General provisions



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ARTICLE 3

GENERAL PROVISIONS

SECTION 301. JURISDICTIONAL AREA. The Provisions of these regulations shall

apply to all structures and land in the incorporated area of Sutherland, Nebraska; and that

portion of the unincorporated areas within one (1) mile of the corporate limits of Sutherland

as shown on the Official Zoning Maps.

A. A jurisdictional area shall be shown on the Official Zoning District Map and filed in

the Office of the Village Clerk.


SECTION 302. ESTABLISHMENT OF DISTRICTS. The jurisdictional area is hereby

divided into six (6) zoning districts which are designated as follows:

"A-1" Agricultural District

"C-1" Commercial Business District

“C-2” Highway Commercial District

"I-D" Industrial District

"R" Residential District

"S-R" Suburban Residential District

"M-P" Mobile Home Park
SECTION 303. ZONING DISTRICT MAPS. The boundaries of the districts are shown

on the Official Zoning District Maps which are filed in the Office of the Village Clerk. Said

zoning maps, with all notations, references, and other information shown thereon, are as

much a part of these zoning regulations as if such notations, references, and other

information were specifically set forth herein.
SECTION 304. RULES WHERE UNCERTAINTY MAY ARISE.

Where uncertainty exists with respect to the boundaries of the various districts as shown

on the Official Zoning District Maps, incorporated herein, the following rules apply;

A. The district boundaries are the center lines of streets, alleys and waterways, unless

otherwise indicated; and where the designation of a boundary line on the zoning

map coincides with the location of streets, alleys, or waterways, the centerline of

such streets, alleys or waterways shall be constructed to be the boundary line of

such district.

B. Where the district boundaries do not coincide with the location of streets, alleys, or

waterways, but do coincide with lot lines, such lot lines shall be construed to be the

boundary of such district.

C. Where the district boundaries do not coincide with the location of streets, alleys,

waterways or lot lines, the district boundaries shall be determined by the use of the

scale shown on the zoning map.


SECTION 305. EXEMPTIONS. The following structures and uses shall be exempt from

the provisions of these regulations:

A. Poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves, or other similar

equipment for the distribution to customers of telephone or other communications,

electricity, gas, or water, or the collection of sewage or surface water operated or

maintained by a public utility but not including substations located on or above the

surface of the ground.

B. Public Signs.

C. Structures under the size of 4ft. x 4ft. x 4ft.

D. Small landscaping accessory structures such as wishing wells, trellis, planters, etc.

E. Small portable children's playground structures.

F. Uncovered decks attached to a primary structure are allowed to be constructed to

within four (4) feet of a "side yard" setback. (Section G is exempt from the current

side yard setback of eight (8) feet for residentially zoned purposes.)

G. Projections for use as an entrance to a building or a structure, not to exceed one

hundred (100) square feet.


SECTION 306. APPLICATION OF REGULATIONS. The following general

requirements shall apply to all zoning districts:

A. No building, structure, or land shall hereafter be used or occupied in whole or in

part, and no building, structure or part thereof shall hereafter be erected,

constructed, reconstructed, moved or structurally altered except in conformity with

these regulations.


ARTICLE 4

RULES AND DEFINITIONS


SECTION 401. RULES

A. In the construction of these regulations, the provisions and rules of this section shall

be preserved and applied, except when the context clearly requires otherwise:

1. Words used in the present tense shall include the future.

2. Words in the singular number include the plural number, and words in the

plural number include the singular number.

3. The phrase "used for" shall include the phrase "arranged for", "designed for",

"intended for", "maintained for", and "occupied for".

4. The word "shall" is mandatory.

5. The word "may" is permissive.

6. The word "person" includes individuals, firms, corporations, associations,

governmental bodies and agencies, and all other legal entities.

7. The word "Board" means the Board of Adjustments.

8. Unless otherwise specified, all distances shall be measured horizontally.

9. The word "City" means Village of Sutherland, Nebraska.

10. The abbreviation N/A means not applicable.

11. Words or terms not defined in Article 4 shall have their ordinary meaning in

relation to the context.


B. Any word or phrase which is defined in this article or elsewhere in these regulations

shall have the meaning as so defined whenever the word or phrase is used in these

regulations, unless; such definition is expressly limited in its meaning or scope.
SECTION 402. INTERPRETATION
A. MINIMUM REQUIREMENTS. In their interpretation and application, the provision

of these regulations shall be held to be the minimum requirements for the promotion

of the public health, safety, morals and welfare.
B. OVERLAPING OR CONTRADICTORY REGULATIONS. Where the conditions

imposed by any provision of these regulations upon the use of land or structures are

either more restrictive or less restrictive than comparable conditions imposed by any

other provision of these regulations or provision of any other Law, Ordinance,

Resolution, Rule or Regulations of any kind, the Regulations which are more

restrictive shall govern unless specifically excepted.


