on the farm or ranch. Said residences shall be in the ownership of the farmer/rancher employer.
2) Residences on the farm or ranch each housing one family related to the farm or ranch operation. Said residences shall be in the ownership of the farmer/rancher operation.
3) Modular and manufactured homes may be considered as the permitted residence in “1” through “2” above.
4) Non-farm/ranch residence subject to the following:
a. Each lot shall have a minimum of 10 acres as noted in Section 4 Minimum Area, Yard Setback and Height Requirements.
5) A residence located on a farmstead maybe subdivided off as a separate lot subject to the following conditions:
a. The residence has existed on the property since 1975,
b. The residence complies with the Uniform Building Code, and the Uniform Housing Code, and Minimum Housing Code.
c. The area of the lot is dependent on the soil types. If a standard tank and absorption field system will not function, then the minimum lot area must be 3 acres. If a standard tank and absorption system will function, then the minimum lot area may be 1.5 acres. The functioning of the septic system will be evaluated on percolation tests supplied by the applicant.
d. A farmstead shall directly access existing roads or streets or exceed the minimum design standards of the Keith County Subdivision Regulations.
e. A farmstead shall contain one residence, and outbuildings shall be on one lot.
f. A farmstead shall be platted, a final plat meeting the standards set by the Keith County Subdivision Regulations is required and a preliminary plat may be required at the discretion of the Keith County Planning Commission.
Q. Roadside stands selling products produced on site.
R. Schools, public and private (non-profit).
S. Tourist information.
T. Sewage and waste water treatment facilities, and water storage and treatment facilities.
Section 3 Conditional Uses Permitted by Special Review
A. Airports and landing strips.
B. Amusement parks.
C. Asphalt plants.
D. Outdoor Advertising Signs (Billboard Signs).
E. Cemeteries, mausoleums and crematories.
F. Clubs.
G. Colleges and Universities.
H. Communication Towers.
I. Animal Feeding Operations, Dairies using a dry manure operation, within one and one half miles of an incorporated city or village, within one mile of a concentration of ten or more homes or residences or a church, a school, recreational camps, parks, playgrounds, golf courses, country clubs, or within one-half (1/2) mile of a residence not owned by the operator as further defined in Article 20. (Concentration here means ten or more residences within an area one-quarter mile square).
J. Concentrated Animal Feeding Operation (CAFO), Dairies using a wet manure operation, within three miles of an incorporated city or village, or a concentration of ten or more homes or residences or a church, a school, recreational camps, parks, playgrounds, golf courses, country clubs, or a residence not owned by the operator as further defined in Article 20. (Concentration here means ten or more residences within an area one-quarter mile square).
K. Concrete batch plants.
L. Dude ranches.
M. Fairgrounds.
N. Junk and salvage yards.
O. Kennels
P. Mobile Homes on a ranch or farm (Refer to definitions of specifics on types and appearance).
Q. Oil and gas storage (for use other than on site).
R. Planned unit developments (residential).
S. Power generating facilities.
T. Prisons.
U. Race track.
V. Recreation and park facilities (private, not to include any type of housing, except a residence for security purposes).
W. Sand, gravel and other mining operations except for agricultural purposes (see Article 20).
X. Sanitary landfill operations.
Y. Stadiums, indoor.
Z. Storage of agricultural products not produced or intended for consumption on site.
AA. Telephone exchanges.
BB. Utility offices, repair or storage facilities.
CC. Veterinary hospital and related facilities.
Section 4 Minimum Area, Yard Setbacks and Height Requirements
Lot area 10 acres
Average lot width
Interior lot 600 feet
Corner lot 600 feet
Minimum lot width 100 feet
Minimum lot depth 500 feet
Front yard setback 30 feet
Rear yard setback
Principal building 25 feet
Accessory buildings 10 feet
Side yard setback
Interior lot equal to height of proposed structure
Corner lot 30 feet
Maximum building height No limit
Section 5 General Provisions
The use of land in this district shall also conform to the parking, signing, and other provisions of this resolution.
Article 6 Residential - Rural District (RR)
With the existence of Lake McConaughy has come an interest in rural housing especially around the Lake. Permanent housing in rural areas tends to raise governmental service requirements. This district intends to control density according to services available or services made available through subdivision developments. This district will also provide for acreage type lots throughout the County when appropriate locations are designated. The intent of this district is to assure the environmental and esthetic qualities of Keith County, while retaining the agricultural base.
Section 2 Uses Permitted by Right
A. Crop production as permitted in the “A” Agricultural district.
B. Double wide mobile homes and modular homes.
C. Home occupations.
D. Grazing of livestock not to exceed one animal unit per 5 acres of land owned or leased.
E. Guest housing and quarters.
F. Historic preservation areas (public).
G. Manufactured homes.
H. Recreation and park facilities (public and private).
I. Religious facilities and quarters.
J. Residence (single family).
K. Accessory Uses on an individual lot of 2 acres or more without a primary use.
Section 3 Conditional Uses Permitted by Special Review
A. Airports and landing strips.
B. Arenas, outdoor.
C. Concessions or retail sales and services needed to serve residential resort areas.
D. Flood control and irrigation facilities.
E. Group housing use, including but not limited to cabins, motels, lodges.
F. Lakefront Lots, waiver of front yard setback when dwelling is fronting on the Lake.
G. Oil and gas drilling.
H. Planned unit development (residential).
I. Sewage and waste water treatment facilities, and water storage and treatment facilities.
K. Dwelling Unit: Vacation Rental.
Lot area a) 80,000 square feet with private/shared water system and private/shared wastewater system
b) 40,000 square feet with community/public water system or community/public wastewater system
Average lot width
Interior lot a) 200 feet
b) 125 feet
Corner lot a) 200 feet
b) 125 feet
Minimum lot width 50 feet
Minimum lot depth a) 400 feet
b) 200 feet
Front yard setback 25 feet
Rear yard setback
Principal building 20 feet
Accessory buildings 10 feet
Side yard setback
Interior lot 10 feet
Corner lot 25 feet
Maximum building height 30 feet
Section 5 General Provisions
The use of land in this district shall also conform to the parking, signing, and other provisions of this resolution.
Article 7 Residential Rural Two District (RR2)
Section 1 Intent
With the existence of Lake McConaughy has come an interest in mobile home housing units around the Lake. Whereas there has been a demand to allow mobile home type units in the same area as site constructed homes, this district intends to provide such types of construction in a compatible way. This district intends to assure the environmental and aesthetic qualities of Keith County and to control density according to services available or services made available through subdivision developments.
Section 2 Uses Permitted By Right
A. All those uses permitted by right in the Residential Rural (RR) District shall be permitted in this district.
B. Single wide mobile home units meeting the following requirements prior to placement or installation:
1) Roof shall be peaked and shingled.
2) Unit shall be sided with wood or other typical permanent type siding.
3) Unit shall be set on a permanent foundation as required for mobile home units.
4) Unit shall bear an appropriate seal that indicates it was constructed in accordance with the standards of the Uniform Standard Code for Manufactured Homes and Recreational Vehicles as promulgated by the U.S. Department of Housing and Urban Development, or constructed in accordance with the Nebraska Uniform Standards for Modular Housing standards.
Section 3 Conditional Uses Permitted By Special Review
A. All those uses permitted by conditional use after special review in the residential rural district shall be permitted as a conditional use after special review in this district.
B. Lakefront Lots, waiver of front yard setback when dwelling is fronting on the Lake.
C. Mobile home parks.
D. Dwelling Unit: Vacation Rental.
Section 4 Minimum Area, Yard Setbacks and Height Requirements
Lot area a) 60,000 square feet with private/shared water system and private/shared wastewater system
b) 40,000 square feet with either a community/public water system or community/public wastewater system
c) 20,000 square feet with both a community/public water system and community/public wastewater system
Average lot width
Interior lot a) 150 feet
b) 125 feet
c) 100 feet
Corner lot a) 150 feet
b) 125 feet
c) 100 feet
Minimum lot width 50 feet
Lot depth a) 400 feet
b) 200 feet
c) 100 feet
Front yard setback 25 feet
Rear yard setback
Principal building 20 feet
Accessory buildings 10 feet
Side yard setback
Interior lot 10 feet
Corner lot 25 feet
Maximum building height 30 feet
Section 5 General Provisions
The use of land in this district shall also conform to the parking, signing, and other provisions of this resolution.
Article 8 Residential Medium Density District (RM)
Section 1 Intent
This district is intended to accommodate existing medium density multiple family residential uses, the expansion of those areas within and adjacent to existing communities, and to provide for a variety of housing types.
Section 2 Uses Permitted by Right
A. Boarding houses.
B. Dwellings, Two-Family.
C. Dwellings, Multiple Family.
D. Dwellings, Single Family.
E. Guest Housing and Quarters.
F. Home occupations.
G. Preschool nurseries.
H. Religious facilities and quarters.
I. Rest, retirement or nursing homes.
J. Accessory Uses on an individual lot of 2 acres or more without a primary use.
Section 3 Conditional Uses Permitted by Special Review
A. Colleges and universities.
B. Clubs.
C. Emergency services.
D. Health care facilities.
E. Medical and dental clinics.
F. Mobile home parks.
G. Orphanages.
H. Accessory Uses on a lot of less than 2 acres without a primary use.
I. Dwelling Unit: Vacation Rental.
Section 4 Minimum Area, Yard Setbacks and Height Requirements
Lot area 40,000 square feet
Lot area per unit a) 20,000 square feet without a community/shared water system or a community/shared wastewater system.
b) 10,000 square feet with a community/shared water system or a community/shared wastewater system.
Average lot width
Interior lot a) 100 feet
Corner lot b) 100 feet
Minimum lot width 50 feet
Minimum lot depth 150 feet
Front yard setback 25 feet
Rear yard setback
Principal buildings 20 feet
Accessory buildings 10 feet
Side yard setback
Interior lot 10 feet
Maximum building height 30 feet
Section 5 Open Space
A minimum of forty percent (40%) of the site shall be developed and maintained as private open space and recreation use for occupants of the project.
Section 6 General Provisions
The use of land in this district shall also conform to the parking, signing, and other provisions of this resolution.
