1. A request for amendment is filed with the Planning Director, together with all information pertinent to the proposed amendment;
2. Such amendment shall not violate any regulations set forth in this title;
3. Such amendment may provide for up to a 15 percent (15%) increase in total floor area and storage space originally permitted;
4. There is no increase in the number of dwelling units;
5. No reduction is made to the applicable setback or yard requirements;
6. No public land is accepted; 
7. Such amendment shall not be contrary to the general purposes of this chapter; and
8. Any amendment not in conformance with this paragraph shall be submitted to the Planning Commission in the same manner as an original special permit. 

1. The application shall be accompanied by the following information:
   1. A plot plan showing the location, orientation and the general size of runways, taxiways, aprons, clear zones, approach zones and proposed accessory structures and uses including fuel storage, as well as dimensions to property lines and section lines, roadways, railroads and above ground structures including poles, towers, wires and appurtenances thereto;
   2. The planned type and use of aircraft for which the facility is intended;
      1. The estimated number of aircraft for which the facility is intended;
      2. The estimated frequency of flights and hours of operation;
      3. Diagram of the flight pattern to be used in and out of the landing area;
      4. Drainage and grading plan of the site;
      5. Length, width, surface and lighting facilities of the airfield;
      6. Location and height of any obstructions that could obstruct or penetrate the normal 20:1 approach slopes to the runway threshold or end;
      7. The distance and difference in elevation between the end of the runway and any public roadways, railroads and all utility transmission and distribution facilities and towers that are located in the approach and clear zones;
2. The site shall be located in such a manner so as not to compromise the safety of or create excessive noise for the existing schools, hospitals, theaters and nursing homes. However, nothing in this provision shall deny essential air service to hospitals and nursing homes, if needed, provided that landing and takeoff facilities for emergency aircraft are provided in accordance with applicable State and Federal regulations;
3. The operation shall not result in air pollution and noise generation exceeding appropriate local, State and Federal standards;
4. No structures shall be located within approach and clear zones if such structures encroach upon the airspace required for the safe operation of aircraft for which the airfield is intended;
5. No use of the airfield permitted nor the immediately adjacent property shall create electrical interference with aerial navigational signals or radio communication or aircraft overflying the airfield, result in glare in the eyes of pilots using or overflying the airfield, or otherwise in any way endanger or interfere with landing, takeoff, or maneuvering of aircraft using or flying in the vicinity of the airfield;
6. Measures may be required to mitigate adverse impacts associated with the flight operations. Uses within the approach zone may be required to be under the control of the applicant through restrictive easements or ownership of the property;
7. Lighting devices such as flood lights and spot lights shall be so designed or shielded as not to cast illumination in an upward direction above an imaginary line extended from the light source parallel to the ground. This provision shall not prohibit the installation of runway and taxiway lighting systems designed for the safe operation of aircraft or other safety enhancements such as visual approach slope indicator (VASI) or precision approach path indicator (PAPI) lighting systems;
8. No permit shall be granted for an airfield that would conflict with the traffic patterns, approach zones or reserved air space of an existing airport or airfield;
9. The design of an airfield shall meet the applicable State and Federal regulations and the following requirements:
   1. The effective runway length for a paved runway shall be at least 1,400 feet plus 25% of the elevation of the site measured in North American Vertical Datum (NAVD 88). The effective length for a turfed runway or landing area shall be 1,800 feet, plus the 25% correction of the elevation. Nothwithstanding the above, documents submitted before March 1, 2000 may be submitted in either NAVD 1988 or in elevations measured in relation to mean sea level.
   2. The approach surface to each end of each turfed runway extends outward from the runway, and shall be unobstructed along a 20:1 vertical slope for a horizontal distance of 1,000 feet. The width of the approach slope is to be 250 feet at the beginning and widens out to a width of 450 feet at a distance of 1,000 feet from the beginning of the approach slope. The approach slope shall begin at a point 200 feet outward from the runway threshold, or at the turfed runway threshold (normally at the end of the turfed runway), or at a marked displaced threshold.
   3. The runway (the paved surface) shall be 40 feet or more in width, and the turfed runway shall be 100 feet or more in width. There shall be a primary surface (unobstructed area) 250 feet in width, 125 feet on each side of the runway or the turfed runway centerline. The primary surface shall extend the full length of the turfed runway. All structures beyond the primary surface and the approach slope shall clear a 7:1 transitional or lateral slope as measured from the outside edge of the primary surface or approach slope.
   4. The aircraft parking apron area, all buildings, structures, fences, and vehicle parking areas shall be located outside the primary surface and clear the 7:1 lateral slopes along the surface.
   5. All farm crops (except hay) are considered as structures. The height of such structures shall be considered the height of the crops when fully grown, regardless of the crops actual height at any specific time.
   6. Roads and railroads are considered to be structures or obstructions 15 feet and 23 feet high respectively above their traveled surface when determining obstructions. An interstate highway shall be cleared by 17 feet above the closest edge of a paved surface.
   7. The effective length of a paved runway or turfed runway is determined as the total distance between thresholds, plus the length of the shortest overrun area, when both thresholds are displaced.
   8. The threshold of a turfed runway is considered to be that point on the runway end, properly marked, from which a clear 20:1 approach slope is available. The threshold of a paved runway is 200 feet inside the threshold of the turfed runway.
   9. The approach must provide a 150 feet clear height over any residential zoned area, 100 feet over any agriculture residential zoned area and safe and reasonable clearances over utility lines, poles, towers and appurtenances, which may be located in the path of any runway.
10. The design of a family airfield shall meet the following;
    1. The approach must provide a 150 feet clear height over any residential zoned area, 100 feet over any agriculture residential zoned area and safe and reasonable clearances over utility lines, poles, towers and appurtenances, which may be located in the path of any runway.
    2. The minimum effective length of a paved runway shall be 300 feet. The turfed-runway shall be 200 feet longer than the paved runway (100 feet on each end). The turfed runway is required, but the paved runway is optional.
    3. The paved runway shall be 25 feet or more in width, and the turfed runway shall be at least 50 feet wide. There shall be a primary surface (unobstructed area) along the full length of the turfed runway. All structures beyond the primary surface and the approach slope shall clear a 7:1 transitional or lateral slope as measured from the outside edge of the primary surface or approach slope.
    4. The approach surface to each end of each paved or turfed runway extends outward along the runway centerline and shall be unobstructed along a 10:1 vertical slope for a horizontal distance of 500 feet. The approach slope shall begin at the turfed runway threshold or at a properly marked displaced threshold. The width of the approach slope shall be 50 feet at the beginning and widen out to 150 feet at a distance of 500 from the beginning. The surface area beneath the approach zone shall be controlled by ownership, fee title or easement.
    5. The runway centerline extended shall not cross any existing building within 1/4 mile of the end of the runway.
    6. The runway shall be set back 50' from all lot lines.
    7. Runway lighting shall be limited to 45 watts in power. No more than 36" above grade and producing no more than ½ footcandle of illumination as measured at the property line.
    8. A "bubble" of clearance of 200' over and around all buildings shall be maintained.
    9. Flight operations shall be prohibited from 10 PM to 5 AM.
    10. Abutting property/families may use the same runway provided there are no more than four (4) properties, each of which has at least 150' of frontage on the runway.
11. An airfield in a residential air park may be allowed under the provisions of the community unit plan as provided in ARTICLE 14 of this zoning resolution. (Resolution No. 5367, August 26, 1996; Resolution No. R-18-0078, November 20, 2018).