C. PRIVATE AGREEMENTS. These regulations are not intended to abrogate, annul or

otherwise interfere with any easement, covenant or any other private agreement or

legal relationship, provided, however, that where the provisions of these regulations

are more restrictive (or impose higher standards or requirements) than such

easements, covenants or other private agreements or legal relationships, the

provisions of these regulations shall govern.


D. UNLAWFUL USES. The adoption of these regulations shall not be interpreted as

retroactively legalizing a use or structure, which was illegal under previous law.


SECTION 403. SEPARABILITY

It is hereby declared to be the intention of the Village that the provisions of these

regulations are separable, in accordance with the following rules:

A. If any court of competent jurisdiction shall adjudge any provision of these

regulations to be invalid, such judgment shall not affect any other provisions of

these regulations.

B. If any court of competent jurisdiction shall adjudge invalid the application of any

provision of these regulations to a particular property or structure, such judgment

shall not affect the application of said provisions to any other property or structure.
SECTION 404. DEFINITIONS

For the purpose of this Zoning Regulation, certain terms or words used herein shall be

interpreted or defined as follows, unless the context clearly indicates otherwise.
ABANDONMENT. To cease or discontinue a use or activity without intent to resume, but

excluding temporary or short-term interruptions to a use or activity during periods of

remodeling, maintaining, or otherwise improving or rearranging a facility, or during

normal periods of vacation or seasonal closure.


ABUTTING. Having property or district lines in common.
ACCESSORY APARTMENT. A second dwelling unit either in or added to an existing

single-family detached dwelling, or in a separate accessory structure on the same lot as the

main dwelling, for use as a complete, independent living facility with provision within the

accessory apartment for cooking, eating, sanitation, and sleeping. Such dwelling is an

accessory use to the main dwelling.
ACCESSORY STRUCTURE. A subordinate structure located on the same lot as the

principal structure, the use of which is incidental and accessory to that of the principal

structure.
ACCESSORY USE. (See also, home occupation) A use incidental to, and on the same lot as

a principal use. A structure or use that: a) is clearly incidental to and customarily found in

connection with a principal building or use; b) is subordinate to and serves as a principal

building or a principal use; c) is subordinate in area, extent, or purpose to the principal

building or principal use served; d) contributes to the comfort, convenience, or necessity of

occupants, business, or industry in the principal building or principal use served; and e) is

located on the same lots as the principal building or use served.

Comment. Each of the above definitions of accessory structure and accessory use, explicitly

states that the use or structure must be: a) subordinate or incidental to the principal use, and

b) located on the same lot as the principal use.


ACREAGE. Any parcel of land which may be measured in terms of acres. Usually qualified

by its zoning or usage, such as residential acreage, industrial acreage, etc.


AGRICULTURE. (see also, farm) The use of land for agricultural purposes, including

farming, dairying, pasturage agriculture, horticulture, floriculture, viticulture, and animal

and poultry husbandry and the necessary accessory uses for packing, treating, or storing

the produce; provided, however, that the operation of any such accessory uses shall be

secondary to that of normal agricultural activities.
AGRICULTURAL FARM OR OPERATION. A tract of land or a combination of tracts of

land utilized primarily for agricultural purposes which either singularly or jointly consist of

at least twenty (20) acres and which produces one thousand dollars ($1,000) or more of farm

products each year. (Amended Ord. “A”, 2011)


AIRPORT. Any area of land or water designed and set aside for the landing and take-off of

aircraft, including all necessary facilities for the housing and maintenance of aircraft.


AIR RIGHTS. The ownership or control of all land, property, and the area of space at and

above a horizontal plane over the ground-surface of land used for railroad or expressway

purposes. The horizontal plane shall be at a height that is reasonably necessary or legally

required for the full and free use of the ground surface.


ALLEY. A dedicated public right-of-way, other than a street, which provides only a

secondary means of access to abutting property, and has a right-of-way which has a

minimum of 20 feet in width.
ALTERATION. Alteration, as applied to a building or structure, is a change or

rearrangement in the structural parts of an existing building or structure. Enlargement,

whether by extending a side, increasing in height, or the moving from one location or

position to another, shall be considered an alteration.


AMUSEMENT ARCADE. A building or part of a building in which five or more pinball

machines, video games, or other similar player operated amusement devises are

maintained.
ANIMAL HOSPITAL OR CLINIC. An establishment where animals are admitted

principally for examination, treatment, board or care, by a Doctor of Veterinary Medicine.