Article 8.5 Mixed Residential District (MRD)
PURPOSE: In the creation of the new Mixed Residential District, we are, in essence, providing for the creation of a small town by mixing residential, commercial/service business and public facilities together in one development.
Section 1: Intent
This district is intended to accommodate a variety of residential uses in separate settings or clusters as uses by right and a variety of commercial/service businesses as Conditional uses.
Section 2: Uses by Right
A. Boarding houses.
B. Dwellings, single family in either large lot or cluster developments.
C. Dwellings, duplex.
D. Dwellings, Townhouse.
E. Dwellings, Condominium.
F. Dwellings, Multiple Family provided no single structure houses more than four units.
G. Dwelling, Cottage.
H. Home occupations.
I. Preschool nurseries.
Section 3: Conditional Uses:
A. Art Galleries.
B. Banking, financial, including drive up facilities not to exceed 1,200 square feet in gross floor area.
C. Campgrounds to include RV parks.
D. Dwelling: Guest House and Guest Quarters.
E. Dwelling: Mobile Home Park.
F. Dwelling: Vacation Rentals and Time share.
G. Emergency Services to include public and private services.
H. Flood Control structures and Irrigation facilities.
I. Golf Course and other indoor or outdoor athletic facilities.
J. Health Care Facilities not to exceed 1,200 square feet in gross floor area.
K. Historic sites.
L. Neighborhood retail commercial units that will be compatible to nearby residential uses and serve the basic shopping and service needs for convenience items, such uses are not to exceed 2,000 square feet of gross floor area.
M. Office services to include but not limited to professionals in law, accounting, physicians, realtors and engineering.
N. Public and private schools.
O. Recreation and park facilities.
P. Religious facilities.
Q. Restaurants, coffee shops, bakeries; not to include fast food franchises, and not to exceed 2,000 square feet in gross floor area.
R. Service stations to be located only at the entrance to the MRD and not to exceed 2,000 square feet in gross floor area.
S. Storage facilities.
T. Veterinary clinics not to exceed 1,200 square feet in gross floor area and not to include kennels for multiday rental.
U. Water and waste water treatment facilities
Section 4: Minimum Development Area shall be a Contiguous Quarter Section of Land
Section 5: Minimum yard and setback requirements:
|
Regulator |
1-Family Detached |
1-Family Attached |
Duplex |
Town-house |
Multi-Family |
Other Permitted Uses |
|
Site Area per Housing Unit (sq ft) In Conventional Subdivisions In Cluster Subdivisions |
40,000 40,000 |
40,000 40,000 |
40,000 40,000 |
40,000 20,000 |
40,000 10,000 |
|
|
Minimum Lot Area In Conventional Subdivisions Individual Water and Wastewater Community Water Community Water and Wastewater In Cluster Subdivisions Individual Water and Wastewater Community Water Community Water and Wastewater |
40,000 20,000 15,000
40,000 20,000 5,000 |
40,000 20,000 15,000
40,000 20,000 5,000 |
40,000 20,000 15,000
40,000 20,000 10,000 |
40,000 20,000 10,000
40,000 20,000 4,000 per unit |
NA NA 160,000
NA NA 40,000 |
|
|
Minimum Lot Width (feet) Interior Lots In Conventional Subdivisions In Cluster Subdivisions Corner Lots In Conventional Subdivisions In Cluster Subdivisions |
100 50
150 75 |
100 50
150 75 |
150 75
200 100 |
50 35
75 40 |
100 75
150 100 |
|
|
Minimum Yards (feet) (May be varied for cluster subdivisions consistent with Section 2) Front Yard Side Yard (for unattached sideyards) Street Side Yard Rear Yard |
25 10 25 30 |
25 10 25 30 |
25 10 15 30 |
25 10 15 30 |
25 15 25 30 |
|
|
Maximum Height (feet) |
35 |
35 |
35 |
35 |
45 |
|
|
Maximum Building Coverage In Conventional Subdivisions In Cluster Subdivisions |
30% 50% |
30% 50% |
35% 60% |
45% 60% |
50% 65% |
|
Section 6: Conditional Use minimum lot area, setbacks, height and related requirements:
A. Lot area 1 Acre
Average lot width
Interior lot 100 feet
Corner lot 100 feet
Minimum lot width 50 feet
Minimum lot depth 150 feet
Front yard setback 25 feet from any street or private road right-of-way.
Rear yard setback
Principal buildings 20 feet
Accessory buildings 10 feet
Side yard setback
Interior lot 10 feet
Special Circumstances See ‘E’ below
Maximum building height 30 feet
B. A landscaped area of at least ten feet in width shall be provided adjacent to any street or private road abutting the commercial site.
C. If across a street or private roadway from a residential district, a landscaped area not less than twenty-five feet in width shall be provided paralleling the street or private roadway.
D. A landscape screen or solid fence at least six feet in height shall be installed on the commercial property when abutting or adjacent to any residential property.
E. When abutting a residential district, the yard between the zone district boundary and any building shall be two times the height of the proposed building.
F. Curb cuts may be permitted through the landscaped area. (The minimum curb cut width is 24 feet and the maximum curb cut width is 36 feet.)
Section 7: The use of land in this district shall also conform to the parking, signing and other provisions of this ordinance.
Section 8: Creation of Mixed Residential Districts (MRD’s) shall follow the requirements and standards found in
Article 17: Planned Unit Developments.
Section 9: Performance Requirements
A. The applicant shall satisfy the Planning Commission that they have the financial ability to carry out the proposed plan and shall prepare for submittal a schedule of construction. The proposed construction shall begin within a period of twelve months following the approval of the final plan by the County Board. A minimum of fifty percent of the total planned construction shown on the final plan shall be completed within a period of five years following such approval or the plan shall expire. The period of time established for the completion of the development may be modified by the Planning Commission upon the showing of good cause by the developer.
B. The developer shall provide and record easements and covenants, shall make such arrangements, and shall furnish such performance bonds, escrow deposit, or other financial guarantees as may be determined by the County Board to be reasonably required to assure performance in accordance with the development plan and to protect the public interest in the event of abandonment of said plan prior to completion.
C. The MRD shall include provisions for the ownership and maintenance of the common open spaces through a homeowners association and such provisions as are reasonably necessary to insure it continuity, care, conservation and maintenance. The MRD shall include provisions to insure that remedial measures will be available to the County Board if the common open space is permitted to deteriorate or is not maintained in a condition consistent with the best interests of the residents of the MRD or of the entire neighboring community.
D. The MRD may allow for Cluster Developments provided they meet the definition found in this Ordinance and the developer creates an open space area which also contains a centralized sanitary sewer system which meets all requirements of the Nebraska Department of Environmental Quality for design and capacity , including all necessary permits.
E. The approval of the preliminary plan may include a schedule or stages of development, however no building permits shall be issued outside of the consecutive stages of development and only when that entire ‘stage’ has received final plat approval.
Section 10: Density Bonuses apply only where there is community water and sewer systems:
A. The use of the MRD, in conjunction with Conservation Easements shall permit a developer the use of density bonuses in subdivisions served by community water and sewer systems
B. A Density Bonus shall be awarded in direct proportion to the amount of land in 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 Ordinance:
Normal development with community water and sewer in the RR District.
· The development is 160 acres: 6,969,600 sq. ft.
· Minimum lot area in RR with community water and sewer is 40,000 sq. ft.
· Gross number of lots 174.
· Density bonus with Conservation Easement in RR with community water and sewer.
· The development is 160 acres: 6,969,600 sq. ft.
· RR zoning allows for 174 lots.
· 30% of land put in conservation easement: 2,090,880 sq. ft.
· New minimum lot size of 28,039 sq. ft.
Article 9 Tourist Services (Planned) District (TS)
Section 1 Intent
This district is intended to serve a developing area with retail/commercial uses that are frequently found near interchanges and busy highways, or in established resort/tourist areas in the villages and communities around the Lake. This district requires a conditional use permit for the integration of uses with the surrounding area. This district is not intended to serve all business activity, nor should this district be used to create endless commercial strips along major highways. Tourist related and community oriented businesses are the primary uses in this district.
Section 2 Uses Permitted By Right
A. Flood control and irrigation.
B. Historic sites, and tourist information centers.
C. Recreation and parks (public).
D. Emergency services.
Section 3 Conditional Uses Permitted by Special Review
A. Amphitheaters.
B. Aquariums.
C. Arenas, fairgrounds and stadiums (outdoor).
E. Botanical gardens.
F. Bus and taxi depot.
G. Caretaker or business related living quarters.
H. Motels and hotels
I. Museums
J. Outdoor Advertising Signs (Billboard Signs).
K. Planned unit developments
L. Religious facilities and quarters
M. Restaurants up to 5,000 square feet.
N. Service stations up to 5,000 square feet.
O. Sewage and wastewater treatment and water storage and treatment facilities.
P. Stores and shops for the sale of goods at retail up to 5,000 square feet per business, but not including motor vehicles.
Q. Theaters
R. Zoos.
S. Dwelling Unit: Vacation Rental.
T. Campground.
Section 4 Minimum Area, Yard Setbacks, Height Requirements, and Related Requirements.
A.
Lot area 1 Acre
Average lot width
Interior lot 100 feet
Corner lot 100 feet
Minimum lot width 50 feet
Lot depth 150 feet
Front yard setback 25 feet from any street or private road right-of-way.
Rear yard setback
Principal buildings 20 feet
Accessory buildings 10 feet
Side yard setback
Interior lot 10 feet
Special Circumstances See ‘F’ below
Maximum building height 30 feet
B. A landscaped area of at least ten feet in width shall be provided adjacent to any street or private road abutting the commercial site.
C. If across a street or private roadway from a residential district, a landscaped area not less than twenty-five feet in width shall be provided paralleling the street or private roadway.
D. A landscape screen or solid fence at least six feet in height shall be installed on the commercial property when abutting or adjacent to any residential property.
E. When abutting a residential district, the yard between the zone district boundary and any building shall be two times the height of the proposed building.
F. Curb cuts may be permitted through the landscaped area. (The minimum curb cut width is 24 feet and the maximum curb cut width is 36 feet.)
