Washington County
Nebraska
Zoning Resolution
No. 2005-19
Adopted by
Washington County, Nebraska
June 14, 2005
Prepared By
Washington County
Nebraska
Zoning Resolution
No. 2005-19
Adopted by
Washington County, Nebraska
June 14, 2005
Prepared By
WASHINGTON COUNTY, NEBRASKA
ZONING RESOLUTION
Washington County, Nebraska
ZONING RESOLUTION
Table of Contents:
Article 1 General Provisions
Article 2 Construction & Definitions
Article 3 General Regulations
non-conformities
lot
yards
accessory buildings
height
recreational equipment storage
screening
sight triangle
manufactured homes
Article 4 Interpretation, District Boundaries & Zoning Map
Article 5 Districts
Previous Districts
A-1, Agricultural Primary
TA-1, Transitional Agriculture
HA, Homestead Agricultural
A-2, Agriculture Commercial
A-LSR, Lot Split Residential
RS-1, Rural Subdivision 1
RS-2, Rural Subdivision 2
RA, Rural Acreage
C-1, Retail Neighborhood Commercial
C-2, Business Park Retail
I-1, Industrial Center
I-2, Agricultural General Industrial
RMD, Residential Mixed Use
CMD, Commercial / Industrial Mixed Use
WPO, Wellhead Protection Overlay
Article 6 Conditional Use Permits
(Zoning Matrix after page 72)
Article 7 Supplemental Regulations
Radio, TV & Wireless Communication Facilities
Sand, Gravel, Mineral, etc. Extraction & storage
Wind Energy Installation
Waste Disposal Sites & Landfills
Home Occupations
Off Street Automobile Storage
Required Parking
Signage
Public Utilities
Lighting Standards
Open Air Sales, Display & Storage
Sanitary Landfill
Paunch Manure
Sludge
Construction & Demolition Waste Disposal
Corn Milling Biosolids
Article 8 Administration & Enforcement
Article 9 Board of Zoning Adjustment
Article 10 Amendments
Article 11 Fees & Sign Deposit
Article 12 Legal Status Provisions
A resolution, consistent with the Comprehensive Development Plan, adopted for the purpose of promoting
health, safety, morals, convenience, order, prosperity, and welfare of the present and future inhabitants of
Washington County, Nebraska, to regulate and restrict the location, height, bulk, number of stories, size of
buildings and other structures, including tents, cabins, house trailers, and automobile trailers; the percentage of
lot areas which may be occupied, building setback lines; size of yards, courts, and other open spaces; the density
of population; the uses of buildings; and the uses of the land for agriculture, forestry, recreation, residence,
industry, and trade, after considering factors relating to soil conservation, water supply conservation, surface
water drainage and removal, or other uses; to divide the County into districts of such number, shape, and area as
may be best suited to carry out the purposes of this resolution to regulate, restrict, or prohibit the erection,
construction, reconstruction, alteration or use of buildings or structures, and the use, conditions of use or
occupancy of land in the unincorporated areas of the County; to provide for the adoption of a zoning map; to
provide for a board of zoning adjustment, its members, powers, and duties; to provide for off-street parking and
loading area requirements; to provide for conditional uses by conditional use permit; to provide for the proper
subdivision and development of land, as provided in the Subdivision Regulations; to provide for non-conforming
uses, to provide for the administration and the enforcement of these provisions, and for the violations of its
provisions and the prescribed penalties, and including among others such specific purposes as:
(1) Developing both urban and non-urban areas;
(2) Lessening congestion in the streets or roads;
(3) Reducing the waste of excessive amounts of roads;
(4) Securing safety from fire and other dangers;
(5) Lessening or avoiding the hazards to persons and damage to property resulting from the
accumulation or run-off of storm or flood waters;
(6) Providing adequate light and air;
(7) Preventing excessive concentration of population and excessive and wasteful scattering of
population or settlement;
(8) Promoting such distribution of population, such classification of land uses, and such
distribution of land development as will assure adequate provisions for transportation, water
flowage, water supply, drainage, sanitation, recreation, soil fertility, food supply, and other
public requirements;
(9) Protecting the tax base;
(10) Protecting property against blight and depreciation;
(11) Securing economy in governmental expenditures;
(12) Fostering the County's agriculture, recreation, and other industries;
(13) Encouraging the most appropriate use of land in the County; and
(14) Preserving, protecting, and enhancing historic buildings, places, and districts, all in accordance
with the comprehensive plan.
