FOR DAKOTA COUNTY, N

1 ZONINGORDINANCESFORDAKOTACOUNTY, NEBRASKAP repared for: DAKOTA county , NebraskaBy: DAKOTA county Joint Planning CommissionDakota county Board of CommissionersWith Assistance from:Siouxland Interstate Metropolitan Planning Council (SIMPCO)Sioux City, IowaFebruary 21, 2006 DAKOTA county Zoning and , , BOUNDARIES, APPLICABILITY, SPECIAL of District of , , Open , Priority of approach and Turning and Hedges, Corner USES AND LOTSS ection nonconforming alterations of nonconforming to a differentnonconforming and discontinuance of certain conforming , ENFORCEMENT, PERMITS, of Planning Commission, Special 23 Section for Building Mobile Home of Building of building Change for Appeal to the Board of Zoning county Zoning 2-21-06iiSection , DISTRICTSSECTION , AGRICULTURAL DISTRICT Permitted Conditional , AGRICULTURAL-RESIDENTIAL Permitted , RESIDENTIAL-RECREATION DISTRICT Permitted Vehicle 36 Section Facility Zone, , BUSINESS DISTRICT Accessory.

2 HIGHWAY SERVICE BUSINESS DISTRICT Permitted Applicable 45 SECTION , LIGHT MANUFACTURING DISTRICT Permitted Excluded 47 Section Accessory county Zoning 2-21-06iiiSECTION , HEAVY MANUFACTURING Permitted Excluded 50 Section Accessory , SPECIAL FLOODHAZARD DISTRICT of for of Zoning for Floodplain FRINGE OVERLAY DISTRICT(INCLUDING AO AND AH ZONES)..58 Section Permitted for the Flood Fringe Overlay 58 SECTION OVERLAY Permitted for the Floodway Overlay for FOR , SPECIAL MOBILE HOME DISTRICT, Permitted and 900 SUPPLEMENTAL , Communications and Telecommunications Energy county Zoning 2-21-061 DAKOTA county , NEBRASKAZONING REGULATIONSRESOLUTIONINTRODUCTIONS ection 101. regulations shall be known as the DAKOTA county Zoning regulations restrict the use of land, the use and location of buildings, height and bulk of buildingsand structures, and area of surrounding yards and courts.

3 These regulations divide the county intodistricts for these purposes. These regulations adopt a map of the county showing boundaries of districtsand classification of such districts. These regulations define certain terms used herein. These regulationsestablish a Board of Adjustment. These regulations provide for changes and amendments to saidregulations and prescribe penalties for the violation of its 102. provision of these regulations shall apply to the unincorporatedterritory of DAKOTA county , Nebraska, except for areas where Cities or Villages are exercising theirextraterritorial regulations have been made in accordance with a1997comprehensive planand recording approved and adopted zoning change requests from 1978 through2004. They are designed to lessen congestion on the streets and roads; to secure safety from fire, panicand other dangers; to promote health and general welfare; to provide adequate light and air; to preventovercrowding of land; and to avoid undue congestion of population.

4 They are also designed to facilitatethe adequate provision of transportation, water, sewerage, schools, parks and other public regulations have been made with reasonable consideration, among other things, to the characterof the district, and its peculiar suitability for encouraging the most appropriate use of land throughoutprescribed unincorporated portions of DakotaCounty, and the interpretation and application, theprovisions of these regulations shall be held to be the minimum requirement adopted for the promotionof the public health, safety, and welfare. Where these regulations impose a greater restriction upon land,buildings, or structures than is imposed or required by existing provisions of law, contract or deed, theprovisions of these regulations shall 105. Non-conforming use ofa building, structure, or land existing andlawful at the time of the enactment of these regulations, or at the time of an amendment to theseregulations, may, except as provided herein, be continued.

5 Such use can continue although such usedoes not conform with the provisions of these regulations or amendment, and such use may be extendedthroughout the same building if no structural alteration of such building is proposed or made for thepurpose of such extension. If such nonconforming use is in fact discontinued for a period of twelvemonths, such right to nonconforming use shall be forfeited and any future use of the building andpremises shall conform to these regulations. The county board may provide in any zoning regulation forthe restoration, reconstruction, extension, or substitution of nonconforming uses upon such terms andconditions as may be set forth in the zoning regulations. The county board may, in any zoningregulation, provide for the termination of non-conforming uses, either by specifying the period orperiods in which non-conforming uses shall be required to cease, or by providing a formula whereby thecompulsory termination of a non-conforming use may be so fixed as to allow for the recovery oramortization of the investment in the county Zoning 2-21-062 RULES, DEFINITIONSS ection 201.