Section 5 General Provisions
Use of land in this district shall also conform to the parking, loading, signing, and other provisions of this resolution.
Article 10 Highway District (HD)
Section 1 Intent
This district is intended to serve those areas within and adjacent to existing communities that are designed primarily to serve one stop shopping or auto related needs. This district should not be used to create an endless business strip along major highways. This district will be located along highways to adequately serve auto related and convenience needs.
Section 2 Uses Permitted By Right
A. Automotive vehicle, implement, marine craft, mobile home, recreational vehicle sales, services, and storage.
B. Aquariums.
C. Amphitheaters, auditoriums, fairgrounds, exhibition halls, arenas and stadiums.
D. Bus, taxi, and train depots.
E. Banks and financial institutions.
F. Building materials sales.
G. Car wash facilities.
H. Clubs.
I. Colleges and universities.
J. Communication centers and telephone exchanges.
K. Construction yards and services.
L. Cemeteries, mausoleums and crematories.
M. Dry cleaners.
N. Emergency services.
O. Flood control and irrigation facilities.
P. Historic sites and tourist information centers.
Q. Health care facilities.
R. Hotels and motels.
S. Liquor sales, on-site consumption and off-site sales.
T. Parking garages.
U. Plant nursery and sales.
V. Printing and newspapers.
W. Recreation and parks, public and private.
X. Religious facilities and quarters.
Y. Restaurants, including drive-in restaurants.
Z. Sewage and wastewater treatment facilities and water storage and treatment facilities.
AA. Service stations.
BB. Theaters.
CC. Veterinary hospitals.
Section 3 Conditional Uses Permitted by Special Review (see Article 20)
A. Amusement parks.
B. Caretaker of business related to living quarters.
C. Gas storage and distribution
D. Kennels
E. Planned unit development (commercial)
F. Outdoor Advertising Signs (Billboard Signs).
G. Race tracks
H. Retail stores
Section 4 Minimum Area, Yard Setbacks, Height Requirements, and Related Requirements.
A.
Lot area 1 Acre
Average lot width
Interior lot 100 feet
Corner lot 100 feet
Minimum lot width 50 feet
Lot depth 150 feet
Front yard setback 25 feet from any street or private road right-of-way.
Rear yard setback
Principal buildings 20 feet
Accessory buildings 10 feet
Side yard setback
Interior lot 10 feet
Special circumstances See ‘E’ below
Maximum building height 30 feet
B. A landscaped area of at least ten feet in width shall be provided adjacent to any street or private road abutting the commercial site.
C. If across a street or private roadway from a residential district, a landscaped area not less than twenty-five feet in width shall be provided paralleling the street or private roadway.
D. A landscape screen or solid fence at least six feet in height shall be installed on the commercial property when abutting or adjacent to any residential property.
E. When abutting a residential district, the yard between the zone district boundary and any building shall be two times the height of the proposed building.
F. Curb cuts may be permitted through the landscaped area. (The minimum curb cut width is 24 feet and the maximum curb cut width is 36 feet.)
Section 5 General Provisions
Use of land in this district shall also conform to the parking, signing, loading, and other provisions of this resolution.
Article 11 Neighborhood Convenience Business District (NC)
Section 1 Intent
This district will serve basic shopping and service needs for convenience items. Ideally, it is within walking or short riding distance of the neighborhood being served. Being placed near residential areas requires that the site and the use shall be compatible with the nearby residential districts. This district is intended to serve existing communities and expanding areas adjacent thereto.
Section 2 Uses Permitted by Right
A. Appliance repair and sales.
B. Art galleries.
C. Banking and financial, including drive-in facilities.
D. Botanical gardens.
E. Bus and taxi depots.
F. Colleges and Universities.
G. Communication centers, and telephone exchanges.
H. Dry cleaning and laundry.
I. Emergency services.
J. Flood control and irrigating facilities.
K. Health care facilities.
L. Historic sites.
M. Libraries.
N. Liquor off-sale.
P. Office services.
Q. Parking garages.
R. Personal services shops.
S. Plant nursery.
T. Preschools and child care facilities.
U. Professional and business offices.
V. Recreation and park facilities.
W. Religious facilities and quarters.
X. Restaurants, excluding drive-ins.
Y. Retail stores with all products enclosed with in a building.
Z. Theaters, excluding drive-ins.
Section 3 Conditional Uses Permitted by Special Review (see Article 20)
A. Automotive vehicles sales and services.
B. Caretakers of business, related living quarters.
C. Car wash facilities.
D. Clubs.
E. Liquor sales for on-site consumption.
F. News syndicate services
G. Outdoor Advertising Signs (Billboard Signs).
H. Planned Unit Development (commercial)
I. Restaurants, drive-ins.
J. Service stations.
K. Sewage and waste water treatment facilities, and water storage and treatment facilities.
L. Veterinary hospitals
Section 4 Minimum Area, Yard Setbacks, Height Requirements, and Related Requirements.
A.
Lot area 1 Acre
Average lot width
Interior lot 100 feet
Corner lot 100 feet
Minimum lot width 50 feet
Minimum lot depth 150 feet
Front yard setback 25 feet from any street or private road right-of-way.
Rear yard setback
Principal buildings 20 feet
Accessory buildings 10 feet
Side yard setback
Interior lot 10 feet
Special Circumstances See ‘E’ below
Maximum building height 30 feet
D. A landscaped area of at least ten feet in width shall be provided adjacent to any street or private road abutting the commercial site.
E. If across a street or private roadway from a residential district, a landscaped area not less than twenty-five feet in width shall be provided paralleling the street or private roadway.
D. A landscape screen or solid fence at least six feet in height shall be installed on the commercial property when abutting or adjacent to any residential property.
E. When abutting a residential district, the yard between the zone district boundary and any building shall be two times the height of the proposed building.
F. Curb cuts may be permitted through the landscaped area. (The minimum curb cut width is 24 feet and the maximum curb cut width is 36 feet.)
Section 6 General Provisions
Use of land in this district shall also conform to the parking, loading, signing and other provisions of this resolution.
Article 12 General Business District (GB)
Section 1 Intent
The general business district serves existing multipurpose business areas such as established in the existing communities and the expansion of such areas.
Section 2 Uses Permitted by Right
A. All those uses permitted by right in the neighborhood convenience business district shall be permitted in this district.
B. Amphitheaters and auditoriums
C. Appliance and household items repair and servicing
D. Aquariums
E. Automotive accessory repair and sales
F. Clubs
G. Electrical shops
H. Emergency services.
I. Gas stations.
J. Hotels and motels.
K. Liquor sales (on site and carry out).
L. Mortuaries.
M. News syndicate services.
N. Printing and newspaper offices.
O. Religious facilities and quarters.
P. Rental agencies.
Q. Restaurant, drive-ins.
R. Retail sales.
S. Tourist information.
T. Train depots.
U. Veterinary hospitals.
Section 3 Conditional Uses Permitted by Special Review (see Article 20)
A. All those conditional uses permitted by special review in the Neighborhood Convenience District shall be permitted by special review in this district unless otherwise listed as a permitted use in district.
B. Building materials sales.
C. Outdoor Advertising Signs (Billboard Signs).
D. Recreation, commercial.
Section 4 Minimum Area, Yard Setbacks, Height Requirements, and Related Requirements.
A.
Lot area 1 Acre
Average lot width
Interior lot 100 feet
Corner lot 100 feet
Minimum lot width 50 feet
Minimum lot depth 150 feet
Front yard setback 25 feet from any street or private road right-of-way.
Rear yard setback
Principal buildings 20 feet
Accessory buildings 10 feet
Side yard setback
Interior lot 10 feet
Special Circumstances See ‘E’ below
Maximum building height 30 feet
B. A landscaped area of at least ten feet in width shall be provided adjacent to any street or private road abutting the commercial site.
C. If across a street or private roadway from a residential district, a landscaped area not less than twenty-five feet in width shall be provided paralleling the street or private roadway.
D. A landscape screen or solid fence at least six feet in height shall be installed on the commercial property when abutting or adjacent to any residential property.
E. When abutting a residential district, the yard between the zone district boundary and any building shall be three times the height of the proposed building.
F. Curb cuts may be permitted through the landscaped area. (The minimum curb cut width is 24 feet and the maximum curb cut width is 36 feet.)
Section 5 General Provisions
Uses of land in this district shall also conform to the parking, loading, signing and other provisions of this resolution.
Article 13 Light Industrial District (LI)
Section 1 Intent
This district is intended to serve industrial activities within and adjacent to existing communities. The uses are not obnoxious and are fully enclosed or screened from public view, with proper design, landscaping and traffic control.
Section 2 Uses Permitted by Right
A. Any manufacturing, processing, fabrication or warehousing activity that is completely confined within a closed building and does not normally emit noise, smoke, or odor outside of the building.
B. Gas storage and distribution.
C. Oil and gas drilling.
D. Printing and newspaper facilities.
E. Recreation, public.
F. Related commercial activities such as offices, restaurants, or gas stations and other commercial activities that primarily serve industrial activities.
G. Religious facilities and quarters.
H. Train depots.
I. Utility offices and storage yards.
J. Sewage and waste water treatment facilities, and water storage and treatment facilities.
Section 3 Conditional Uses Permitted by Special Review (see Article 20)
A. Airports and landing strips.
B. Implement sales and service.
C. Planned unit development (industrial).
D. Power generating.
E. Those industrial uses which normally are associated with noise, odor or smoke, but due to site or method of design, can be compatible with the intent of the district.
Section 4 Minimum Area, Yard Setbacks, Height Requirements, and Related Requirements.
A.
Lot area 1 Acre
Average lot width
Interior lot 100 feet
Corner lot 100 feet
Minimum lot width 50 feet
Minimum lot depth 150 feet
Front yard setback 25 feet from any street or private road right-of-way.
Rear yard setback
Principal buildings 20 feet
Accessory buildings 10 feet
Side yard setback
Interior lot 10 feet
Special Circumstances See ‘E’ below
Maximum building height 40 feet
B. A landscaped area of at least ten feet in width shall be provided adjacent to any street or private road abutting the industrial site.
C. If across a street or private roadway from a residential district, a landscaped area not less than twenty-five feet in width shall be provided paralleling the street or private roadway.