1. A.
   There shall be a minimum of forty (40) campsites in the campground. Each campsite shall contain at least two-thousand five-hundred (2,500) square feet;
2. B.
   The lot area of the campground shall be ten (10) acres or larger;
3. C.
   The campground shall be supplied with a water supply and sewage disposal facilities, including washing, toilets, and similar facilities, all of which meet all applicable county codes and regulations;
4. D.
   A side yard and rear yard of sixty (60) feet and a front yard of fifty (50) feet shall be maintained on the campground;
5. E.
   Public roads and highways providing primary access to the campground shall be paved;
6. F.
   Internal roads shall be provided to each campsite and all internal roads shall have a minimum unobstructed width of fourteen (14) feet for all one-way roads and twenty (20) feet for all two-way roads;
7. G.
   No campground may be occupied by the same person or persons more than thirty-one days in any three hundred sixty-five (365) day period. However, if the campground provides recreation and support facilities including, but not limited to, a swimming pool, convenience goods shop, and office, then up to thirty-five percent (35%) of the campground campsites may be occupied by the same person or persons for not more than a cumulative total of one hundred eighty (180) days in any three hundred sixty-five (365) day period;
8. H.
   One (1) dwelling unit, campground site, or mobile home occupied by the owner or caretaker year round is permitted;
1. I.
        The sale of alcoholic beverages within the campground shall be prohibited;
10. J.
         All campground operators shall keep accurate records as to the length of time a person stays in the campground, and shall make said records available to the County Attorney,  Director of Building and Safety Department, or the Director of the Planning Department upon request;
11. K.
     Signs are allowed within the front yard setback;
12. L.
    Screening or fencing of the campground may be required.

 (Resolution No. R-17-0040, May 30, 2017; Resolution No. R-18-0078, November 20, 2018; Resolution No. R-22-0022, March 22, 2022; Resolution No. R-23-0022, 04/11/2023).

1. An application for a special permit for excavation or stone milling shall be accompanied by the following information:
   1. A legal description of the proposed site;
   2. A site plan drawn to scale that includes but is not limited to identifying proposed vehicle and equipment storage areas and entrance and exit locations to the operation;
   3. A map showing the site location and the location of private access roads, existing or proposed, and public roads and highways adjacent to the site which will be affected by the operation;
   4. A grading map showing existing contours, proposed excavation contours, proposed final grade contours, and excavation volumes;
   5. A full and adequate description of all phases of the contemplated operation and the specific listing of the type of machinery and equipment which will be or might be used to carry on the operation;
   6. A groundwater report from a groundwater hydrologist in cases where proposed soil mining operations are: (I) within 1000 feet of any off-site private well, (ii) within 2000 feet of a community well, or (iii) designed to result in an excavated area that does not drain to a lower area (i.e. a “hole”); the report should demonstrate that the operation and ultimate grading will not negatively impact nearby wells by draw-down or contamination, and/or that monitoring wells will be installed to provide early warning of any such impact. Where a pond or lake is proposed, the groundwater report shall also demonstrate that adequate water will be supplied via runoff and/or wells to maintain the pond or lake as a functioning and attractive year-round water feature.
2. Erosion controls, including retention and sediment basins shall be provided during excavation in conformance with State and Federal standards and County land erosion and sediment control regulations to prevent a change in the character of runoff onto adjacent land.
3. No more than twenty (20) acres of the site shall be open for operations at any one time. The surface shall be maintained in such a manner that surface waters do not collect and pond, unless specifically approved by the County. Underground drainage may be supplied if it connects to an existing drainage facility and is satisfactory to the County.
4. Topsoil shall be collected and stored for redistribution on the site at the termination of the operation or termination of each phase of operation.
5. Excavation shall be conducted in such a way as not to constitute a hazard to any persons, nor to the adjoining properties. Dust shall be controlled on-site to meet Lincoln-Lancaster County Air Pollution Control Program Regulations, and the Lincoln/Lancaster County Health Department may additionally require dust control on unpaved perimeter roads.
6. Safety screening may be required at the outer boundary of the site; visual screening through setbacks, berming and other techniques may also be required where said boundary is adjacent to residential or park land, school property, or at major entryways/corridors into a city, town, or village, or at the discretion of the Planning Commission. (Resolution No. R-11-0023, March 29, 2011)
7. Operating hours shall be limited to daylight hours, Monday through Saturday.
8. A sign shall be posted and maintained at the entrance to the site. The sign shall be:
   1. Clearly visible from the adjacent road;
   2. At least 32 square feet in area;
   3. Lettering shall be at least two inches in height, black on a white background;
   4. The sign shall list:
      1. The approved Special Permit Number;
      2. The name, contact phone, and email address for the land owner;
      3. The name, contact phone, and email address for the operator/ contractor;
      4. The Building and Safety Department contact number.
9. The County or City Engineer may require installation of traffic signs to warn motorists of excavation operations and truck traffic. (Resolution No. R-14-0072, November 18, 2014)
10. The applicant will take appropriate measures, such as street sweeping or “rumble bars” as specified by the County Engineer to minimize mud or dirt tracking onto streets and roads on a continuing (daily) basis during operation.
11. Permittee shall not begin operations until it has received a certificate of operation from the Director of Building and Safety.
    1. The Permittee shall comply with all terms, conditions and requirements of the special permit that are required to be completed before beginning operations. Upon completion of all such terms, conditions and requirement of the special permit, the applicant shall advise the Director of Building and Safety that the applicant has met all such conditions and shall apply to the Director of Building and Safety for a certificate of operation. (Resolution No. R-18-0078, November 20, 2018).
    2. The certificate of operation shall not be issued until the Director of Building and Safety has inspected the premises covered by the special permit, reviewed documentation and evidence of completion of the conditions which shall be provided by the applicant, and has found that all terms, conditions and requirements of the special permit, that are to be completed before beginning operations, have been complied with.
    3. Any amendment to a special permit approved subsequent to the issuance of a certificate of operation for such special permit shall require application by the permittee for a new certificate of operation which shall not be issued until the Director of Building and Safety has ascertained that any terms, conditions and requirements of the amendment to the special permit have been complied with.
12. Operations shall commence within one year of approval of the special permit or the special permit will terminate and be considered null and void.
13. Prior to commencing operations, the Permittee shall provide the County with a penal bond in the amount of $525.00 per acre intended to be disturbed to assure compliance with the final reclamation plan, including but not limited to regrading, topsoil conditioning, and re-vegetation. A private engineer must certify at closure of operations that grading and final reclamation has been completed in accordance with the approved plans before the bond may be released.
14. Within nine months after the completion of excavation on any portion of the site, all cuts shall be returned to a slope of less than three to one, the topography and soils shall be restored and stabilized, and the land shall be graded, seeded, and sodded so as to prevent erosion and siltation, and to protect the health, safety and general welfare of the public.
15. A special permit may be approved for up to a three year period of time by the Planning Commission. Such period of time shall commence upon the date the special permit is approved by the Planning Commission. (Resolution No. R-11-0023, March 29, 2011)
16. Permittee shall prepare and submit an annual report to the Director of Building and Safety addressing the status and extent of operations and each condition of the special permit.
17. Permittee shall be subject to an annual site inspection by the Director of Building and Safety or assigns. Such inspection shall be paid for by the applicant. Building and Safety shall:
    1. Inspect the site to determine whether terms, special conditions and requirements imposed by the Planning Commission in the approval of the special permit have been met and complied with; and
    2. Review all complaints from public and other departments/agencies. (Resolution No. R-11-0023, March 29, 2011)
18. The Planning Commission may modify or adjust any of the above conditions or impose additional conditions to preserve the public health, safety, and general welfare or to allow the applicant use of the property, while at the same time, protecting the surrounding property. (Resolution No. R-09-0011, March 10, 2009)