WHEREAS Nebraska Revised Reissued Statutes, 1943, Sections 23-114 through 23-114.05 and 23-164 through
23-174.06 as amended, empowers the County to adopt a zoning and subdivision resolution and to provide for its
administration, enforcement, and amendment; and
WHEREAS, the Washington County Board of Supervisors deem it in the interest of the public health, safety,
morals, convenience, order, prosperity, and welfare of said County and its present and future residents; and
WHEREAS, the Washington County Board of Supervisors has adopted a Comprehensive Development Plan
pursuant to Neb. R. R. S. 1943, Sections 23-114 through 23-114.03, as amended, and known as Washington
County Comprehensive Development Plan, 2005, as amended; and
WHEREAS, the Washington County Planning Commission has recommended the division of the unincorporated
areas of the County into districts and recommended regulations pertaining to such districts consistent with the
adopted Comprehensive Development Plan based on a future land use plan designed to lessen congestion on
roads and highways, to secure safety from fire, panic and other dangers, to provide adequate light and air, to
prevent the overcrowding of land, to avoid undue concentration of population, to conserve agricultural land and
values, to facilitate sewerage, schools, parks, and other public needs; and
WHEREAS, the County Planning Commission has given reasonable consideration, among other things, to the
prevailing agricultural and rural characteristics now predominant in the County, to the character of the districts
and their peculiar suitability for the particular permitted uses, with a reasonable understanding of the objective to
conserve the value of lands and improvements while encouraging the development of the most appropriate uses
of land throughout the County; and
WHEREAS, the County Planning Commission has made a preliminary report, held public hearings, submitted
its recommended final report to the County Board of Supervisors; and the County Board of Supervisors have given
due public notice of hearings relating to the Comprehensive Development Plan, to the zoning districts,
regulations, subdivision regulations, and restrictions, and has held such public hearings; and
WHEREAS, The County Board of Supervisors have deemed it necessary to adopt the Comprehensive
Development Plan, the zoning districts, regulations, subdivision regulations, and restrictions for the purpose of
providing for the harmonious development and orderly expansion of growth, for the orderly extension and
planned arrangements of county roads, utilities, for adequate sanitary facilities, for safe and healthy drinking
water, and for reducing flood damage potentials; and
WHEREAS, the requirements of Neb. R.R.S. 1943, Section s 23-114 through 23-124.05, Sections 23-164
through 23-174, and Section 23-174.02, as amended, with regard to the recommendations of the Planning
Commission, the Comprehensive Development Plan, the zoning districts, regulations, subdivision regulations
and restrictions and the subsequent action of the County Board of Supervisors have been met;
NOW THEREFORE BE IT RESOLVED BY THE COUNTY BOARD OF SUPERVISORS OF
WASHINGTON COUNTY, NEBRASKA.
Article 1: General Provisions
This Resolution shall be known, cited, and referred to as the "Zoning Regulations of Washington County, Nebraska."
This Resolution shall be published in book or pamphlet form together with the zoning district map or maps being a part
hereof, and copies shall be filed with the County Clerk of Washington County.
This Resolution shall be in full force and effect from and after its public hearings, adoption, publications, and filing as
provided by the Nebraska R. R. S., 1943, Sections 23-114.03 to 23-114.05 and 23-164 to 23-174.06.
All Resolutions or parts of Resolutions in conflict herewith are hereby repealed.