6 The purpose of these regulations, the following rules shall and numbers used singularly shall include the plural and the plural shall include thesingular. Words used in the presenttense shall include the word persons includes a corporation, members of a partnership or other business organization, a committee, board, trustee, receiver or other word shall is word use, occupy, or occupied as applied to any land or building shall be construed to include the works intended, arranged, or designed to be used or 202. the purpose of these regulations, certain terms or words usedherein shall be interpreted or defined as follows, unless the context clearly indicates terms are not defined, they shall have their ordinary accepted meanings within the context whichthey are used. Webster s Third New International Dictionary of the English Language, Unabridged, copyright 1986, shall be considered as providing ordinarily accepted : Shall mean to border on, being contiguous with, or have property or districtlines in common, including property separated by an USE, STRUCTURE OR BUILDING: A subordinate building or use whichcustomarily is incidental to and detached from the main or principal buildings or use of thepremises.

7 Customary accessory uses include, but are not limited to, tennis courts, swimmingpools, detached garages, air conditioners, garden houses, children's play houses, barbecueovens, fireplaces, patios and residential storage OPERATIONS: Farmsteads of forty (40) acres or more, which produce onethousand dollars ($1,000) or more of farm products each (AIRFIELD): Any area which is used or is intended to be used for taking off andlanding of aircraft including helicopters, and any appurtenant areas which are used or areintended to be used for airport buildings or facilities, including open spaces, taxiways and tiedown : A dedicated public right-of -way, other than a street, which provides only a secondarymeans of access to abutting property, the right-of -way of which is 20 feet or less in : As applied to a building or structure, is a change or re-arrangement in thestructural parts of an existing building or structure.

8 Enlargement, whether by extending a side,increasing the height, or moving from one location or position to another, shall be considered WITH DISABILITY ACT (ADA):1990 Federal law designed to providedisabled Americans with equal access to jobs, transportation, public facilities, and , CENTER: An establishment offering five (5) or more amusement devices,including, but not limited to, coin-operated electronic games, shooting gallery, table games andsimilar recreational devices within an enclosed county Zoning HOSPITAL OR CLINIC:An establishment where animals are admitted forexamination, treatment, board or care, by a doctor of Veterinary Medicine. (This does notinclude open kennels.) UNIT: Shall mean the equivalency of 1 slaughter and feedercow, horse; dairy cow; swine weighing 55 lbs or more; 25 weaned pigs weighting less than 55lbs.; 10 sheep; 100 chickens; 50 turkeys or 5 : (See Dwelling, Multiple).

9 LIVING FACILTIES: Shall mean Residences for elderly that provide rooms,meals, personal care, and supervision of self-administered medication. These facilities may alsoprovide other services such as recreational activities, financial services, and REPAIR, MAJOR:Anestablishment primarily engaged in the repair ormaintenance of motor vehicles, trailers and similar large mechanical equipment, including paint,body and fender, and major engine and engine par overhaul, provided it is conducted within acompletely enclosed REPAIR, MINOR:An establishment primarily engaged in the repair ormaintenance of motor vehicles, trailers, and similar mechanical equipment, including brake,muffler, upholstery, tire repair and change, lubrication, tune ups and transmission work,provided it is conducted within a completely enclosed SELF-SERVICE STATION:A portion of property where flammable orcombustible liquids or gases used as fuel are stored and dispensed by the consumer from fixedequipment into the fuel tanks of motor vehicles.

10 Such an establishment may offer for sale atretail other convenience items as a clearly secondary activity and may also include afreestanding car SERVICE STATION: A portion of property whereflammable or combustibleliquids or gases used as fuel are stored and dispensed from fixed equipment into the fuel tanksof motor vehicles. Accessory activities may include automobile repair and maintenance, carwash service, and food YARD: Shall mean the dismantling or wrecking of used motorvehicles or trailers, or the storage, sale, or dumping of dismantled or wrecked vehicles or theirparts. The presence on any lot or parcel of land of two (2) or more vehicles, which, forthe aperiod exceeding thirty (30) days, have not been capable of operating under their own power,and from which parts have been or are to be removed for reuse or sale, shall constitute primafacie evidence of an automobile wrecking yard. (See Junk or Salvage yard). : Shall mean a story of a building having part but not less than one-half (1/2) of itslowest story below basement is counted as a story for the purpose of heightregulations if subdivided and used for dwelling AND BREAKFAST HOME:Shall mean a single-family dwelling which providesovernight lodging for guests on a rental basis, in which the host or hostess resides and in whichpaying overnight guests may be served food.