This does not include open kennels or runs.
ANTENNA. (see also, satellite dish antenna and towers) A wire or set of wires used in

transmitting and receiving electromagnetic waves and including the supporting structure;

includes, but is not limited to amateur radio antennas, television antennas, and satellite

receiving dishes.


AQUACULTURE. Land devoted to the hatching, raising, and breeding offish or other

aquatic plants or animals for sale or personal use.


AQUIFER. A geological unit in which porous and permeable conditions exist and thus

capable of yielding usable amounts of water.


AQUIFER RECHARGE AREA. An area that has soils and geological features that are

conductive to allowing significant amounts of surface water to percolate into groundwater.


ARCHITECTURAL PROJECTION. Any part of a structure or building which projects

outward from the vertical plane of the structure or building such as but not limited to steps,

porches, decks, patios, eaves, and carports.
AUTOMOBILE WRECKING YARD. (see also, junkyard) The dismantling or wrecking of

used motor vehicles or trailers, or the storage, sale, or dumping of dismantled or wrecked

vehicles or their parts. The presence on any lot or parcel of land of two or more motor

vehicles, which, for a period exceeding 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 prima-facie evidence of an automobile wrecking yard.


BAR/TAVERN/NIGHTCLUB An establishment serving alcoholic beverages in which the

principal business is the sale of such beverages at retail for consumption on the premises

and where sandwiches and snacks may be available for consumption on the premises.
BASEMENT. That portion of a building having more than one-half of its height below

finished grade. This portion shall not be a completed structure, but shall serve as a

substructure or foundation for the remainder of the building.
BED AND BREAKFAST INN, BOARDING OR LODGING. A building other than a hotel or

motel where, for compensation and by pre-arrangement for definite periods, meals, or

lodging and meals, but not exceeding 20 persons. Individual cooking facilities are not

provided.


BEDROOM. A room in a dwelling unit planned and intended for sleeping separable from

other rooms by a door.


BILLBOARD. A sign that identifies or communicates a commercial or noncommercial

message related to an activity conducted, a service rendered, or a commodity sold.


BOARD OF ADJUSTMENT. The Board hears appeals of administrative acts, interprets the

Zoning Map and can grant variances from Zoning Regulations, as authorized by Nebraska

Statute 19-910.
BORROW PIT. Any place or premises where dirt, soil, sand, gravel, or other material is

removed below the grade of surrounding land for any purpose other than that necessary

and incidental to site grading or building construction.
BUFFER AREA. (see also, screening) A landscaped area intended to separate and partially

obstruct the view of two adjacent land uses or properties from one another.


BUILDING. An enclosed structure, anchored to permanent foundation, and having

exterior or party walls and a roof, designed for the shelter of persons, animals or property.

When divided by other than common or contiguous walls, each portion or section of such

building shall be regarded as a separate building, except that two buildings connected by a

breezeway shall be deemed one building. "Building" includes "structure". (Amended Ord.

“A”, 2011)


BUILDING COVERAGE. (see lot coverage)
BUILDING ENVELOPE. The net cubic space that remains for placing a structure on a site

after building line, setbacks, side yard, height, and bulk regulations are observed.


BUILDING HEIGHT. The vertical distance to the highest point of the roofs; to the deck

line of mansard roofs; and to the average height between eaves and the ridge for gable, hip,

and gambrel roofs, measured from the curb level if the building is not more than 12 feet

from the front lot line or from the grade in all other cases. (Amended Ord. “A”, 2011)

Source: A Survey of Zoning Definitions, (American Planning Association, 1989).
BUILDING LINE. A building limit fixed at a specific distance from the front, rear, or side

boundaries of a lot beyond which a structure cannot lawfully extend.


CAMP GROUNDS. Any premises where two (2) or more camping units are parked/placed

for camping purposes, or any premises used or set apart for supplying to the public,

camping space for two (2) or more camping units for camping purposes, which include any

buildings, structures, vehicles or enclosures used or intended for use or intended wholly or

in part for the accommodation of transient campers. (Amended Ord. “A”, 2011)
CANOPY/ SHELTER (OPEN). An open sided, rigid or non-rigid type covering or shelter

that is suspended or supported over a tube-type frame. An open-sided canopy/shelter for

front yard setbacks only shall meet the required setbacks as set forth in that zoning

district.


CANOPY/ SHELTER (ENCLOSED). An enclosed, rigid or non-rigid type covering or shelter

that is suspended or supported over a tube-type frame. An enclosed canopy/shelter for front

only shall meet the required setbacks as set forth in that zoning district.
CARPORT. (see garage)
CAR WASH. An area of land and/or a structure with machine or hand operated facilities

used principally for the cleaning, washing, polishing, or waxing of motor vehicles.