This Resolution is an updated regulation for Washington County and is consistent with the Washington County
Comprehensive Development Plan and designed for the purpose of promoting the health, safety, morals, convenience,
order, prosperity, and welfare of the present and future inhabitants of Washington County, including, among others,
such purposes as developing both urban and non-urban areas; lessening congestion on streets, roads, and highways;
reducing the waste of excessive amounts of roads; securing safety from fire and other dangers; lessening or avoiding the
hazards to persons and damage to property resulting from the accumulation or runoff of storm or flood waters;
providing adequate light and air; preventing excessive concentration of population and excessive and wasteful
scattering of population or settlement; promoting such distribution of population, such classification of land uses, and
such distribution of land development as will assure adequate provisions for transportation, water flowage, water
supply, drainage, sanitation, recreation, soil fertility, food supply, and other public requirements; protecting the tax
base; protecting property against blight and depreciation; securing economy in governmental expenditures; fostering the
County’s agriculture, recreation, and other industries; encouraging the most appropriate use of land in the County,
preserving, protecting, and enhancing historic buildings, places, and districts. These regulations have been made with
reasonable consideration, among other things, to the character of the district, and its peculiar suitability for encouraging t
he most appropriate use of land throughout the unincorporated portions of Washington County, Nebraska.
These zoning regulations are designed to implement various elements of the Comprehensive Development Plan as
required by state statutes. Any amendment to the district regulations or map shall conform to the Comprehensive
Development Plan adopted by the Washington County Board of Supervisors.
The provisions of this Resolution shall apply to unincorporated areas of Washington County except that portion thereof
over which cities or villages have been permitted to extend and are exercising zoning jurisdiction; and furthermore at
such time as a city or village adopts a ordinance to exercise zoning or control over an unincorporated area, its
regulations shall supersede those of Washington County.
Whenever the regulations of this Resolution impose or require higher standards than are required in any other statute,
local Regulations, or regulation, the provisions of the regulations made under authority of this Resolution as provided
by the cited Nebraska R. R. S., 1943 sections shall govern.
The zoning regulations set forth by this Resolution within each district shall be minimum regulations applicable
uniformly to each class or kind of building, structure, or land, except as may hereinafter be provided.
Section 1.10 Interpretations
In interpreting and applying the provisions of these regulations, they shall be held to be the minimum requirements
for the promotion of public safety, health, convenience, comfort, moral, prosperity, and general welfare. It is not intended
by these regulations to interfere with or abrogate or annul any easements, covenants or other agreements between the
parties, except that if these regulations impose a greater restriction, these regulations shall control.
No building, structure, or land in the unincorporated areas, excluding the portion of unincorporated areas over which
cities and villages are granted and are exercising zoning jurisdiction in Washington County shall hereafter be used or
occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or
structurally altered, except in conformity with the provisions of this Resolution herein specified for the district in which
it is located and:
A. Every building hereafter erected shall be located on a lot of record.
B. Only one principal building will be permitted on one lot of record, except in a Residential or Commercial
Mixed Use Development.
C. After a County road has been classified as a minimum maintenance road, or is an unimproved road, no permits
for a residential dwelling, mobile home, or manufactured home shall be issued for construction on any property
adjoining such classified road.
Section 2.01 Construction and General Terminology.
For the purpose of carrying out the intent of this Resolution, words, phrases, and terms shall be deemed to have the
meaning ascribed to them. When not inconsistent with the context, words used in the present tense include the future;
words in the singular include the plural and those in the plural include the singular; "or" includes "and", and "and"
includes "or"; and the masculine gender shall include the feminine.
2.01.01. The word "Assessor" shall mean the County Assessor of Washington County.
2.01.02. The words "Board" shall mean the Board of Supervisors of Washington County.
2.01.03. The words "Board of Supervisors" shall mean the Board of Supervisors of Washington County.
2.01.04. The words “Board of Zoning Adjustment” shall mean the Washington County Board of Zoning
Adjustment
2.01.05. The word "Building" includes the word "Structure," but shall not include "Temporary Structures".
2.01.06. The word "Commission" shall mean the Planning Commission of Washington County.
2.01.07. The word "County" shall mean Washington County.
2.01.08. The words "Register or Deeds" shall mean the Register of Deeds of Washington County.
2.01.09. The word "Federal" shall mean the Government of the United States of America.
2.01.10 The word "shall" is mandatory; and the word "may" is permissive.
2.01.11 The word "State" shall mean the State of Nebraska.
2.01.12. The word "used" includes the words "arranged for, designed for, occupied or intended to be occupied for."
2.01.13 The words "Zoning Map" shall mean the Official Zoning Map of Washington County.
2.01.14 The words “Zoning Administrator” shall mean the Planning Administrator for the Washington County
Planning Department.