D. A landscape screen or solid fence at least six feet in height shall be installed on the industrial property when abutting or adjacent to any residential property.
E. When abutting a residential district, the yard between the zone district boundary and any building shall be three times the height of the proposed building.
F. Curb cuts may be permitted through the landscaped area. (The minimum curb cut width is 24 feet and the maximum curb cut width is 36 feet.)
Section 5 General Provisions
Use of land in this district shall also conform to the parking, loading, signing and other provisions of this resolution.
Article 14 Heavy Industrial District (HI)
Section 1 Intent
It is intended that this district serve the heavier industrial uses requiring heavy truck traffic, and creating noise, smoke and odor. This district will frequently serve the needs of agricultural related business. It is also intended to be used within and adjacent to existing communities.
Section 2 Uses Permitted by Right
A. All those uses that meet the requirements of the light industrial district and are listed as permitted uses.
B. Those manufacturing, processing and warehousing activities that generate heavy truck traffic, noise, smoke or odor which cannot be maintained on the site. These obnoxious characteristics shall be maintained within the boundaries of this heavy industrial district.
Section 3 Conditional Uses Permitted by Special Review (see Article 20)
A. Alfalfa dehydrators.
B. Auto wrecking yards and other salvage operations.
C. Cement, lime or gypsum processing.
D. Chemical plants.
E. Fertilizer manufacturing.
F. Planned unit developments (industrial).
G. Slaughter houses.
H. Stockyards.
I. Tanneries.
Section 4 Minimum Area, Yard Setbacks, Height Requirements, and Related Requirements.
A.
Lot area 1 Acre
Average lot width
Interior lot 100 feet
Corner lot 100 feet
Minimum lot width 50 feet
Minimum lot depth 150 feet
Front yard setback 25 feet from any street or private road right-of-way.
Rear yard setback
Principal buildings 20 feet
Accessory buildings 10 feet
Side yard setback
Interior lot 10 feet
Special Circumstances See ‘E’ below
Maximum building height 40 feet
B. A landscaped area of at least ten feet in width shall be provided adjacent to any street or private road abutting the industrial site.
C. If across a street or private roadway from a residential district, a landscaped area not less than twenty-five feet in width shall be provided paralleling the street or private roadway.
D. A landscape screen or solid fence at least six feet in height shall be installed on the industrial property when abutting or adjacent to any residential property.
E. When abutting a residential district, the yard between the zone district boundary and any building shall be three times the height of the proposed building.
F. Curb cuts may be permitted through the landscaped area. (The minimum curb cut width is 24 feet and the maximum curb cut width is 36 feet.)
Section 5 General Provisions
Use of land in this district shall also conform to the parking, loading, signing and other provisions of this resolution.
Article 15 Open District (O)
Section 1 Intent
Certain areas in the County, particularly flood plains, should not be intensely developed, since development of structures could risk life or damage property. Besides risking the lives of those living in a flood plain. Use of land for most purposes not requiring permanent structure is acceptable as listed below. This district then will help protect life and property from future hazardous conditions.
Section 2 Uses Permitted by Right
The following open uses, generally not required structures, shall be permitted. Accessory farm structures may be located within this district, however, to extent practical, the longest dimension of the structure should parallel the river and be located on the nearest available high ground. It should be understood that any use in this district could be severely damaged by flooding. Furthermore, it is not implied in any way that adjacent districts are free from flood hazard.
A. Animals, the raising, breeding and grazing of animals (including but not limited to cattle, poultry, sheep, swine, and rabbits). See Section 3 special review, below, for certain locations and Article 20, Section 5 for additional criteria.
B. Apiaries.
C. Crops, the raising, storage and sale of items raised on site (including but not limited to dry land and irrigated farming, truck farming and sod farming).
D. Fish hatcheries.
E. Flood control and irrigating facilities.
F. Historic preservation areas (public) and related user services.
G. Oil and gas drilling and transmission.
H. Roadside stands selling products produced on site.
I. Utility substations, transmission lines, transmission relay stations (including radio towers and excluding office, repair or storage facilities).
In addition, the following uses are permitted if they are fourteen (14) feet or more above the South Platte River elevation and ten (10) feet or more above the North Platte River elevation. (Furthermore, this section in no way suggests that flooding will not occur at these or higher elevations. Based on existing flood data, it is only assumed that structures higher than these fourteen (14) or ten (10) feet elevations above the river will more than likely escape flood damage.)
A. Religious facilities and quarters.
B. Residences as permitted in Article 5, Section 2.
C. Schools public and private (non-profit).
D. Water storage and treatment.
Section 3 Conditional Uses Permitted by Special Review
The following conditional uses may be permitted; however, it will be necessary for the applicant to prove that the proposed use will not be materially damaged by floods, or that flooding damage will not increase as a result of proposed project.
A. Airports and landing strips.
B. Asphalt plants.
C. Campgrounds.
D. Concrete batch plants.
E. Junk and salvage yards.
F. Kennels.
G. Power generation facilities.
H. Recreation and park facilities (private, not include any type of housing except a residence for security purposes).
I. Sand and gravel and other mining operations (see Article 18).
J. Sanitary landfill operations.
K. Sewage and wastewater treatment facilities.
L. Tourist information.
Section 4 Minimum Area Yard Setbacks and Height Requirements.
Lot area 5 acres
Average lot width
Interior lot 250 feet
Corner lot 300 feet
Minimum lot frontage 50 feet
Minimum lot depth 350 feet
Front yard setback 50 feet
Rear yard setback
Principal buildings 25 feet
Accessory buildings 5 feet
Side yard setback
Interior lot Equal to height of proposed structure
Corner lot 30 feet
Maximum building height 40 feet
Section 5 General Provisions
The use of land in this district shall also conform to the parking, signing and other provisions of this resolution.
Article 16 Historic District (Overlay)
Section 1 Intent
A geographically defined area possessing a significant concentration or continuity of land marks, improvements, or landscape features united by historic events or by physical development, and which area has been designated as an historic landmark district; said district may have within it’s boundaries noncontributing buildings or other structures that while not of such historic and/or architectural significance to be designated as land marks, never the less contribute to the overall visual character of the district.
Section 2 Uses Permitted by Right
The Historical zoning section shall, upon establishment by the same zoning procedures as uses for other land use changes, and which area has been designated as a historic landmark district by the National Register of Historic Places and/or Nebraska State Historical Society.
A. Those uses allowed by right and by permitted conditional uses in the ‘A’ Agricultural District.
B. Historical sites.
C. Directional and information signs related to the museum.
Section 3 Permitted Conditional Uses
A. Caretakers quarters
B. Commercial uses operated by the museum foundation.
C. Concessions related to the operation of the museum.
D. Farm storage buildings over 40 feet in height.
E. Museums.
F. Museum contrails not to exceed 190 feet.
G. Museum visitors’ observation, hiking and bike trails.
H. Public related users’ services (parking and transportation).
I. Tourist information operated by the museum.
J. Transmission and distribution electric lines.
Article 17 Planned Unit Development District (Overlay)
Section 1 Intent
It is the intent of the Article to augment normal zoning requirements by achieving the following:
A) To encourage innovations in residential, commercial and industrial development and renewal so that the growing demands of the population may be met by greater variety in type, design and layout of buildings and by the conservation and more efficient use of open space ancillary to said buildings.
B) To encourage a more efficient use of land and of public services, or private services in lieu thereof, and to reflect changes on the technology of land development so that resulting economics may ensure the benefit of those who need homes.
C) To lessen the burden of traffic on streets and highways.
D) To encourage the building of new neighborhoods incorporating the best features of modern design.
E) To conserve the value of the land.
F) To provide a procedure that will relate the type, design and layout of residential, commercial and industrial development to the particular site, thereby encouraging preservation of the sites natural characteristics.
G) To encourage integrated planning in order to achieve the above purposes and in order to achieve the objectives of the Keith County Comprehensive Plan.
Section 2 General Requirements
The owner or owners of any tract of land may submit to the County a plan for the use and development thereof for residential, commercial, or industrial purposes in the appropriate districts with the following minimum area requirements:
‘A’ District - 75 acres or more in area,
‘RR’, ‘RR2’, or ‘RM’ Districts - 5 acres or more in area,
‘TS’, ‘HD’, ‘NC’, or ‘GB’ Districts - 5 acres or more in area,
‘LI’, or ‘HI’ Zoning District - 10 acres or more in area
A planned unit development in the ‘A’ Zoning District where cultivated land, grazing land, or environmental sensitive land is preserved, and no new county roads are proposed, may receive a 10% density bonus. The design for such a planned unit development shall accomplish the following objectives:
· Preserve the rural character of the open fields and pastures and natural wooded areas;
· Preserve the natural habitats;
· Preserve natural drainage courses; and
· Preserve the existing natural topography.
A planned unit development shall generally conform to the permitted uses allowed by the underlying district.
Section 3 Procedures
A. All requests for planned unit developments shall be processed under the Conditional Uses Permitted by Special Review and the Subdivision Regulations. In addition to the information required therein, plans and details should be provided as needed to describe the project. The Planning Commission, if deemed necessary, can require additional information if needed to properly evaluate the proposed request.
B. If desired, the applicant may, prior to submitting complete plans, submit a general plan for the subject site. This general plan will define location and density of land uses, access and other schematic concepts to provide a general concept of the project. This general master plan shall be submitted to the Planning Commission for review and comment only. No official action will be taken. The review is for informational purposes only.
C. The final plan and development standards, after approval by the County, shall be recorded in the County Clerk and Register of Deeds office. Thereafter, all permits issued for development shall substantially conform to the approved recorded planned unit development plans. Deviations from the recorded plans can only occur after reapplication, following the same procedure for new applications.
D. In those instances where land is also intended to be sold, the requirements of the Keith County Subdivision regulations shall also be met. To the extent logical, planned unit development plans and subdivisions plans can be processed simultaneously.
Section 4 Standards
The following standards and conditions shall apply to all planned unit development plans:
A. Public open space shall be dedicated, or developed as a private park based on the following formula:
Total Gross Density per acre X 2 + 5 = % of public space required. Gross density being total acreage inclusive of streets, cul-de-sacs, utility easements and other like or similar public dedications.