1. The minimum lot size shall be per the zoning district.
2. The total floor area for all buildings used for said use shall not be more than ten thousand (10,000) square feet or twenty thousand (20,000) square feet where the lot size is twenty (20) acres or more;
3. No parking shall be permitted on any required yard. The application shall include applicant’s estimate of the parking needs of the proposed club. Additional parking regulations, parking ingress and egress location control and buffering may be imposed.
4. Outdoor lighting of the outdoor recreational facility may be permitted with the following conditions:
   1. No illumination source shall exceed initial output of 4050 lumens unless it is within a cutoff or full cutoff luminaire, except for luminous tube lighting such as neon, cold cathode, and fiber optic cable.
   2. All fixtures greater than 4050 lumens shall be cutoff or full cutoff and mounted level in the horizontal and vertical axis with the central part of the beam directed vertically downward.
   3. The installation of any mercury vapor luminaries for use as outdoor lighting is prohibited.
   4. No more than 2.0 foot-candles are allowed. Foot-candle is measured on a vertical plane located at the property line of the adjacent property.

E. The application shall include the following information: Type of activity, expected peak use and building capacity, anticipated time of peak activity, and expected expansion of facilities. Activity shall not exceed five (5) consecutive days nor five (5) days in any calendar week. Limitation to the number of persons at any one time may be imposed as it relates to the limitations of the site, including but not limited to parking, and impacts on surrounding land uses. (Resolution No. R-17-0040, May 30, 2017; Resolution No. R-18-0078, November 20, 2018; Resolution No. R-22-0022, March 22, 2022).

1. Parking shall be one (1) space for every four (4) residents and two (2) spaces for every three (3) employees on the largest shift, provided that no parking shall be permitted in the required front or side yards.
2. The total number of client or employee residents shall not exceed the lot area ratio below except as provided for in this section, and provided that all facilities may have up to four individuals sixty years of age or older and one family acting as the residential caretaker:
   1.  AG zoning district: One person for five thousand (5,000) square feet of lot area;
   2.  AGR zoning district: One person for three thousand (3,000) square feet of lot area;
   3.  R zoning district: One person per three thousand (3,000) square feet of lot area;
   4.  B zoning district: One person per seven hundred fifty (750) square feet of lot area.
3.  Depending on the character of the development and impacts on adjacent land uses, the Planning Commission, and if appealed, the County Board may grant an increase in the number of residents allowed in (b) above. Such increase shall not exceed fifty (50%) percent. (Resolution No. R-17-0040, May 30, 2017; Resolution No. R-18-0078, November 20, 2018; Resolution No. R-22-0022, March 22, 2022).

a. Applicant shall provide a maximum quantity stored, manufactures, or processed onsite at an y given time for extremely hazardous substances in accordance with 40 code of Federal Regulations Part 355 and Risk Management Plan Program regulated substances in accordance with 40 CFR Part 68.

b. Applicant shall submit an emergency response plan to the Lincoln-Lancaster County Health Department for review and approval. 

c. All uses listed in 9.003 (a), (b), (c), (d), (e), and (f) (1), (2) and (3) shall be located a minimum of three hundred (300) feet from dwellings, early childhood care facilities, schools, health care facilities and group homes. 

(Resolution No. R-17-0040, May 30, 2017; Resolution No. R-11-0023, March 29, 2011; Resolution No. R-18-0078, November 20, 2018; Resolution No. R-22-0022, March 22, 2022; Resolution No. R-23-0001, 01/03/2023).

1. If the proposed facility is for more than one dwelling, the application must include a conversion plan that details how the site can be converted to a permitted use, permitted conditional use, or permitted special use for the applicable district.
2. In the AG zoning district, dwellings for members of a religious order shall be on a minimum of ten (10) acres.
3. The maximum number of members occupying such a facility shall not exceed the following ratios between the resident and the lot area:

AG district One resident per ten thousand (10,000) square feet

AGR district One resident per five thousand (5,000) square feet

R district One resident per three thousand (3,000) square feet

D. The Planning Commission may establish the parking requirements based on a determination of the parking needs and operation of the proposed use; no parking shall be permitted in any required yard.

(Resolution No. R-17-0040, May 30, 2017; Resolution No. R-18-0078, November 20, 2018; Resolution No. R-22-0022, March 22, 2022).

1. To be used for residential occupancy when utilized in conjunction with construction of a residence and not to exceed three (3) years in duration in the AG zoning district.
2. To be used for temporary residence renewed annually for the use of a person either giving or receiving care due to health reasons in the AG zoning district.
3. When a mobile home on an individual lot does not conform to the condition required for mobile homes in the “AG”, “AGR” and “R” zoning districts, subject to the following conditions:
   1. The lot meets all the height and area regulations of this district except the Planning Commission may increase the yard areas; (Resolution No. R-11-0023, March 29, 2011);
   2. The mobile home is securely and permanently attached to a permanent foundation complying with the building codes; and
   3. The towing bar and hitch, wheels and tires, and axles are removed. (Resolution No. R-17-0040, May 30, 2017).

1. The application for such special permit shall include the following information:
   1. The maximum proposed occupancy and event frequency for the recreation facility. Limits to the number of participants per event and limits to the maximum number of events over a certain time period may be imposed.
   2. A statement describing all proposed accessory uses and accessory buildings to be included as part of the recreation facility.
2. Yard requirements in excess of those required in the district may be imposed.
3. Parking requirements may be established based on a determination of the parking needs and operation of the proposed uses; no parking shall be permitted in any required yard. The application shall include the applicant’s estimate of parking needed for the proposed facility.
4. Outdoor lighting of the recreation facility may be permitted with the following conditions:
   1. No illumination source shall exceed initial output of 4050 lumens unless it is within a cutoff or full cutoff luminaire, except for luminous tube lighting such as neon, cold cathode, and fiber optic cable.
   2. All fixtures greater than 4050 lumens shall be cutoff or full cutoff and mounted level in the horizontal and vertical axis with the central part of the beam directed vertically downward.
   3. The installation of any mercury vapor luminaries for use as outdoor lighting is prohibited.
   4. No more than 2.0 foot-candles are allowed. Foot-candles are measured on a
      vertical plane located at the property line of the adjacent property.
5. The Planning Commission, and if appealed, the County Board may authorize structures which exceed the maximum height requirements of the district in which they are located upon a finding by the Planning Commission or County Board that there is sufficient justification for such an adjustment and that there will be no significant adverse effect on existing or reasonably anticipated future uses in the surrounding area.

(Resolution No. R-17-0040, May 30, 2017; Resolution No. R-22-0022, March 22, 2022).