CARRY OUT RESTAURANT. (see Restaurant, Fast Food)
CAT. Any feline species over four (4) months of age.
CEMETERY. Land used or intended for to be used for the burial of the dead and dedicated

for cemetery purposes, including columbiums, crematories, mausoleums, and mortuaries

when operated in conjunction with and within the boundaries of such cemetery.
CHILD CARE. (see Daycare)
CHILD CARE CENTER. A facility which is or should be licensed by the Nebraska

Department of Health and Human Services under the authority of Sections 71-1908

through 71-1918, Revised Statutes of Nebraska, as provided and defined under the Title

474 of the Nebraska Administrative Code, Chapter 6, Section 002.

(Amended Ord. “A”, 2011)
CELLAR. (see also basement) A story having more than one-half (1/2) of its height below

grade.
CHURCH OR PLACE OF RELIGIOUS WORSHIP. A place where religious worship is

conducted.
CLEAR-CUTTING. The indiscriminate removal of trees, shrubs, or undergrowth with the

intention of preparing real property for non agricultural development purposes. This

definition shall not include the selective removal of non-native tree and shrub species when

the soil is left relatively undisturbed; removal of dead trees; or normal mowing operations.


CLINIC. A building designed and used for the diagnosing and treatment of human patients

that does not include overnight care facilities.


CLUB OR LODGE. A non profit association or organization formed for either fraternal,

social, educational, philanthropic, or other similar purposes, including unions and

professional organizations.
CLUSTER DEVELOPMENT. A development design technique that concentrates buildings

in specific areas on a site to allow the remaining land to be used for recreation, common

open space, and preservation of environmentally sensitive areas.
COCKTAIL LOUNGE. (see bar/tavern)
COMMERCIAL USE. A lot or tract of land or an establishment having facilities designed or

used for the exchange or buying and selling of goods and services for a profit.


COMMUNITY CENTER. A place, structure, area or other facility used for and provides

religious, fraternal, social, and/or recreational programs generally open to the public and

designed to accommodate and serve significant segments of the community.
CONDITIONAL USES. Uses which due to their nature, are dissimilar to the normal uses

permitted within a given zoning district or where the products, process, mode of operation

or nature of business may prove detrimental to the health, safety, welfare, morals, or

convenience of the immediate neighborhood and its environs.


CONDOMINIUM. A single dwelling unit under individual ownership within a two-family

or multiple dwelling unit structure.


CONGREGATE HOUSING. (see also nursing homes or convalescent homes)
CONSERVATION AREAS. Environmentally sensitive and valuable lands protected from

any activity that would significantly alter their ecological integrity, balance, or character,

except in cases of marshes, shallow grassy ponds, hardwood swamps, cypress swamps,

natural shorelines (other than natural beaches or dunes), sand pinescrub communities, and

other areas of significant biological productivity or uniqueness.
CONSERVATION EASEMENT. An easement granting a right or interest in real property

that is appropriate to retaining land or water areas predominantly in their natural, scenic,

open, or wooded condition; retaining such areas as suitable habitat fish, plants, or wildlife;

or maintaining existing land uses.


CONVENIENCE STORE. Any retail establishment offering for sale prepackage food

products, household items, and other goods commonly associated with the same.


CUL-DE-SAC. An adequate turnaround of not less than 110 foot diameter right-of-way:

shall be provided at the closed end of a dead-end local street longer than one lot in length.

Such local street segment shall not exceed five hundred (500) feet in length from the centerline

of an intersection of a cross street to the center of the cul-de-sac.


DAY CARE CENTER. A building or place where care, supervision, custody or control is

provided for more than seven (7) unrelated children or adults for any part of a 24-hour day.


DAY CARE HOME. A private residence in which care, supervision, custody or control is

provided for seven (7) or less unrelated children or adults for any part of a 24-hour day.

Baby-sitting service for seven (7) or less infants shall be-considered a day care home. Such

residence shall be licensed by the Nebraska Department of Health and Human Services.

(Amended Ord. “A”, 2011)
DECK- An elevated flat floored, roofless area attached to primary structure.

(adopted 8/26/98 by Ord. #406)


DISTRICT OR ZONE. A section or sections of the Zoning Area for which uniform

regulations governing the use of land, the height, use, area, size, and intensity of use of

buildings, land, and open spaces are herein established.
DOG. Any canine species over four (4) months of age.
DOMESTIC ANIMALS. (see household pet)
DRIVE-IN FACILITY. Any portion of a building or structure from which business is

transacted, or is capable of being transacted, directly with customers located in a motor

vehicle during such business transactions.
DRIVE-IN RESTAURANT. (see restaurant, drive-in, and restaurant, fast-food)
DUMP. (see landfill)
DWELLING MULTIFAMLY. A building or portion thereof used for occupancy by two or

more families living independently of each other and containing two or more dwelling units.




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