This public open space shall be used for public recreation and open space purposes only. In lieu of dedication of land as set forth hereinabove, the County Commissioners may decide to implement one or a combination of the following policies:
1) The County Commissioners may determine that the planned unit development applicant shall pay the County in cash an amount based upon the average market value of the planned unit development property and based upon the formula as set forth hereinabove. The fee shall be negotiated with the applicant and if the County and the applicant fail to agree on the value of the land, such value shall be fixed by a real estate appraisal by two (2) qualified appraisers who are acceptable to both the applicant and the County. If appraisals are required to satisfy negotiations, the cost of said appraisals shall be the applicant’s responsibility.
2) In lieu of dedicating land within the proposed site. The applicant may dedicate an alternate parcel of land, consisting of the same number of acres which would be required to be dedicated from the proposed planned unit development site based upon the above formula, in another area to which he/she has title which, in the sole and exclusive opinion of the County Commissioners is capable of being utilized for public purposes. In any event, the County Commissioners shall make the final decision. In determining which of the policies to implement, the Planning Commission and County Commissioners shall consider the following:
· The site of the proposed planned unit development and it’s adequacy for accommodating a public use site;
· The public facility aspects of the County Comprehensive Plan;
· The applicable school districts master plan;
· The existing parking and other public uses in the area;
· The topography and geology;
· The location of land within the proposed planned unit development available for public dedication;
· The needs of people in the area; and
· Any other appropriate factors.
B. Common and private open space shall also occur in planned unit development areas at a rate not less than forty percent of the total size.
1) Common private open space as required herein is shared jointly by all planned unit development owners and residents and can be used for recreation or visual open space, but is not used by the general public, and is considered to be that portion of the site not developed as public open space, building pads, storage areas, driveways and parking areas. This is usually areas surrounding the lots that are not a part of the developable lots, outlots surrounding townhouse lots, or outlots dedicated as open space.
2) Private open space as required herein is outdoor space deeded to an individual resident or owner (usually part of the developable lots) of the planned unit development that may be used for personal recreation space, visual relief or for similar purposes by the owner of said space.
C. The applicant shall provide for and establish an organization for the ownership and maintenance of any common open space, or show that there are adequate arrangements for the ownership and maintenance thereof. Approval of the organizational concept shall be part of the approved planned unit development plan.
D. To encourage development of private common area and facilities in a manner usable by adjacent residents, the following incentives shall be applicable:
1) Recreation buildings Each one square foot of building ground coverage is counted as two square feet of open space.
2) Swimming pool (enclosed) Each one square foot of building ground coverage is counted as two square feet of required open space.
3) Swimming pool (open) Each one square foot of water surface is counted as one and one-half square feet of required open space.
4) Tennis court Each one square foot of court is counted as one and one-quarter square feet of required open space.
5) Putting green Each one square foot of putting green is counted as two square feet of required open space.
6) Tot lot or other play equipment Each one square foot of designated lot of equipment is counted as one and one-quarter square feet of required open space.
E. To encourage use of the planned unit development concepts, and to recognize the fact that good residential planning can effectively accommodate more people, densities may be increased in approved planned unit developments over the density permitted outright in each zone at the rate of ten percent over the allowed number of dwelling units based on the underlying district.
E. If approved by the County, a residential planned unit development may include mix of dwelling unit types, reduction in setbacks, and other waivers of zoning and subdivision requirements. Nothing noted in the regulations for the planned unit development is a guarantee of reductions, adjustments, or waivers. Each planned unit development must request the specific reductions, adjustments, and waivers, and each is judged and evaluated on the individual circumstance. Generally the design shall protect the welfare of existing and future residents within and adjacent to the project.
G. The application, when submitted, shall be accepted only when it includes the following information:
1) A certified boundary survey of adequate legal description of the property for which the application is made to adequately define the location of the site.
2) Authorization from the property owner agreeing to submittal of the application if the owner is not the applicant.
3) Date prepared, north arrow, scale, and location of section lines and section corners.
4) Contour lines at intervals not exceeding five feet based on U.S.G.S. data. Spot elevations on a 100-foot grid shall be required to indicate the topography of flat land.
5) Locations, names, tangent lengths, center line radius of each curve and its interior angle and width of all proposed and existing streets, highways, private roadways, and other public ways within and adjacent to the conditional use permit.
6) Location, width, and direction of flow of all watercourses in and adjacent to the conditional use permit, including the limits of any floodplain.
7) Location and size of all existing and proposed septic lines, storm sewer lines, water mains, culverts, fire hydrants and existing power lines and other underground structures or cables within the proposed development and adjacent streets and roads.
8) Lot lines and dimensions of lot lines
9) Lot numbers shall begin with the number 1 and shall continue consecutively through a block with no omissions or duplications. Blocks shall be numbered in the same manner. Letters shall be used to designate outlots in alphabetical order.
10) Proposed areas of open space, both public and private.
11) Location, sizes, and uses of all proposed and existing buildings.
12) The following information shall be submitted with the planned unit development:
a. The name of the planned unit development;
b. The name, address and phone number of the developer;
c. Record owner of the property;
d. The name, address and phone number of the person or company responsible for the preparation of the planned unit development;
e. Complete legal description certified by a surveyor or engineer including the number of acres in the development;
f. Statement of present zoning and proposed use or uses of the property;
g. Profiles and grades of the proposed streets and private roadways;
h. If a public or community septic system is proposed, the size and location of all proposed septic lines including observation holes and any pump stations, and the location and type of any proposed community treatment facility;
i. If individual septic systems are proposed, percolation tests and data based on one test hole per proposed lot or certified information from a soil engineer indicating the estimated percolation rate and suitability of the soil;
j. If a public or community water system is proposed, the location and size of all proposed water mains, fire hydrants, storage facilities, and any extension to existing mains must be shown or to a proposed community well. In the case of a community water system, the proposed well locations, along with data from test wells based on a 10 acre grid of the entire development showing quality and quantity of the water obtained from the test wells, the type of water treatment to be used must be shown and documented. The results of these preliminary tests shall in no way guarantee the quality or quantity of the water to the individual lots and the data obtained shall not be used to imply that an adequate quantity or acceptable quality of water is available for the proposed planned unit development;
k. A complete drainage study including a map of the drainage area and resulting run-off from all land lying outside the limits of the development which discharge storm water into or through the planned unit development, a map showing all internal drainage areas and resulting run-off, proposals as to how the computed quantities of run-off will be handled, and the drainage calculations and computations;
l. A site grading plan showing existing and proposed contours;
m. All deviations from the provisions of these regulations shall be fully noted and the reasons given for said deviations. This shall not imply that the County will grant any deviations, but will evaluate the requests on an individual basis.
13) A statement regarding the applicants approach to providing and improving, if applicable, public roads, parks and other related public improvements.
14) Due to the unusual circumstances related to a particular request, or where an unusual hardship may occur, the Planning Commission or its authorized agent may waive any of the above application requirements. Waivers authorized by the authorized agent must be communicated to the Planning Commission and Board of County Commissioners. Waivers by the authorized agent do not preclude the Planning Commission or the County Commissioners from requiring said information at a later date.
G. An application fee as may be adopted by resolution of the County Commissioners shall be submitted to cover processing and hearing costs.
Article 18 Entryway Corridor Planned Development District (ECPD) (Overlay)
Section 1 Purpose and Intent
The Entryway Corridor Planned Development Overlay District is intended to assure that development in strategic segments of the Highway 26, Highway 30, Highway 61, and Highway 92 corridors take advantage of growth opportunities while maintaining the rural character of Keith County. The district establishes design standards and performance requirements that protect the visual integrity of the corridor and advance the development objectives of Keith County. These objectives include:
· Recognizing the growth and development opportunities created by increasing numbers of visitors and residents attracted to Lake McConaughy.
· Providing design standards that assure that development respect the character of the rural character.
· Maintaining the functioning of Highway 26, Highway 30, Highway 61, and Highway 92 as major regional arterials and preventing the traffic congestion caused by mixing regional and local commercial traffic.
· Provides flexibility that allows a variety of uses, but requires that amenities increase in proportion to the intensity of land use.
The Entryway Corridor Planned Development Overlay District is used in combination with base districts set forth by the Keith County Zoning Regulations. It provides special regulations that modify the standards established by those base districts.
Section 2 Applicability
The standards of the District apply to development projects or proposals that include one or more of the following conditions:
a. Subdivision of land for any purpose.
b. Change of use or introduction of new uses to any parcel or site within the District boundaries.
c. Any new commercial or industrial, or expansion of an existing commercial or industrial use that increases the gross floor area of a building devoted to such use by 50%, or the site area devoted to such use by 25%.
e. Any use that includes the development or expansion of outdoor storage or display areas.
The following uses or projects are considered exempt from the special project review procedures set forth by these standards.
a. Expansion or renovation of existing houses or accessory buildings to existing houses.
b. Expansion of existing non-residential buildings or uses, which add less than 50% to the gross floor area of a building or buildings or 25% of the site area, devoted to such uses.
c. Construction of structures accessory to existing agricultural uses.
Section 3 District Boundaries
The Entryway Corridor Overlay District applies these specified areas as denoted in the Keith County Comprehensive Plan.
Section 4 Permitted Uses
The underlying base district determines uses permitted in the Entryway Corridor Planned Development Overlay District.
Section 5 Project Evaluation
a. Performance Point Evaluation Requirements
All projects, which come under the jurisdiction of special project review under these regulations, shall be required to achieve a minimum score, based on the standards set forth in Section 6, prior to receiving approval for development or construction. The Zoning Administrator, who shall maintain a written record of the evaluation, shall initially evaluate projects. The Zoning Administrator’s project review shall be reviewed and confirmed by the Keith County Planning Commission. The Planning Commission shall also determine that the project is consistent with the objectives of the Keith County Comprehensive Plan. The Planning Commission may approve the project if it determines that:
1. The project has satisfied both the base standards and the performance point’s requirements set forth in this district.