1. The minimum lot size shall be ten (10) acres.
2. The maximum building size shall be ten thousand (10,000) square feet except that the maximum building size shall be allowed be up to twenty thousand (20,000) square feet including accessory buildings for lots twenty (20) acres or more in size.​​​​​​
3.  All outdoor areas shall have a setback of at least one hundred (100) feet from the nearest property line.
4. The Planning Commission, and if appealed, the County Board may limit the number of animals allowed in any outdoor area at any one time.

(Resolution No. R-17-0040, May 30, 2017; Resolution No. R-18-0078, November 20, 2018; Resolution No. R-22-0022, March 22, 2022).

a. Applicant shall provide a maximum quantity stored, manufactures, or processed onsite at any given time for extremely hazardous substances in accordance with 40 Code of Federal Regulations Part 355 and Risk Management Plan Program regulated substances in accordance with 40 CFR Part 68.

b. Applicant shall submit an emergency response plan to the Lincoln-Lancaster County Health Department for review and approval. 

c. All uses shall be located a minimum of three hundred (300) feet from dwellings, early childhood care facilities, health care facilities, schools, and group homes. 

(Resolution No. R-17-0040, May 30, 2017; Resolution No. R-18-0078, November 20, 2018; Resolution No. R-22-0022, March 22, 2022; Resolution No. R-23-0001, 01/03/2023).

1. On-site sales shall be limited primarily to products grown, manufactured, processed, treated or assembled on the premise;
2. Except for a Family as defined by this Resolution, no more than two (2) persons participate in the home occupation on the premises. For purposes of Section 13.032, participation shall exclude deliveries;
3. The lot area shall be ten (10) acres or larger;
4. Driveways and parking areas shall be provided with an all-weather (gravel or rock) surface to minimize dust and mud;
5. No more than 50% of the floor area of the residence may be used for said business when the home occupation is located within the residence;
6. The total floor area for all buildings used for said business shall not be more than 10,000 square feet;
7. Outside area used for work area, storage or other business activity (of vehicles, equipment, or materials used in the business) and parking shall not exceed 15,000 square feet;
8. All outside business related activity shall be located at least 200 feet from all premise property lines and shall be visually screened from public streets and adjacent property lines. Said visual screening shall be approved as part of the special permit;
9. Dust control of nearby unpaved roads to mitigate the impact of traffic approaching and leaving the premise may be required;
10. Building permits will be obtained as required for all new construction and remodeling of existing buildings under this permit;
11. Only one vehicle/truck over 2.5 tons (gross weight) is permitted on the site. No more than four (4) business vehicles shall be parked or stored outside on the site at any one time;
12. There is no sign other than one non-animated, non-illuminated, non-reflecting nameplate not more than twenty (20) square feet in area, which name plate designates the home occupation carried on within;
13. A site plan for this special permit shall be approved and followed. The Planning Commission/County Board may establish additional conditions such as hours of business operation, maximum daily non-resident trips to and from the business, as deemed appropriate for compatibility, health, safety and welfare relative to this use and activity. (Resolution No. R-17-0040, May 30, 2017; Resolution No. R-09-0076, September 29, 2009; Resolution No. R-18-0078, November 20, 2018)

a. Applicant shall provide documentation demonstrating that all ethanol or biodiesel produced will be utilized onsite. Excess ethanol or biodiesel produced cannot be used for retail sales.

b. Applicant shall provide how many gallons of biodiesel or ethanol will be produced per year and the maximum number of gallons stored onsite at any given time.

c. Applicant shall provide a waste management plan and spill response plan to the Lincoln-Lancaster County Health Department for review and approval.

d. All waste shall be managed in accordance with all applicable local, state, and federal regulations.

e. All uses shall be located a minimum of three hundred (300) feet from dwellings, early childhood care facilities, health care facilities, schools, and group homes. 

(Resolution No. 3501, July 29, 1980; Resolution No. R-17-0040, May 30, 2017; Resolution No. R-18-0078, November 20, 2018; Resolution No. R-22-0022, March 22, 2022, Resolution No. R-23-0001, 01/03/2023).

If the water well is located within the Lower Platte South Natural Resources District's (LPSNRD) boundaries, a water well permit and any results from tests completed as a part of the water well permitting process shall be submitted with the application for each of the following wells:

1. 1. A water well that is located in a Ground Water Reservoir and is designed, constructed, or modified to either:
      1. Pump more than fifty (50) gallons per minute and less than one thousand (1000) gallons per minute and pump less than two hundred fifty (250) acre-feet of water per year; or
      2. Pump one thousand (1000) gallons per minute or more, or pump two hundred fifty (250) acre-feet or more of water per year.
   2. A water well that is not located in a Ground Water Reservoir and is designed, constructed, or modified to either:
      1. Pump more than twenty (20) gallons per minute and less than two hundred fifty (250) gallons per minute and use less than twenty five (25) acre-feet of water per year; or
      2. Pump two hundred fifty (250) gallons per minute or more, or pump twenty five (25) acre-fett or more of water per year.

If the water well is located within the Nemaha Natural Resources District's (NNRD) boundaries, a water well permit and any results from tests completed as a part of the water well permitting process shall be submitted with the application for each of the following wells:

1. 3. A water well that is designed, constructed, or modified to pump more than fifty (50) gallons per minute.
   4. A water well that is designed, constructed, or modified to pump fifty {50) gallons per minute or less if such water well is commingled, combined, clustered, or joined with any other water well(s) or other water source serving a single purpose, other than a water source used to water an AFO.

4. A road maintenance agreement between the County and the permittee, approved by the Lancaster County Engineer and the County Attorney, shall be included as a condition of the special permit if requested by the Lancaster County Engineer.
5. A completed Lancaster County Animal Feeding Operation Siting Assessment Matrix and any necessary documentation to verify the accuracy of the completed matrix shall be submitted with the application. The County may request additional documentation.
6. The Medium or Large AFO shall be setback, at a minimum, from the nearest wall of a dwelling that is not associated with the Medium or Large AFO and from any area designated as Residential-Low Density in the Future Land Use Plan of the Lincoln/ Lancaster County Comprehensive Plan as follows:

However, the setback from an Open or Enclosed AFO shall be, at a minimum, to the lot line of any designated National or local landmark, place of worship, cemetery, school, residential or non-residential health care facility, public park (not including trails), public recreational facility, or a special permitted early childhood care facility shall be as follows:

7. Each application shall have a decommissioning plan outlining the means, procedures and cost of removing or reusing the Medium or Large AFO upon discontinuance, decommissioning or abandonment. For a Medium AFO, the requirement for the applicant to obtain, and to maintain at all times prior to discontinuance, decommissioning or abandonment, a bond or equivalent enforceable resource, acceptable to the Planning Director, to guarantee removal or reuse upon discontinuance, decommissioning or abandonment shall be included as a condition of the special permit if required by the Planning Commission, and if appealed, the County Board. For a Large AFO, the requirement for the applicant to obtain, and to maintain at all times prior to discontinuance, decommissioning or abandonment, a bond or equivalent enforceable resource, acceptable to the Planning Director, to guarantee removal or reuse upon discontinuance, decommissioning or abandonment shall be included as a condition of the special permit.

   For purposes of this Section, discontinuance, decommissioning or abandonment shall mean the facility has not stabled or confined and fed or maintained animals for at least forty-five (45) days in a twelve (12) month period.

