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Cuming County Zoning FAQ’s

 

This document was created to give citizens a quick guide to the County Zoning Regulations adopted on September 30, 2015.

Additional questions about the zoning regulations, may be directed to Alexander Norton, Planning and Zoning Administrator – 402-372-6008 or by emailing anorton@cumingcounty.ne.gov

 

When do I need a building permit?

Building permits are required if a County has adopted building codes.  Therefore, there would be no circumstance where a building permit will be issued unless, in the future, building codes would be adopted by the Governing bodies of the County.  Zoning permits will be issued by the Zoning Administrator PRIOR to erecting, moving, adding to or structurally altering, any building or structure within the County Zoning Jurisdiction. Application after construction has been started will result in a larger fee.

 

What do I need to build a residence in an AG1 District?

Zoning regulations require a minimum lot size of 10+ acres.  There are also lot line setbacks and setbacks from Livestock Feeding Operations. A minimum design standard requirement is also in place within the Zoning Regulations.  A zoning permit may be issued after an administrative review by the Zoning Administrator.

 

What do I need to build a residence in an AG2 District?

Zoning regulations require a minimum lot size of 5 acres.  There are also lot line setbacks and setbacks from Livestock Feeding Operations. A minimum design standard requirement is also in place within the Zoning Regulations.  A zoning permit may be issued after an administrative review by the Zoning Administrator.

 

If I own a residence within a zoning district that does not comply with the minimum lot requirement what are my options?

Dwelling units and other structures or accessory buildings located on existing non-conforming farmsteads may be enlarged and altered, and replaced for any reason.  New construction of accessory buildings and structures is allowed on an existing non-conforming farmstead.  However, an existing non-conforming farmstead loses its legal non-conforming status if the dwelling unit located thereon has been unoccupied for more than 12 months and has not received a minimum occupancy standard certificate from the Zoning Administer.

 

What is a minimum occupancy standard certificate?

A standard used to determine the habitable condition of an unoccupied legal non-conforming residence based on a checklist approved by the County Board of Supervisors.

 

What is an overlay district?

Overlay districts are used in combination with base districts to modify or expand base district regulations.  The district adapts to the special needs of the areas of the county and further allows Cuming County’s Zoning Regulations to evolve as the planning and development needs and trends of specific areas also change.

 

What are the requirements to build in a floodplain?

The floodplain district is an overlay district.  All the regulations of the base district would apply in addition to Article 12 of the Zoning Regulations.  Contact the Zoning Administrator for specific information on development within the floodplain.

 

What do I need to expand a Livestock Feeding Operation (LFO)?

There are no minimum lot requirements; setbacks from residential dwellings would apply.  A zoning permit is required after an administrative review by the Zoning Administrator.

 

What do I need to construct a new Livestock Feeding Operation (LFO)?

There are no minimum lot requirements; setbacks from residential dwellings would apply.  A zoning permit is required after an administrative review by the Zoning Administrator.

 

How do I know what Zoning District I am in?

A zoning map is required to be filed in the County Clerk’s Office.  Copies of the zoning map may also be found in the Zoning Administrator’s Office.  The Zoning Map will be available electronically at http://www.cuming.assessor.gisworkshop.com/#

 

Where can I access the Zoning Regulations?

 A copy of the Zoning Regulation can be accessed in each municipal library, in the Zoning Administrator’s Office, Clerk’s Office and on the County Website http://cumingco.com/government/departments/planning-zoning/

 

Do I need a permit to split my farmstead from the farm ground in an AG1 or AG2 District?

No, but the regulations prohibit reduction of parcels or lots by private action to dimension an area below the minimum requirements established in the zoning district if that parcel or lot contains a residential dwelling; AG1 minimum lot requirement is more than 10 acres and the minimum lot size in the AG2 district is 5 acres.

 

What’s a variance?

 A variance is a modification of the application of certain regulations or provisions of the Zoning Regulations by the Board of Adjustment. A variance allows, under certain circumstances, relief from an adopted regulation, if the regulation is determined to result in unnecessary hardship to a property owner.  The Board of Adjustments has specific criteria to follow before a variance is granted. To find specific requirements for a variance and the powers and duties of the Board of Adjustments see Section 18.12 of the Zoning Regulations.

 

What are the penalties for not getting a zoning permit or complying with the Zoning Regulations?

Violations for non-compliance of the Zoning Regulations are subject to a civil violation punishable by a fine not to exceed $500.00 for the first offense, or $750.00 for a repeat offense.   A second or subsequent violation of any of the provisions of the Zoning Regulations within a two-year period shall be deemed a misdemeanor. Each day such violation continues after notice of violation has been given to the offender may be considered a separate offense.  Violations to the Zoning Regulations can be viewed in Articles 18.13 to 18.21 of the Zoning Regulations.

 

How will the Zoning Regulations be enforced?

 The County Board and/or the proper local authorities of the county, as well as any owner or owners of real estate within the district affected by the regulation, may institute any appropriate action or proceedings to prevent use, to restrain, correct, or abate such violation, or to prevent the illegal act, conduct, business, or use in or about such premises.  Any taxpayer or taxpayers of the county may institute proceedings to compel specific performance by the proper official or officials of any duty imposed by such sections or in resolutions adopted pursuant to such sections.

 

Will applying for a Zoning Permit affect my taxes?

Maybe: As part of the Zoning Permit Application Process, the applicant will be required to complete a form provided by the Assessor’s Office.  In order to obtain a fair and equal tax base, ALL improvements to real property are to be reported to the County Assessor’s Office according to Statute 77-1318.01. Unreported improvements may lead to fines and penalties.  It is more than likely that an improvement will raise the valuation of the property.

Taxes are based on the amount of tax dollars being requested by the various taxing entities.  Total valuation is used in the formula to calculate how much tax is due on a parcel of land along with the tax rate.  The tax rate or combined levy, is a combination of all the taxing entities request for tax dollars needed to support their services; example, school, county, township, NRD, Northeast Community College, Pender Hospital District and ESUs.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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