2. The project is consistent with the Keith County Comprehensive Plan.
b. Performance Point Thresholds
In order to receive approval, projects shall achieve the following point totals:
|
Project Type |
Performance Point Requirements |
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|
|
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Residential Uses or Subdivisions
|
25 |
|
Mixed Use Projects, incorporating both residential and non-residential uses, in which the secondary use makes up at least 30% of the site area of the total site.
|
50 |
|
Office Uses
|
60 |
|
Commercial Uses
|
70 |
|
Industrial Uses |
Permitted only as an accessory to a primary uses and accounting for less than 20% of the building and site area of the primary use. Inclusion of any accessory industrial uses increases the point requirement of the primary use by 10 points. |
Section 6 Base Standards and Performance Point Awards
a. Setback, Height, and Frontage Requirements
Minimum front yard setbacks shall be 50 feet from the right-of-way of Highway 26, Highway 30, Highway 61, and Highways 92 and 25 feet from any other roadway. Height regulations shall be as provided by the base district. However, projects, which provide no parking, storage, or display in the street yard between the building and the Highway 26, Highway 30, Highway 61, and Highway 92 rights-of-way, are permitted to reduce the front yard setback by up to 25%. This street yard area must be entirely landscaped to utilize this reduction.
Minimum frontage of commercial lots along Highway 61 south of its intersection with Highway 26 shall be 700 feet and 200 feet along Highway 26, Highway 61, and Highway 92 surrounding Lake McConaughy and immediately north of the Highway 61 and Highway 92 junction. The minimum frontage of commercial lots along Highway 30 shall be 200 feet for its entire length.
b. Paved Surfaces or Building Facades Viewed from the Highway
Base Standard: The combined horizontal distance of parking, display, storage areas, and building facades along Highway 26, Highway 30, Highway 61 and Highway 92 shall not exceed 50% of the frontage of the property along the highways. The remaining area shall be landscaped, cultivated, or maintained in native vegetation
Performance Point Bonuses
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Points Awarded |
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|
|
15 |
The combined total is 20% or less of the frontage.
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10 |
The combined total is 21% to 30% of the frontage.
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5 |
The combined total is 31% to 40% of the frontage.
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0 |
The combined total is 41% to 50% of the frontage.
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c. Landscaped Areas
Base Standard: All projects must provide a minimum landscaped area setback of 20 feet from the property line along Highway 26, Highway 30, Highway 61, and Highway 92, or any other public roadway and 5% interior landscaping within any parking lot that provides parking for more than 50 vehicles or open display area in excess of 15,000 square feet. The area of required landscaping shall be calculated according to the following formula:
Landscaped area = (20 x Frontage) + (.05 x parking or display lot area)
Example: If a development is built along a 1,000 foot frontage and includes parking for 50 cars, its required landscaping is (1,000 x 20 feet) or 20,000 square feet plus 5% of the area of the parking lot.
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Points Awarded |
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20 |
Project provides 2 times the base standard of landscaped area.
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15 |
Project provides 1.75 times the base standard of landscaped area.
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10 |
Project provides 1.5 times the base standard of landscaped area.
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5 |
Project provides 1.25 times the base standard of landscaped area.
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0 |
Project meets minimum standards.
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d. Signage
Base Standard: For any individual lot or premise, signage shall comply with the standards established by
Table 6d. In the Entryway District, all detached signs shall be monument or ground signs.
Table 6d
|
Use |
Total Sign Budget per Premise (square feet) |
Maximum Total Signage per Premise (square feet) |
Detached Signs per Premise |
Maximum Size for Detached Sign |
Maximum Wall Area for Attached Signs |
Maximum Sign Height for Detached Signs |
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|
|
|
|
|
|
|
|
Single-Family Residential |
4 |
4 |
0 |
4 |
4 square feet |
6 |
|
Multi-family Residential or Subdivision Entrance Sign |
32 |
32 |
1 |
32 |
32 square feet |
8 |
|
Office or Mixed Use |
0.5 x Street Frontage |
200 |
1 per 500 feet of frontage |
100 |
10% of wall area |
12 |
|
Commercial |
1.0 x Street Frontage |
400 |
1 per 500 feet of frontage |
150 |
20% of wall area |
15 |
|
Points Awarded |
|
|
|
|
|
20 |
Total sign area = 20% or less of permitted sign area |
|
15 |
Total sign area = 20% to 40% of permitted sign area |
|
10 |
Total sign area = 40% to 60% of permitted sign area |
|
5 |
Total sign area = 60% to 80% of permitted sign area |
|
0 |
Total sign area = 80% to 100% of permitted sign area |
e. Parking in Street Yards
Base Standard: A maximum of 60% of the parking for a project can be located in the Highway 26, Highway 3, Highway 61, and Highway 92 street yard, defined as the area between the horizontal face of a building and the facing of Highway 26, Highway 30, Highway 61, and Highway 92 right-of-way lines.
Performance Point Bonuses
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Points Awarded |
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20 |
10% or less of the project’s parking is located in a street yard |
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15 |
11%-20% of the project’s parking is located in a street yard |
|
10 |
21%-35% of the project’s parking is located in a street yard |
|
5 |
36%-50% of the project’s parking is located in a street yard |
|
0 |
51%-60% of the project’s parking is located in a street yard |
.
f. Access to Sites
Base Standard: Access to any project shall be accomplished in one of two ways:
A highway access point approved by the Nebraska Department of Roads. No such access shall generally be closer than 1,320 feet from any other point of access; or
An access road typically set back at least 200 feet from the right-of-way lines of Highway 26, Highway 30, Highway 61, and Highway 92 and providing access to the property opposite Highway 26, Highway 30, Highway 61, and Highway 92. The intersection of the access road and any other road or drive leading to Highway 26, Highway 30, Highway 61 and Highway 92 at least 300 feet back from the intersection of such road and the highway.
g. Impervious Coverage and Storm water Management
1. Base Standard: Impervious Coverage, defined as the ratio of paved areas and building footprints to overall site area for projects shall not exceed the following maximum limits:
|
Type of Use |
Maximum Impervious Coverage (as a % of total site area) |
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|
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Residential with lot sizes over one acre |
20% |
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Residential with lot sizes under one acre |
30% |
|
Office Uses |
40% |
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Commercial Uses |
50% |
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Points Awarded |
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|
|
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20 |
Impervious coverage is 50% or less of the permitted maximum. |
|
15 |
Imper I Impervious coverage is 51% to 60% of the permitted maximum
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|
10 |
Impervious coverage is from 61% to 70% of the permitted maximum. |
|
5 |
Impervious coverage is from 71% to 85% of the permitted maximum. |
|
0 |
Impervious coverage is from 86% to 100% of the permitted maximum. |
h. Displays
Items on outdoor display must be set back at least 75 feet from the edge of the Highway 26, Highway 30, Highway 61, and Highway 92 rights-of-way and may not be located within required landscaped areas. Such items shall be arranged so as not to parallel the highway right-of-way at a constant distance. The average setback of displayed items shall be at least 1.25 the setback of the item on display closest to the highway right-of-way.
i. Incentives and Bonuses
Projects may earn development points by providing special design features or amenities. Points shall be awarded up to a maximum number on review by the Zoning Administrator subject to standards and guidelines established defined in Table 6j below.
Table 6i
Incentives for Development of Amenities
|
Feature |
Point Range |
Evaluation Features |
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Pedestrian/Bicycle Trail Access |
0-15 |
Presence of future connections to a trail developed along or near Highway 26, Highway 30, Highway 61, and Highway 92. |
|
Building Articulation |
10 |
Frequency in breaks of long building walls. To receive credit, building facades should be offset by a minimum of five feet for every 100 feet of horizontal distance. |
|
Building Materials |
0-15 |
Use of brick or building stone in the facade of buildings. Scores vary as follows: 5 points if up to 30% of the façade area is in brick or stone
10 points if 31% to 50% of the façade area is in brick or stone
15 points if over 50% of the façade area is in brick or stone |
|
Use of Pitched or Gabled Roofs |
0-10 |
Score vary as follows: 5 points if roofs with a minimum roof pitch of 1:5 account for 50% to 75% of the roof area of the building.
10 points if roofs with a minimum roof pitch of 1:5 account for 76% to 100% of the roof area of the building. |
|
Creation of New Environmental Features |
0-20 |
Creation of new water bodies, managed wetlands, and areas of special vegetation. |
Section 7 Procedures for Approval
Developments that are consistent with the land use regulations specified in this Ordinance are reviewed by the Zoning Administrator and confirmed by the Planning Commission, subject to the following procedures:
1. The applicant shall meet with the Zoning Administrator for the purpose of submitting a pre-application concept plan.
2. The applicant shall apply for Project Evaluation on a form provided by the County. The application shall include the information required by Table 7i and 7ii.
3. The Zoning Administrator shall complete a written evaluation of the project, based on the standards established in Section 6. This review shall determine the number of development points that shall be awarded to the project. If the project earns the required number of points, the Zoning Administrator shall issue a Certificate of Conditional Approval of the project.
The Planning Commission shall review this Certificate as part of the approval process. The Planning Commission’s review and approval of a project shall be based on its factual review of the findings of the Zoning Administrator: and its findings of the project’s consistence with the Lake Corridor Land Use Plan. All subsequent building and development permits shall be issued in concordance with the approved development plan.
4. A denial of the project based on failure to earn the required number of development points or inconsistency with the Land Use Plan shall be transmitted to the applicant. The applicant may either modify the project or appeal the decision of the Zoning Administrator or the Planning Commission to the Keith County Board of Adjustment. Protestors of the project may also appeal a finding of the Planning Commission by submission of a valid protest petition.
5. In the event of appeal, the Board of Commissioners, after proper notice, shall hold a public hearing and act upon the application. Proper notice shall mean the same notice established for a zoning amendment.
