 501.03 PERMITTED PRINCIPAL USES AND STRUCTURES: The following uses and structures shall be permitted uses, but shall require the issuance of a zoning permit and / or certificate of zoning compliance:
1. Expansion of any confined or intensive animal feeding use and associated waste handling
facilities, existing as of the effective date of this Resolution, when such existing confined or intensive animal feeding use or associated waste handling facility is located less than the minimum setback distances from any existing church, school, public use area or dwelling unit not of the same ownership and on the same premises with such use, provided such expansion shall comply with all of the following limitations:
A. Such expansion will not decrease the distance from the confined or intensive animal feeding use and any church, school, public use area or dwelling unit not of the same ownership and not on the same premises with such use to which the animal feeding use is less than the minimum prescribed separation distances specified in Table 501.05 of this Resolution nor shall such expansion in any other direction result in a separation distance to any other church, school, public use area or dwelling unit not of the same ownership and not on the same premises with such use being less than that specified in said Table 501.05 of this Resolution. In the event one (1) or more impact eagement(s), as defined in Section 303.42 of this Resolution, is granted to the owner of the confined or intensive animal feeding use, any dwelling unit on the premises for which said impact easement is granted shall not be considered when determining compliance with the minimum separation distances specified in Table 501.05. For purposes of this
regulation, a dwelling unit not of the same ownership and on the same premises as the confined or intensive animas feeding use shall be interpreted to mean that such dwelling is an occupied or habitable dwelling and, if vacant and not habitable, would not require more cost than its present assessed valuation to make such dwelling habitable.
B. Such expansion may occur in phases over time, but in no event shall such expansion(s) result in the confined or intensive feeding of more than fifty (50) percent more animal units than the one-time capacity of the use which existed as of the effective date of this Resolution. Any expansion beyond this limitation is prohibited unless a conditional use for expansion in excess of this limitation is authorized as a conditional use by the County Board of Commissioners in accordance with the procedures and requirements for conditional use authorization set forth in Article 10 of this Resolution.
C. Such expansion shall not occur in any area subject to flooding on a one hundred (100) year basis or in any wetland area.
D. If such expansion results in such use being required to obtain a new permit from the Nebraska Department of Environmental Quality, introduction of additional animals shall be prohibited until such permit required to be issued by the Nebraska Department of Environmental Quality or other applicable or successor agency shall have been issued and such use chall be operated at all times in a manner consistent with the requirements of any such required permit and any applicable restrictions of this Resolution.
E. Exceptions to the above stated minimum distance requirements may be approved by conditional use where special types of confined or intensive feeding uses, special types of waste handling facilities and provisions for odor control, special provisions for dust control, topography, prevailing winds, or other factor or combination of factors exist and it is determined by the Board of Commissioners that reduction of this minimum spacing distance will not interfere with the value, use and enjoyment of adjoining and neighboring properties.
Zoning Regulations - Sheridan County Nebraska - 2002 Page 20 |
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