8. A buffer consisting of two (2) rows of trees shall be supplied around the perimeter of the application area or the lot on which the Medium or Large AFO is located at the rate of one (1) deciduous tree and three (3) evergreen trees every one ­hundred (100) lineal feet. The trees shall have a mature height of at least fifteen (15) feet.  (Resolution No. R-20-0011, March 10, 2020; Resolution No. R-23-0001, 01/03/2023)

1. Market garden shall have one or more of the following accessory uses associated with the market garden: restaurants, agricultural education and training centers, agricultural tourism, or sales of agricultural products not grown on site. The accessory uses must be located on the same premises as the market garden, and the products of the market garden must be a major feature of the use that is accessory to it;
2. The total area for the market garden and its accessory uses must be at least twenty (20) acres but no more than forty (40) acres. Areas used for grazing or growing of crops for the feeding of animals on site may be excluded from the total area for the market garden;
3. The combined total area of all market garden accessory uses shall not exceed ten percent of the total area for the market garden. A single family dwelling located on the same premises as the market garden shall not be considered an accessory use to the market garden and shall not be counted toward the combined maximum total area of all the market garden’s accessory uses. The applicant shall provide a site plan showing the location, outdoor area, and building floor area of all accessory uses, their setbacks and intended use;
4. The Planning Commission may limit the maximum square footage of buildings associated with the market garden accessory use;
5. Direct access to a paved road may be required by the Planning Commission based upon the anticipated traffic generated by the use. The applicant shall include an estimate of all traffic generated based on the accessory uses on site in order to address the impact on the adjacent streets;
6. Parking shall be provided at a ratio of one space per 200 square feet of the floor area devoted to retail and service use. When the accessory use includes festivals, special events, or other large gatherings, an overflow parking area may be required with three stalls for every acre included within the special permit area. Parking may be provided on unpaved areas, except for ADA accessible stalls. (Resolution No. R-12-0023, March 20, 2012; Resolution No. R-17-0040, May 30, 2017;  Resolution No. R-18-0078, November 20, 2018).

1. The applicant shall provide information regarding the nature of the activities related to the permit and include a detailed listing of the types and quantities of materials to be processed;
2. Non-green feedstocks or organic materials which cannot pass a Paint Filter Test shall not be accepted without written approval of the Lincoln-Lancaster County Health Department;
3. The applicant shall provide information regarding the location and dimensions of any buildings on the premises, including any building to be used, in whole or in part, in permitted activity;
4. The area in which the waste is handled, stored or disposed of, must be located at least 750 feet from any dwelling not associated with the facility;
5. The applicant shall provide information on the type and number of vehicles visiting the site per day and the route that these vehicles will take;
6. Visual screening through setbacks, berming and other techniques may be required where the area and/or facility is adjacent to a residence, park, school, roadway, trail or other land use, at the discretion of the Planning Commission;
7. This special permit is final action at the Lancaster County Board of Commissioners. (Resolution No. R-14-0007; Resolution No. R-17-0040, May 30, 2017;  Jan. 28, 2014; Resolution No. R-18-0078, November 20, 2018).

1. Effects on adjacent property, traffic, utility service needs;
2. Density of land use zoning for the subject property and adjacent property;
3. The degree of hardship upon the applicant which would be caused by failure to grant such a permit. (Resolution No. R-17-0040, May 30, 2017; Resolution No. R-18-0078, November 20, 2018).

1. More than one main building may be located on a lot in conformance with the district regulations;
2. More than one main building may be located on a parcel of thirty (30) acres or more and buildings shall not cover more than five percent (5%) of the lot area;
3. Mechanical rides shall be prohibited except for sightseeing vehicles;
4. Parking: One space for every 200 square feet of floor area for permanent retail and service use. In addition, an overflow parking area shall be provided with three stalls for every acre contained within the special permit;
5. The application shall address the guidelines of the County change of zone policy and include provisions for minimizing impacts on County or community services. (Resolution No. 4277, April 28, 1987; Resolution No. R-11-0023;  March 29, 2011; Resolution No. R-17-0040, May 30, 2017;  Resolution No. R-18-0078, November 20, 2018).

1. A review shall be made in order to balance the significance of the historic structure or site against the proposed use variance from uses otherwise permitted in the district;
2. The extent of exterior change to the structure or site shall be reviewed;
3. The impact on the surrounding area shall be considered;
4. The compatibility of the proposed use to the structure or site shall be reviewed;
5. The manner in which the public shall be able to relate to or utilize the structure of site in the future shall be considered;
6. A plan of the existing and proposed grounds surrounding structure or site, including outdoor furniture and plant material, shall be submitted;
7. A parking layout shall be submitted;
8. Details shall be provided for all proposed modification of the structure or site, both interior and exterior;
9. Details of how the preservation of the structure or site is to be accomplished will be submitted;
10. The Historic Preservation Commission shall review the proposal for reuse of the structure and/or for adjustments to the applicable height and area regulations, including information regarding the above criteria, and for compliance with the guidelines developed for that landmark. The Preservation Commission shall make its recommendation to the Planning Commission prior to the public hearing required under Section 13.002.
11. The Planning Commission shall review the proposal for reuse of the structure and/or for adjustments to the applicable height and area regulations, including information regarding teh above criteria, and for conformance with the Comprehensive Plan.
12. The County Board may approve any use in any zoning district in the historic structure or site.
13. The owner of the structure or site shall file a written agreement with the County accepting all the terms and conditions of the special permit;
14. The type of signage proposed for the structure or site shall be reviewed and approved. (Resolution No. R-18-0078, November 20, 2018).

1. The distance from all lot lines to any tower support base of the WECS shall be equal to the height of the tower plus the rotor radius. The Planning Commission may grant a reduction in the specific setback table distance when it finds that such reduction shall not adversely affect surrounding property and is consistent with the intent of this title to promote the public health, safety and general welfare;
2. The distance from any tower support base of a WECS to any tower support base of another WECS under other ownership shall be a minimum of five (5) rotor distances figured by the size of the largest rotor. The Planning Commission may grant a reduction in this requirement if it finds that such reduction does not adversely affect the operation of either WECS;
3. The WECS operation shall not cause interference to the radio and television reception on adjoining property;
4. The applicant shall provide access to wind sufficient for its adequate operation, unless adequate accessibility to the wind is provided on the site;
5. The WECS, if interconnected to a utility system, shall meet the requirements for interconnection and operation as set forth in the electric utility's then current service regulations application to WECS. (Resolution No. 3744A, October 5, 1982; Resolution R-08-0090, Approved October 15, 2008;  Resolution No. R-11-0023; March 29, 2011;Resolution No. R-18-0078, November 20, 2018).

