 conditions of use and shall state the specific violation(s) of such conditions. The owner/ operator of such use shall have thirty (30) calendar days to correct such violation. If the violation is not corrected within such time period, as verified through additional inspection(s) by the Zoning Administrator, the Zoning Administrator shall initiate any and all actions authorized under this Resolution to require compliance with the conditions of use approved by the County Board of Commissioners, including the possible requirements of reducing the waste produced by reduction in the activities generating such waste or in the case of confined or intensive animal feeding uses, reducing the number of animal units on the premises or removal of all animals until such violation(s) have been corrected.
A condition of authorization of any waste handling facility use shall be that the owner(s) / operator of each such use authorized under this Resolution shall agree to comply with any written order of the County Board of Commissioners, up to and including reduction in the activities generating such waste or in the case of confined or intensive animal feeding uses, reduction in the number of animals being feed at the location, to correct any lack of compliance with any conditions of the original or subsequent conditional use authorization detected in any on-site inspection within Thirty (30) calendar days of the date of the written order for compliance issued by the Zoning Administrator. In the event the owner / operator of a waste handling facility use involved in the inspection can present reasonable cause to the County Board of Commissioners that additional time to comply with any order of the Zoning Administrator is needed, the County Board of Commissioners may authorize an extension of time up to, but not exceeding Sixty (60) calendar days. Failure to comply with the order for compliance within the time specified shall result in a further order to cease all activities which result in the generation of waste or in the case of confined or intensive animal feeding uses, the removal of all animals from the premises until such time as compliance with these regulations can be achieved.
The provisions for inspections of confined or intensive animal feeding uses or associated waste handling facilities shall apply to such uses which were in existence as of the effective date of this Resolution only to the extent of determining compliance with the limitations on unauthorized expansion of such facilities, but the provisions for inspections and compliance shall fully apply to any confined or intensive animal feeding use and associated waste handling facility uses which were in existence as of the effective date of this Resolution, if any such use has been expanded in its capacity beyond that which existed as of the effective date of this in accordance with the requirements of this Resolution.
J. In authorizing any confined or intensive animal feeding use and associated waste handling facility use, the County Board of Commicsioners may attach any additional requirement or condition of design or operation of such use, which may be in excess of any requirement or condition of the Nebraska Department of Environmental Quality or the United States Department of Environmental Protection, which will minimize the potential for environmental degradation and/or negative impacts on adjoining and neighboring properties, provided such requirement or condition is based upon scientific fact, which may include recommendations by the Natural Resource District, the Natural Resources Conservation Service, geologists, biological engineers, civil engineers and any other entities with applicable environmental protection expertise and not here say, unfounded public remonstrance or other reason not based on reasonable finding or fact.
K. Exceptions to the minimum separation distance requirements set forth in Table 501.05 of this Resolution may be approved as part of granting of a conditional use where special types of waste handling facility uses, special provisions for odor control, special
Zoning Regulations - Sheridan County Nebraska - 2002 Page 26 |
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