2.01.15 The word "Inspector" shall mean the Building Inspector of Washington County.
2.01.16 The word "Resolution" shall mean the Zoning Regulation of Washington County.
2.01.17 The word "Comprehensive Plan" shall mean the Washington County Comprehensive Development Plan.
For purposes of this Resolution this section contains a listing of abbreviations and acronyms used throughout this document.
AU = Animal Unit
CAFO = Confined Animal Feeding Operation
FCC = Federal Communication Commission
kV = Kilovolt
kW = Kilowatt
LFO = Livestock Feeding Operation
NDEQ = Nebraska Department of Environmental Quality or successor department
R.O.W. = right-of-way or rights-of-way
USDA = United States Department of Agriculture
2.03.01 ABANDONMENT shall mean to cease or discontinue a use or activity without intent to resume as
distinguished from short-term interruptions such as during periods of remodeling, maintenance, or normal
periods of vacation or seasonal closure.
2.03.02 ABUT, ABUTTING shall mean to border on, being contiguous with or have property or district lines in
common, including property separated by an alley. The words “adjoin” and “contiguous” shall mean the same
as “abut.”
2.03.03 ACCESS OR ACCESS WAY shall mean the place, means, or way by which pedestrians and vehicles shall
have safe, adequate and usable ingress and egress to a property or use as required by this Regulation.
2.03.04 ACCESSORY BUILDING shall mean any detached subordinate building that serves a function customarily
incidental to that of the main building or main use of the premises. Customary accessory building includes
farm buildings, garages, carports, and small storage sheds.
2.03.05 ACCESSORY STRUCTURE shall mean a detached subordinate structure located on the same lot with the
principal structure, the use of which is incidental and accessory to that of the principal structure.
2.03.06 ACCESSORY USE shall mean a use incidental, related, appropriate and clearly subordinate to the main use
of the lot or building, which accessory use does not alter the principal use of the subject lot or affect other
properties in the district.
2.03.07 ACRE shall mean a full acre containing 43,560 square feet of area within the property lines of a lot or parcel.
2.03.08 ADJACENT shall mean near, close, or abutting; for example, an Industrial District across the street or
highway from a Residential District shall be considered as "Adjacent".
2.03.09 ADULT CABARET shall mean a nightclub, bar, restaurant, or similar establishment that regularly features
live performances that are characterized by the exposure of specified anatomical areas or by specified sexual
activities, or films, motion pictures, video cassettes, slides, or other photographic reproductions in which more
than 10 percent of the total presentation time is devoted to the showing of material that is characterized by any
emphasis upon the depiction of specified sexual activities or specified anatomical areas.
2.03.10 ADULT COMPANIONSHIP ESTABLISHMENT shall mean an establishment that provides the service of
engaging in or listening to conversation, talk or discussion between an employee of the establishment and a
customer, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or
"specified anatomical areas."
2.03.11 ADULT ESTABLISHMENT shall mean any business which offers its patrons services or entertainment
characterized by an emphasis on matter depicting, exposing, describing, discussing or relating to "specified
sexual activities" or "specified anatomical areas," including, but without limitation, adult bookstores, adult
motion picture theaters, saunas, adult companionship establishments, adult health clubs, adult cabarets, adult
novelty businesses, adult motion picture arcades, adult modeling studios, adult hotel or motel, and adult body
painting studios.
2.03.12 ADULT HOTEL OR MOTEL shall mean a hotel or motel from which minors are specifically excluded from
patronage and wherein material is presented which is distinguished or characterized by an emphasis on matter
depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."
2.03.13 ADULT MASSAGE PARLOR, HEALTH CLUB shall mean a massage parlor or health club which restricts
minors by reason of age, and which provides the services of massage, if such service is distinguished or
characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."