Table 7i
Application Requirements within the Entryway Corridor Planned Development Overlay District
|
Application Requirement |
Applications Consistent with Land Use Regulations |
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Location, size, legal description of site |
■ |
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Location and description of major site features, including tree masses, drainageways, wetlands, soils. |
■ |
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Location of 100-Year Floodplains |
■ |
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Generalized land use plan. |
■ |
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Proposed types and densities of development. |
■ |
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Generalized internal and external transportation and circulation system, including pedestrian and bicycle system. |
■ |
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Statistical summary of the project, including gross and net site area, number of housing units by type, gross floor area of other uses, total amount of parking, and building and impervious surface coverages. |
■ |
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Site master plan, including general envelopes of buildings, parking, open space, and other site features. |
■ |
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Description and location of all use types included in the project, including maximum floor areas devoted to each use. |
■ |
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Location and design of vehicular, bicycle, and pedestrian circulation systems, including relationship to external transportation system. |
■ |
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Schematic location and development standards for open space, including conceptual landscape plan. |
■ |
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Grading plan, including erosion control plans. |
■ |
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Location of existing and proposed utilities, sanitary sewers, storm water facilities, and water, gas, and electrical distribution systems. |
■ |
|
General locations and sizes of signs and street graphics. |
■ |
■ Required for all applications Required if submitted for credit toward development points
Table 7ii
Application Requirements within the Entryway Corridor Planned Development Overlay District
Application Requirement |
Applications Consistent with Land Use Regulations |
|
Proposed site development regulations, including the ratio of building area to site area, building and impervious coverage, setbacks, maximum heights, and other design standards specific to the project. |
|
|
Detailed site plan, displaying specific location or building envelope limits for all major site structures: location of open spaces: parking facilities. |
■ |
|
Exterior building elevations if applicable for evaluative purposes |
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Detailed open space and landscape plan. |
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Utility plans for all proposed utility improvements. |
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Location, size, style, and lighting of signage, including directional and signage control. |
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Location and design of proposed site lighting. |
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|
Proposed public and private ownership boundaries, including proposed private lots and common ownership areas. |
■ |
■ Required for all applications Required if submitted for credit toward development points
Article 19 General Provisions
Fences, hedges, walls, shelterbelts and windbreaks may be permitted in various districts as an accessory use in accordance with the following limitations:
A. No solid fence in any district other the ‘A’ Agricultural District shall exceed six feet in height except as necessary to comply with subsection G below.
B. Residential Districts and Subdivisions. Fences, hedges, trees, and walls in a residential district will require a forty-foot clear area at all road intersections. Public signs are excepted. No fence of solid type material (wood or metal construction) shall exceed six feet in height. All fences may be constructed on or near the property line. No sharp or barbed wire will be used without Conditional Use Permit approval except in the Agricultural District.
C. No wall, exceeding three feet in height or advertising sign shall be located within one hundred feet of any county road right of way in Agricultural Rural Areas, excluding residential, commercial and industrial subdivisions. If less than one hundred feet a conditional use permit shall be required. Hedges, shrubbery, shelterbelts and windbreaks established in the Agricultural Rural Areas shall be planted in conformance to the General Design Guidelines as set forth by the NRCS: August 2002; NE – T – G Notice 528 adopted by reference herein.
D. No ponds, dams, waste lagoons and tail water recovery pits shall be constructed within 50 feet of Keith County road right-of-way without the approval of the Keith County road superintendent and a permit issued by the Keith County Planning and Zoning Department.
E. Ornamental fences, walls, and hedges not more than two and one-half feet in height shall be permitted in the front yard of any district.
F. Fences, hedges, and walls higher than two and one half feet shall be set back from the front lot line three feet for each foot of fence height exceeding two and one-half except in the Agricultural District.
G. All outdoor swimming pools shall be enclosed by a fence or wall at least six feet but not more than eight feet in height with a gate or gates which are self-closing and locking.
Section 2 Accessory Uses
Accessory buildings, structures and uses normally related to the primary use or uses on the lots are permitted, so long as they meet the minimum district requirements.
Section 3 Outside Storage
Automobiles which are no longer operable for travel on public highways, scrap or metal, paper, building material and equipment, bottles, glass, appliances, furniture, bed and bedding, rags and rubber shall not be permitted to accumulate in any zoning district, except the ‘A’ Agricultural District, unless otherwise provided herein, or unless they are screened from public view from adjacent properties, streets, roads, or highways.
Section 4 Supplementary Lot Area and Lot Width Regulations
A. Where an individual lot was held in separate ownership from adjoining properties, or was platted prior to the effective date of this resolution in a recorded subdivision and has less area or less width than required in other sections of this resolution, such a lot may be occupied according to the permitted uses provided for the district in which the lot is located. Yard setbacks maybe adjusted by the Zoning Administrator by finding that the requested yard setbacks are appropriate and conforming to the general yard setbacks of the surrounding properties.
B. For the purpose of complying with the provisions of this resolution, no part of an area or width of a lot shall be included as an area or width required for another lot.
C. No lot shall have a front lot line of street frontage of less than forty feet, unless approved by the Keith County Planning Commission and the Keith County Board of County Commissioners.
D. All lots shall have a minimum depth to width ratio of no more than 3 times the depth to the 1 times the width.
Section 5 Supplementary Yard Regulations
A. Accessory buildings: Permitted accessory buildings may occupy no more than 50% of the required side and rear yard setbacks, provided such accessory buildings are located at least five feet from any property line and located at least six feet from another building.
B. Architectural features: Cornices, canopies, eaves or similar architectural features may extend into a required yard not more than two feet.
C. Developed areas: In any district where lots comprising 50% or more of the frontage on one side of a street between intersecting streets have been improved with buildings at the time of passage of this resolution, the average front yard of setback of such buildings shall be the minimum front yard setback required for all new construction in such block. In no instance shall the setback be less than ten feet.
D. Fire escapes: Fire escapes may extend into a required yard not more than six feet.
E. Patios and uncovered porches: Patios and uncovered, unenclosed porches may extend into a required front or rear yard not more than six feet and a side yard of not more than three feet.
F. Reduction: No part of a yard required for any building for the purpose of complying with the provisions of this resolution shall be included as a yard for another building and all yards shall be open and unobstructed except as otherwise provided herein.
Section 6 Supplementary Building Height Regulations
A. All dwellings shall be constructed with at least 50% of the roof surface higher than seven (7) feet from grade.
B. It shall be unlawful to construct, build or establish any buildings, trees, smokestacks, chimney, flagpole, wire, tower or other structure or appurtenance thereto which may constitute a hazard or obstruction to the safe navigation, landing and take off of aircraft at a public used airport.
C. Approvals of buildings of heights greater than permitted herein may occur when approved by the County with a Conditional Use Permit.
Section 7 Non-Conforming Uses and Buildings
Except as otherwise provided in this resolution, the lawful use, location, height and size of any building or parcel of land existing at the time of enactment of this resolution, or of any amendments to this resolution, may be continued even though such use, location, height or size does not conform to the requirements of the resolution. The following conditions shall apply to such non-conforming use:
A. Ordinary repairs and maintenance of a non-conforming building shall be permitted. Said repairs and maintenance shall in no way make the building less conforming than exists prior to such repairs and maintenance.
B. A non-conforming building that has been damaged by fire or other natural causes may be restored to its original condition or level of non-conformity.
C. A non-conforming use may be changed to a use that is more conforming. (Example: an industrial use in a residential area could be changed to commercial use and be considered more nearly conforming to the residential district uses).
D. A non-conforming use or building cannot be expanded in any way that expands the degree of non-conformity (except the use may be expanded within the same building if the building was designed for such expansion and no structural alterations are required).
These regulations shall not apply to a Lot of Record at the time of adoption of these regulations.
Section 8 Utility Substations and Transmission Lines
Utility substations and transmission lines are permitted in all districts so long as they are required and permitted by and meet the regulations of the Nebraska Public Service Commission and the Nebraska Power Review Board.
Section 9 Governmental Facilities
Recognizing that there are instances when governmental facilities are necessary to serve the public, governmental facilities are permitted in all districts with the assumption that the governmental agency will take the surrounding land uses into consideration when designing the location of the facilities.
Section 10 Temporary Uses
A. A temporary permit may be obtained from the Planning Commission (or its authorized staff representative) upon the filing of an application requesting a temporary use and accompanied with an application fee. Temporary stands, structures, motor vehicles and trailers shall be removed on the date of termination of the permit unless a specific date is stated herein. Temporary structures shall be shown to be so constructed as not to constitute a fire hazard or hazard to the health or safety of the public prior to issuance of the permit. Such temporary stands or structures shall not be constructed of materials which are substantially deteriorated, nor shall any of the above temporary stands, structures, motor vehicles or trailers be allowed to deteriorate to the point where they shall constitute a fire or other hazard to the health, safety or welfare of the public.
B. The following uses may be allowed by temporary permit and need not be enclosed within a building:
1) Temporary construction yard or building for construction materials and equipment, mobile homes for office use, and concrete batch plants, when incidental and necessary for construction. Each permit shall specify the location of the building, mobile home office, yard or batch plant.
2) Temporary office incidental and necessary for the sale of new construction by the permittee. Each permit shall specify the location of the office and the area within which such sales may be made.
3) Mobile homes may be used for temporary living quarters incidental and necessary for the construction of a residence on the property.
4) Each permit shall be valid for a period of not more than six calendar months and may be renewed for three successive six months period at the same location.
C. Temporary group assemblages of five hundred of more persons and on public or private lands not currently improved for such group assembly (improved means having adequate improved parking, permanent restrooms, permanent water supply and permanent fixed buildings or structures to house a large group) shall only permitted after public hearing has been held by the County Commissioners and they have approved, or conditionally approved, the request for such temporary use shall be submitted at least thirty days (30) prior to said assemblage to the County Clerk who shall set a hearing date and notify property owners. The application should include the written authorization of the property owners, a legal description of the property, a description of the proposed use or activity and a description of the facilities to be provided to serve the crowd; example: water, restrooms, parking, trash collection and removal, police protection and others as may be appropriate. An application fee shall be submitted with the request. The fee may later be returned in part or in total if so ordered by the County Commissioners. The County Commissioners shall, after hearing the matter, approve with conditions or deny the request. Conditions of approval if applied may include those conditions deemed necessary to protect the public health, safety and welfare.
Section 11 Home Occupations
A home occupation may be allowed as a permitted accessory use provided all of the following conditions are met;
A. Such use shall be conducted entirely within a dwelling and carried on by the inhabitants living there and no others.
B. Such use shall be clearly incidental and secondary to the use of the dwelling for the dwelling purposes and shall not change the character thereof.