1. Such use shall comply with the height and area regulations of the "AG" District; except that the Planning Commission may reduce the minimum lot area to ten (10) acres;
2. Such use shall be permitted for a time period which shall be determined by the Planning Commission. The permittee may request administrative amendments for an extension of time;
3. The permittee shall maintain an exemption application for earth moving equipment for agriculture and soil conservation purposes; Form 410 as authorized by 77-202.46 R.S. or as may be amended;
4. The exemption application shall be filed with the County Assessor's Office and the exempt uses of the total equipment shall not be less than 75%. (Resolution No. 4656, June 26, 1990; Resolution No. R-11-0023, March 29, 2011)

1. The Planning Commission may amend the conditions of the special permit upon a showing that exceptional and unusual circumstances exist in connection with the specific parcel of land;
2. All dwellings, occupied buildings and livestock feed lots shall be located a minimum of 600 feet (200 yards) from the property line of the public lake property to protect from noise and gunfire. Adjustment for other factors such as roads, lot size, abutting uses and private agreements should be considered in applying this;
3. Sewer systems shall be designed so no effluent will reach the lake;
4. Well information shall be provided that shows there is adequate quantity and quality of water on the site and the development will not adversely affect adjacent property wells;
5. Unless already in permanent vegetation, a buffer of native grasses and forbs shall be planted within 200' abutting the public property line. Overall use of native plants and "xeroscaping" is encouraged;
6. Any disturbance of surface soils shall use the best management practices to prevent any sediment from moving off site, in accordance with a sediment plan shall be approved by the Lower Platte South Natural Resources District based on the Sediment and Erosion Manual;
7. Exterior lighting shall meet the Lincoln Design Standards for Outdoor Recreational Lighting sections on illumination levels beyond the property line (I.B) and Glare control (III) shielded to prevent trespass of light off the property;
8. Vehicular access points shall be designed so as not to conflict with other entrances and to recognize the additional traffic as well as the character of that traffic on the road. Access to paved roads is required if possible;
9. The boundary between the private and public ownership shall be posted as "private property". The signs shall be at least eleven by fourteen inches and shall be spaced no more than 1,320 feet apart and at all property corners and field entrances;
10. The public agencies of the adjacent lake property shall have the opportunity to review the special permit application as well as the Nebraska Game and Parks Commission, Natural Resources District, Corps. of Engineers and Department of Environmental and Energy;
11. All chimneys shall be equipped with spark arresters;
12. No antenna or any other structure over 35' in height shall be permitted unless approved by this permit;
13. The applicant shall acknowledge and advise future purchasers of the full utilization of all legal uses and activities that would normally occur on the public lake property abutting the application. Protective covenants shall be filed on the property containing this information;
14. Density/number of dwelling units permitted in the parcel (a range is suggested of no less than five  (5) nor more than ten (10) acres per dwelling unit);
15. The developer shall enter into a written agreement with the County on the conditions of the special permit. (Resolution No. 5428, January 22, 1997; Resolution No. R-11-0023, March 29, 2011;  Resolution No. R-18-0078, November 20, 2018; Resolution No. R-23-0001, 01/03/2023).

1. It meets minimum separation distance of one thousand five hundred (1,500) feet between such uses.
2. It meets minimum separation distance of one thousand (1,000) feet between such use and from place of religious assembly, public elementary and high schools or private schools having a curriculum equivalent to public elementary or high schools, residential uses, early childhood care facility, public park, hospital, public library, public museum, amusement park, recreation area or playground that primarily serves persons younger than eighteen (18) years old, correctional facility, residential facility licensed by the State of Nebraska in which people reside while receiving therapy, counseling or rehabilitation for physical, emotional or mental disease or disability.
3. All distancing requirements shall be measured using door to door measurement of distance.

Before making a final decision on the issuance of the above building use, the Planning Commission will hold a public hearing to consider the effect of the proposed use “upon the character of the neighborhood, traffic conditions, public utility facilities and other matters pertaining to the public health, public safety, and general welfare”. (Resolution 00-129, October 13, 2000; Resolution No. R-11-0023, March 29, 2011; Resolution No. R-17-0040, May 30, 2017;  Resolution No. R-18-0078, November 20, 2018).

1. The application shall be accompanied by the following information:
   1. A plot plan drawn to an accurate scale showing the layout of the entire site including the track, seating area, restrooms, parking lot, concession stands, lighting facilities, and other pertinent information.
   2. Proposed water and sewer systems.
   3. Drainage and grading plan.
   4. Description of the racing facility, including the type, number and average speed of motorized vehicles and time and frequency of operations.
   5. Landscaping and screening plan.
   6. Proposed measures to mitigate potential adverse environmental impacts, such as air quality, hazardous liquids and glare.
   7. Anticipated peak event attendance and parking needs.
   8. Days and hours of operation.
   9. Description, type, and frequency of other anticipated events or uses incidental to the racing facility described above.
   10. Entrances, exits and traffic flow.
   11. A professional sound assessment of the proposed race track, drag strip or motor sports facility shall be submitted by the applicant to the Health Department for review and recommendation for approval or denial. The professional sound assessment may be done in one of two ways: computer modeling or Health Department approved on-site noise generation and monitoring. If the professional sound assessment predicts or identifies NPL levels that exceed the regulatory limits established in Section 13.016(d), a sound mitigation strategies plan shall be proposed by the applicant. Such sound mitigation strategies plan shall be signed by an accredited engineer with specialty or advanced knowledge in acoustics. The sound mitigation strategies plan shall be submitted to the Health Department for review and recommendation for approval or denial of the sound mitigation strategies plan. The Health Department shall take action to recommend approval or denial of the plan within thirty (30) days of receipt.
2. The site shall contain at least seventy (70) acres in the AG district.
3. The proposed water, sewer and drainage facilities shall be reviewed and approved by the Lincoln Lancaster County Health Department.
4. The operation of a race track, drag strip or motor sports facility shall not create an A-weighted Noise Pollution Level (NPL) sound level (dBA) which exceeds the current conditional NPL on the nearest receiving properties with occupied residences in existence on the date of approval of the special permit by more than 10 dB between the hours of 10:00 a.m. and 6:00 p.m., nor more than 6 dB between the hours of 6:00 p.m. and 10:00 p.m. In addition, the NPL level shall not exceed 81 dB, no matter what the baseline NPL level. The current condition NPL noise levels shall be established by conducting noise monitoring at the closest residence(s) in outside areas that will likely be actively used for the enjoyment of their property.
   1. Noise samples shall be acquired continuously for one hour using a one second sampling rate.
   2. The sound level meter shall be set to the “A” weighting and “fast” mode.
   3. The sound level meter shall be calibrated to an approved standard before and after each measurement period.
   4. The current condition NPL shall be established by measuring both during what is believed to represent the peak noise conditions and during evening hours.
   5. Noise measurements shall be made with a sound level meter meeting the standards of the American National Standards Institute (ANSI S1.4-1983 as amended by S1.4A-1985, or the latest approved revision thereof), or its successor body, using a Type I or Type II meter.
   6. Noise monitoring shall be conducted by the Health Department.
   7. Noise measurements for enforcement purposes shall be conducted using the same protocol as provided in subsection (d)(1), (2), (3), (5) and (6) above. The formula for calculating the NPL shall be: NPL = (L50 + L10 - L90) + [(L10 - L90)² / 60]
   8. Before a special use permit is issued for a race track, drag strip or motor sports facility, a professional sound assessment of the proposed race track, drag strip or motor sports facility shall be submitted by the applicant to the Health Department for review and recommendation for approval or denial. This may be done in one of two ways: computer modeling or Health Department approved on-site noise generation and monitoring. If this sound assessment predicts or identifies NPL levels and exceed the regulatory limits established herein, sound mitigation strategies shall be proposed by the applicant. Such sound mitigation strategies shall be signed by an accredited engineer with specialty or advanced knowledge in acoustics. The noise mitigation plan shall be submitted to the Health Department for review and recommendation for approval or denial. The Health Department shall take no action to recommend approval or denial of the plan within thirty (30) days of receipt.
   9. Prior to operation, the race track, drag strip or motor sports facility shall install an approved continuous noise monitoring device at a location to be determined by the Health Department. Data collected from this monitor shall be made available to the Health Department. The Health Department shall be provided access to the race track, drag strip or motor sports facility at any reasonable time to inspect, investigate complaints or conduct noise monitoring.
5. The site shall not be located in areas for residential use, rural use/low density residential, schools, parks and open space, and the major ecological and environmental protection areas in accordance with the Comprehensive Plan.
6. The boundary of the property legally described in the application shall be located at least one half (½) mile away from existing cemeteries, hospitals and places of religious assembly and residential areas, rural use/acreage areas, schools and parks and open space as designated by the Comprehensive Plan.
7. The site shall be readily accessible from a major street or paved road with adequate access for law enforcement and emergency vehicles.
8. The site shall be located within reasonable reach of existing fire protection facilities or fire protection may be provided on-site, and shall be approved by the fire protection district. A report thereon shall be obtained from the fire protection district or authority in which the site is located.
9. The events shall not operate between the hours of 10:00 p.m. to 10:00 a.m.
10. The operation of a race track, drag strip or motor sports facility may exceed the noise sound level set forth in Section 13.016(d) for a certain number of events each calendar year upon approval by the Planning Commission. At the time of application for the special permit, the applicant shall request the number of events it proposes to exceed the noise level set forth in Section 13.016(d) each calendar year. In the event the applicant wishes to amend the number of event exceptions in any given year, the applicant must request an amendment to the special permit. The Planning Commission shall act on such request after holding a public hearing. (Resolution No. R-11-0023, March 29, 2011)