2.03.14 ADULT MINI-MOTION PICTURE THEATER shall mean a business premises within an enclosed
building with a capacity for less than 50 persons used for presenting visual-media material if such business as a
prevailing practice excludes minors by virtue of age, or if said material is distinguished or characterized by an
emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas" for
observation by patrons therein.
2.03.15 ADULT MOTION PICTURE ARCADE shall mean any place to which the public is permitted or invited
wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motor picture
machines, projectors or other image-producing devices are maintained to show images to five or fewer persons
per machine at any one time, and where the images so displayed are distinguished or characterized by an
emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas."
2.03.16 ADULT MOTION PICTURE THEATERS shall mean a business premises within an enclosed building with
a capacity of 50 or more persons used for presenting visual media material if said business as a prevailing
practice excludes minors by virtue of age, or if said material is distinguished or characterized by an emphasis
on the depiction or description of "specified sexual activities" or "specified anatomical areas" for observation
by patrons therein.
2.03.17 ADULT NOVELTY BUSINESS shall mean a business that has as a principal activity the sale of devices
which simulate human genitals or devices, which are designed for sexual stimulation.
2.03.18 ADULT SAUNA shall mean a sauna which excludes minors by reason of age, or which provides a steam bath
or heat bathing room used for the purpose of bathing or relaxation, utilizing steam or hot air as a cleaning,
relaxing or reducing agent, if the service provided by the sauna is distinguished or characterized by an
emphasis on "specified sexual activities" or "specified anatomical areas."
2.03.19 ADVERTISING STRUCTURE shall mean any notice or advertisement, pictorial or otherwise, and all such
structures used as an outdoor display, regardless of size and shape, for the purposes of making anything
known, the origin or place of sale of which is not on the property with such Advertising Structure.
2.03.20 Aesthetic Zoning shall mean zoning to accomplish a standard of exterior architectural appeal and/or
neighborhood harmony.
2.03.21 AGGREGATE shall mean the mineral materials, such as sand and stone, used in making concrete.
2.03.22 AGRICULTURAL AND FARM BUILDINGS AND STRUCTURES shall mean any building or structure
which is necessary or incidental to the normal conduct of a farm including but not limited to residence of the
operator, residence of hired men, barns, buildings and sheds for housing livestock, poultry and farm
machinery, buildings for the storage or shelter of grain, hay and other crops, silos, windmills and water storage
tanks.
2.03.23 AGRICULTURAL OPERATIONS (see Farming)
2.03.24 AGRICULTURE shall mean the use of land for agricultural purposes, by raising, harvesting, and selling
crops or by the feeding, breeding, management, and sale of, or the produce of, livestock, poultry, fur-bearing
animals, or honeybees, or for dairying and the sale of dairy products, or any other agricultural or horticultural
use.
2.03.25 AIRPORT shall mean any area used, or is intended to be used, for the taking off and landing of aircraft,
including helicopters, and any appurtenant areas which are used or are intended to be used for airport buildings
or facilities, including open spaces, taxiways, and tie-down areas.
2.03.26 ALLEY shall mean a minor public service street or public thoroughfare 20 feet or less in width, through a
block of lots primarily for vehicular service access to the rear or side of properties otherwise abutting on
another street. Buildings facing an alley shall not be construed as satisfying the requirements of this Regulation
related to frontage on a dedicated street.
2.03.27 ALTERATION shall mean any change, addition or modification in construction or occupancy of an existing
structure.
2.03.28 AMENDMENT shall mean a change in the wording, context, or substance of this Regulation, or an addition
or deletion or a change in the district boundaries or classifications upon the zoning map.
2.03.29 ANIMAL HOSPITAL shall mean a facility where animals or pets are given medical or surgical treatment and
are cared for during the time of such treatment. The animals \ pets shall be under the supervision of a
practicing licensed veterinarian. Such facilities may include veterinarian’s offices, administrative offices,
space for examination, surgery and recovery, and for boarding of animals while under treatment.
2.03.30 ANIMAL UNIT (see Livestock Feeding Operation)
2.03.31 ANIMALS, DOMESTIC shall mean an animal that is customarily kept for personal use or enjo