C. The total area used for such purposes shall not exceed one-half the floor area of the user’s dwelling unit.
D. Any sign shall be limited to a two foot square, non-illuminated, non-animated sign attached to the dwelling except in Agriculture District.
E. There shall be only incidental sale of stock, supplies, or products of the use conducted on the premises.
F. There shall be no exterior storage on the premises of material or equipment used as a part of the home occupation.
G. There shall be no offensive noise, vibration, smoke, dust, odors, heat, or glare noticeable at or beyond the property line.
H. A home occupation shall provide additional off street parking area adequate to accommodate all needs created by the home occupation.
I. In particular, a home occupation may include, but not limited to the following, provided all requirements contained herein are met: art studio, beauty and barber shops, dressmaking or millinery work, professional offices, teaching, and bed and breakfasts renting rooms to no more than two persons per dwelling in the Residential Rural and Residential Rural Two Districts and four persons in the Agricultural District.
J. A home occupation shall not be interpreted to include the following: photo studios, dance studios, antique sales, animal hospitals or clinics, medical or dental clinics, mortuaries, any type of solely retail sales, display showrooms, restaurants and animal grooming parlors.
Section 12 Lake Area
The Keith County-Lake McConaughy area provides a natural setting for wildlife and yet provides recreation for the people. The following standards are intended to accomplish the following:
· Preserve the open space required for the wildlife of the area.
· Control traffic upon streets and roads.
· Preserve an individual site's natural characteristics.
· Provide for orderly development.
· Encourage integrated planning to achieve the objectives of the Keith County Comprehensive Plan.
· Protect the water quality and quality of the Lake area.
A. Standards:
The standards contained in Article 19 Section 12 of the Keith County Zoning Regulations shall apply to portions of the following areas of Keith County:
o Sections 3, 7, 8, 9, an 10 - Township 14 North - Range 39 West
o Sections 2, 3, and 12 - Township 14 North - Range 39 West
o North ½ of Section 11 - Township 14 North - Range 39 West
o North ½ and the North ½ of the South ½ of Sections 4, and 5 - Township 14 North - Range 39 West
o Sections 32, and 33 - Township 15 North - Range 39 West
o North ½ and the North ½ of the South ½ of Section 31 - Township 15 North - Range 39 West
o North ½ and the North ½ of the South ½ of Section 36 - Township 15 North - Range 40 West
o Sections 16, 17, 18, 21, 22, 23, 25, and 26 - Township 15 North - Range 40 West
o North ½ of Section 27 - Township 15 North - Range 40 West
o North ½ of Sections 19, and 20 - Township 15 North - Range 40 West
o North ½ of Section 24 - Township 15 North - Range 41 West
o Section 8, 9, 10, 11, 13, and 14 - Township 15 North - Range 41 West
o North ½ of the North ½ of Section 16 - Township 15 North - Range 41 West
o North ½ of Section 15 - Township 15 North - Range 41 West
o All areas south of Nebraska highway 92 and north of the 3282 foot high-water elevation of Lake McConaughy
o All areas south of the Union Pacific Rail Road right of way in Section 21 - Township 15 North - Range 38 West
o Sections 28, and 34 - Township 15 North - Range 38 West
o South ½ of the South ½ and the West ½ of the West ½ of Section 27 - Township 15 North - Range 38 West
The above areas shall hereinafter be referred to as the Lake Area.
B. Open space shall be established within subdivisions within the Lake area. Open space is defined as land upon which no structures, fences nor hedges may be placed, and over which the general public may have access.
C. Within the Lake area, the condition shall determine, based upon the terrain and contour of the site, the spacing and the type of open space shall be determined by the formula contained in the Planned Unit Development Overlay District of the Keith County Zoning Regulations.
D. Before approval by the Commission use of the open space, for pedestrian use only, for vehicular use only, or both, must be determined.
E. All roads within a subdivision within the lake area must lead from a public road and must comply with the road standards of Keith County that are in effect at the time.
Section 13 – Well Head Protection Areas
Within those Well Head Protection Areas approved and regulated by the Nebraska Department of Environmental Quality, any proposed septic systems, sanitary waste water systems, animal feeding operations (both confined and open), sanitary land fills, slaughter houses, livestock auction houses, or similar use that may contaminate the ground water, shall only be allowed under Article 20 – Conditional Uses Permitted by Special Review.
Intent: It is the intent of this Section to promote the safe, effective and efficient use of commercial and non commercial wind energy systems while protecting the public safety, welfare and economic base of Keith County.
Section 14 – Wind Energy Systems
Section 1. General Standards:
A. Clearance of rotor blades or airfoils for commercial/utility Wind Energy Systems (WES) must maintain a minimum of 20 feet of clearance between their lowest point and the ground. Non commercial WES shall have a minimum clearance of 12 feet between their lowest point and the ground.
B. On site signage shall be limited to identification signs not to exceed six feet and high voltage warning signs.
C. All wind turbines part of a commercial/utility WES shall be installed with a monopole tower.
D. All commercial/utility WES shall obtain a FAA permit and comply with all aviation warning requirements established by the FAA regulations and permit.
E. All commercial/utility WES shall be white, grey or other neutral non obtrusive, non reflective color. Blades may be black in order to facilitate deicing.
F. All on site communication and transmission feeder lines installed as part of the commercial/utility WES shall be underground.
G. Commercial/utility WES shall not exceed 50 dba at the nearest occupied dwelling.
H. Commercial/utility WES shall obtain FCC permits where necessary and provide evidence of permit approval.
I. The commercial/utility WES, at the time of application for a conditional use, shall identify all county roads to be used for construction and maintenance of a WES. The Conditional Use applicant in coordination with the Keith County Highway Superintendent shall conduct a road condition survey and written report prior to construction. The Conditional Use applicant shall be responsible for restoration of the road(s) and bridges to preconstruction standards as established in the report. The Applicant shall be responsible for the cost of retaining outside engineering firm(s) to evaluate road condition and cost for restoration if so determined by the Keith County Planning Commission.
J. The commercial/utility WES applicant shall be responsible for immediate repair of damage to drainage or irrigation systems stemming from construction, operation or maintenance of the WES.
K. Solid and hazardous wastes, including but not limited to crates, packaging materials, damaged or worn parts, as well as oils, lubricants and solvents shall be removed from the site promptly and disposed of in accordance with all applicable local, state and federal regulations.
L. A commercial/utility WES shall provide a decommissioning plan to the Keith County Board of Commissioners at the time application is made. The plan shall include the method or means of removing the WES and accessory facilities, parties responsible for removal and site cleanup, evidence of a damage insurance liability policy, schedule for removal not to exceed ninety (90) days from approval of the plan. The Applicant shall set aside ¾ of 1% of each towers’ cost for future decommissioning upon approval of the application by the Keith County Board of Commissioners. The funds are to be placed in a cash escrow account with a local Keith County Bank.
M. A conditional use permit for a commercial/utility WES shall be reviewed each year on the anniversary of issuance. A Conditional Use permit for a commercial/utility WES shall be considered null and void if the WES has not begun within one year following issuance of the WES Conditional Use Permit or produced energy for one year, unless a plan is submitted to the Keith County Planning and Zoning Office outlining the steps and schedule for returning the WES to service.
N. A contractual agreement referred to as a Developers Agreement between Keith County and the Commercial WES developer shall be created and made part of the Conditional Use permit. The Agreement shall detail, road improvements, road reconstruction, additional ROW needs, location of transmission lines, easements, bond and payment requirements.
Section 2. Non Commercial WES
A. Shall be systems installed to provide for full or partial onsite consumption of utility supplied electricity.
B. Setbacks: Non Commercial WES shall be located in the rear yard of all Residential Districts, further; all towers shall adhere to the setbacks found in Table 2.
C. Tower Height: In all districts except the Agricultural District tower heights shall not exceed 30 feet. Any tower exceeding 30 feet shall be required to submit an application for conditional use. In the Agricultural District there is no height limitation except that imposed by FAA regulations.
D. Non Commercial WES shall not exceed 50 dba, as measured at the closest neighboring inhabited dwelling unit. Temporary exceptions may include severe wind storms or power outages requiring higher demand.
E. Compliance with Keith County Building Code:
1. All Non Commercial WES will require a building permit.
2. Permit application will include an engineered drawing showing compliance with nationally recognized building codes. The permit shall include standard drawings of the tower structure, turbine structure, footings, guy wire anchors and a professional engineers stamp.
3. Evidence of Notification to the servicing utility informing the utility that the Non Commercial WES will be connected to the utilities grid.
4. Evidence that Non Commercial WES, when located within 1,320 feet of Lake McConaughy, Lake Ogallala, North Platte and South Platte Rivers, has complied with the requirements found in Checklist #1.
Section 3. Meteorological Towers
A. Shall be towers which are erected primarily to measure wind speed, direction, and record other data relevant to the site of a Commercial WES.
B. Meteorological towers shall be sited according to Table 1.
C. Meteorological towers shall be a Conditional Use and follow the same process as outlined in
Section 4B.
D. Meteorological Towers, permanent or temporary, in excess of 200 feet in height, shall meet all FAA requirements and shall be required to apply for a building permit prior to construction. Meteorological towers less than 200 feet in height shall have the guy wires clearly marked with devices common to overhead transmission lines and shall be required to apply for a building permit prior to construction.
E. Setbacks: all Meteorological Towers shall adhere to the set back established in
Table 2.
Section 4. Commercial/Utility
A. Commercial/Utility WES shall be permitted as Conditional Uses within the districts as seen in Table 1.
B. The request for Conditional Use shall include the following:
1. Name(s) of project applicant.
2. Name(s) of project owner.
3. Legal description of the project.
4. Documentation of land ownership or lease of the property.
5. Site plan showing property lines, setbacks, proposed accessory buildings, wind turbine locations, transmission lines, adjacent subdivisions, homes or other structures, county and service roads, legend and scale, signature of surveyor or engineer.
6. Narrative description of the project including number, type, generating capacity, tower height, rotor diameter, total height of all wind turbines including meteorological towers, height of transmission lines and capacity, lastly proposed users of project.