The County Board may amend any of the above conditions of the special permit, or impose additional conditions, upon a showing that such conditions are reasonably related to the interest of public health, safety, and the general welfare. (Resolution No. R-07-0061; July 24, 2007; Resolution No. R-18-0078, November 20, 2018).

1. In cases where CWECS wind turbines are part of a unified plan, parcels which are separated from one another only by the presence of public right-of-way may be combined into one special permit application. When a special permit covers multiple premises, the lease or easement holder may sign the application rather than the lot owner.
2. Turbines shall meet all FAA requirements, including but not limited to lighting and radar interference issues. Strobe lighting shall be avoided if alternative lighting is allowed. Color and finish shall be white, gray or another non-obtrusive, non-reflective finish. There shall be no advertising, logo, or other symbols painted on the turbine other than those required by the FAA or other governing body. Each turbine shall have onsite a name plate which is clearly legible from the public right-of-way and contains contact information of the operator of the wind facility.
3. Each application shall have a decommissioning plan outlining the means, procedures and cost of removing the turbine(s) and all related supporting infrastructure and a bond or equivalent enforceable resource to guarantee removal and restoration upon discontinuance, decommissioning or abandonment. Each tower shall be removed within one year of decommissioning or revocation of the special permit. Upon removal of the tower, there shall be four feet of soil between the ground level and former tower’s cement base.
4. Any proposed turbine which is within half mile of any non-participating dwelling shall provide shadow flicker modeling data showing the expected effect of shadow flicker on non-participating properties. Shadow flicker shall not fall upon any non-participating dwelling, or other building which is occupied by humans, for more than a total of 30 hours per any calendar year. If shadow flicker exceeds these limits, measures shall be taken to reduce the effects of shadow flicker on buildings, which may include shutting the turbine down during periods of shadow flicker. If a turbine violates this standard on a non-participating dwelling unit, constructed after the turbine is approved, then the turbine becomes a non-conforming use.
5. Construction and operation shall not adversely impact identified State or Federal threatened or endangered species such as saline wetlands, or rare natural resources such as native prairie and grasslands.
6. No turbine shall obstruct or impair an identified view corridor or scenic vista of public value, as mapped on the Capitol View Corridors map in the Lincoln/ Lancaster County Comprehensive Plan. The views from prominent environmental areas, such as Nine Mile Prairie and Spring Creek Prairie, shall also be protected from adverse visual or noise impacts. Any application which, upon initial review, poses a possible impact to these views will be required to be relocated or provide view shed mapping, and visual simulations from key observation points for review and approval by the Lincoln-Lancaster County Planning Department. (Resolution No. R-19-0022, March 19, 2019).
7. Setbacks to the turbine base:
   1. For the purposes of this section, “turbine height” shall be equal to hub height plus the rotor radius.
   2. For a non-participating properties, the setback shall be two (2) times the turbine height measured to the property line, or three and one-half (3.5) times the turbine height, measured to the closest exterior wall of the dwelling, whichever is greater, but at a minimum one thousand (1,000) feet to the property line. (Resolution No. R-19-0022, March 19, 2019; Resolution No. R-21-0013, February 18, 2021). 
   3. For participating dwelling, the setback shall be two (2) times the turbine height measured to the closest exterior wall of the dwelling.
   4. The setback to any public right-of-way or private roadway shall be no less than the turbine height.
   5. Setbacks to the external boundary of the special permit area shall be no less than as stated above, except that the owner of the adjacent property may sign an agreement allowing that setback to be reduced to the rotor radius plus the setback of the zoning district.
8. Noise: No CWECS or combination of CWECS turbine(s) shall be located as to cause an exceedance of the following noise level standards. The noise level shall be measured at the closest exterior wall of any dwelling located on the property. If a turbine violates a noise standard on a dwelling, constructed after the turbine is approved, then the turbine becomes a non-conforming use. 

For nonparticipating properties, the noise level shall have a forty-two (42) dBA maximum ten (10) minute Leq for all hours of the day and night, or a

1. three (3) dBA maximum ten (10) minute Leq above background level as determined by a pre-construction noise study.  

For participating properties, the noise level shall have a 

2. fifty (50) dBA maximum ten (10) minutes Leq for all hours of  the day and night. (Resolution No. R-18-0078,  November 20, 2018; Resolution No. R-21-0013, February 18, 2021). 

Each application shall include a professional third-party pre-construction noise study which includes all property within at least one mile of a tower support base and must be able to demonstrate compliance with the noise standards in paragraph (h). The protocol and methodology for such studies shall be submitted to the Lincoln- Lancaster County Health Department for review and approval. Such studies shall include noise modeling for all four seasons and include typical and worst-case scenarios for noise propagation. The complete results and full study report shall be submitted to the Lincoln-Lancaster County Healthe Department for review and approval.  (Resolution No. R-19-0022, March 19, 2019; Resolution No. R-21-003, February 18, 2021). 

9. Prior to the commencement of construction of any turbine, pre-construction noise monitoring may be conductedto determine ambient sound levels in accordance with procedures acceptable to the Lincoln-Lancaster County Health Department.
10. Prior to the commencement of construction of any turbine, the applicant shall enter into an agreement with the County Engineer regarding use of County roads during construction.
11. Post-construction noise level measurements shall be performed in accordance with procedures acceptable to the Lincoln-Lancaster County Health Department within one year of completion of construction to determine if the permittee is in compliance with this title and the terms of its special permit. Noise level measurements shall be taken by third party professional acousticians or engineering firms specializing in noise measurements and in accordance with procedures as approved by the Lincoln-Lancaster County Health Department and shall be performed at the expense of the holder of the Special Permit. Any report, information or documentation produced in accordance with such study or measurements shall be provided to the Lincoln-Lancaster County Health Department and shall be a public  document subject to Nebraska's public records laws. (Resolution No. R-19-0022, March 19, 2019). 
12. All noise complaints regarding the operation of any CWECS shall be referred to the County Board. The County Board shall determine if noise monitoring in addition to that required under the paragraph above shall be required to determine whether a violation has occurred. If the Lancaster County Board of Commissioners determines that such noise monitoring shall be required, it shall be done at the expense of the holder of the Special Permit in accordance with procedures and by third party professional acousticians or engineering firms specializing in noise measurement approved by the Lincoln-Lancaster County Health Department. The results of such monitoring shall be provided directly from the party or parties conducting the monitoring to the Lincoln-Lancaster County Health Department for review and reporting to the Lancaster Board of Commissioners. (Resolution No. R-11-0022, March 29, 2011; Resolution No. R-15-0061, November 24, 2015; Resolution No. R-18-0078, November 20, 2018; Resolution No. R-19- 0022, March 19,  2019; Resolution No. R-21-003, February 18, 2021). 

a) The application shall be accompanied by the following information: 

1) The number of children and number of staff members on the largest shift;
2) A physical description of the facility and a site plan drawn to scale that includes, but is not limited to, the location and arrangement of parking spaces, the traffic circulation pattern, loading and unloading areas, fencing, play area, and entrances/exits to such facility.
3) If the proposed facility is for twenty-one (21) or more children and is located in a residential district, the application must also include a conversion plan.

b) Prior to occupancy, such facilities shall comply with all applicable state and local early childhood care and building requirements. (Resolution No. R-18-0078, November 20, 2018).

1. The lot area shall be 20 acres or larger. For purposes of determining minimum lot area, abutting County section line and one-half section line road right-of-way is included in the total area.
2. The total square footage of the ADU shall not exceed the lesser of 1,000 square feet or 40% of the square footage of the principal dwelling, excluding the garages, carports, and space used for mechanical equipment, such as heating, utilities and water heater or pumps. Any other unfinished space in a basement is included in the square footage to allow it to be furnished in the future. The calculation for the principal dwelling shall be based on the floor area as of the date the special permit is filed.
3. No more than two (2) bedrooms are allowed in the ADU. Bedroom shall mean any room or space used or intended t be used for sleeping purposes.
4. The owner of the lot is required to live on the property in either the principal dwelling or the ADU. The owner of the lot shall file with the Register of Deeds, a deed restriction agreement on the property stating that the accessory dwelling cannot be sold separately from the principal dwelling. The deed restriction agreement must be to the satisfaction of the County Attorney. The deed restriction agreement shall be filed prior to any building permit for the ADU.
5. The ADU must share the same access point to the public or private street as the principal dwelling.
6. The ADU must meet the same setback requirements as the principal dwelling of the district. The height of the ADU must meet the height limit of the district for a dwelling, but be no higher than the principal dwelling.
7. A detached ADU shall be located a distance no greater than 200 feet from the principal dwelling and must not be closer to the street right-of-way than the principal dwelling.
8. The ADU must share utilities with the principal dwelling unless the owner can demonstrate a practical problem with sharing due to the topography or other unique site considerations.

The Planning Commission and if appealed, the County Board, may amend any of the above conditions, with the exception of Conditions 4 and 5, or impose additional conditions, upon a showing that such conditions are reasonably related to the interest of public health, safety, and the general welfare. (Resolution No. R-18-0094, December 18, 2018).

For the purposes of determining compliance with these standards, noise levels shall be measured at the closest exterior wall of any dwelling unit located on the property that submitted the noise complaint. If an electrical substation(s) owned or operated by a private electric supplier violates a noise standard at a dwelling unit constructed after the electrical substation(s) is approved, then the electrical substation becomes a non-conforming use. Electrical substations owned by public electric suppliers shall not be subject to the noise level standards herein.

3. Obtain an approved erosion control plan from the Lower Platte South Natural Resources District or Nemaha Natural Resources District, depending on the location of the Large Solar Facility, before receiving building permits.
4. The Large Solar Facility shall provide visual screening for adjacent non‑participating residential uses, public park uses, and school uses, through setbacks as otherwise required in the Lancaster County Zoning Regulations and/or other techniques to address the site-related impacts of the Large Solar Facility on adjacent non-participating properties.
   1. The applicant shall use fences, walls, berming, vegetation, or some combination thereof to provide visual screening. Fencing, walls or berming may be used to supplement other screening methods, but shall not account for over fifty percent (50%) of the screening. Existing natural features, topography and vegetation may be used to achieve visual screening if provided in accordance to the visual screening requirements provided herein.
      1. If the visual screening is for adjacent non-participating residential uses, it shall be provided as follows: 
         1. The screen shall only be required if the closest exterior wall of the dwelling is within three hundred (300) feet of the property line adjacent to the Large Solar Facility. 
         2. If the screen is required, the screen shall cover one hundred percent (100%) of the surface area of a vertical plane extending along the property line adjacent to the Large Solar Facility at an amount equal to or greater than the surface area of the dwelling to be visually screened, plus seventy five (75) feet in both directions or until it reaches a public road right-of-way, whichever comes first, and from the ground to a height of at least eight (8) feet above the adjacent ground.
      2. If the visual screening is for adjacent non-participating public park or school uses, it shall be provided as follows:
         1. The screen shall cover at least seventy percent (70%) of a vertical plane extending along the entire property line adjacent to the Large Solar Facility, from the ground to a height of at least eight (8) feet above the adjacent ground.
   2. If the visual screening is achieved through a fence or wall, it shall be provided along the property line as follows:
      1. Acceptable fence and wall materials for visual screening include masonry, stone, and wood, but exclude chain link fences (with or without slats). Alternative fence materials being used for screening must be approved by the Planning Director.
   3. If the visual screening is achieved through berming, it shall be provided along the property line as follows:
      1. The side slopes shall not exceed three to one (3 to 1), horizontal to vertical.
      2. The mounded ground surface shall be protected to prevent erosion though the use of turf lawn or other alternative groundcovers.
   4. If the visual screening is achieved through vegetation, it shall be provided along the property line as follows:
      1. At a rate of at least four (4) trees every one hundred (100) linear feet. Of the four (4) trees every one hundred (100) linear feet, at least one (1) shall be a deciduous shade tree and three (3) shall be evergreen or ornamental trees. The trees shall be evenly distributed within each one hundred (100) linear feet section.
      2. At least two-thirds (2/3), but no more than three-quarters (3/4) of the total ornamental/evergreen trees along the property line shall be made up of evergreen trees.
      3. Each tree shall have a minimum mature height of fifteen (15) feet.
   5. Visual screening is not required along the property line adjacent to a Participating Property. 
5. Each application shall have a decommissioning plan (removal of equipment/improvements and restoration of lands) that is reviewed and approved by the Planning Department prior to beginning operations. The decommissioning plan shall provide the following:
   1. A plan outlining the means, procedure, and costs of removing the Large Solar Facility, including, but not limited to, the solar panels and collectors, electrical wiring/cabling, fencing, and any related supporting infrastructure to a minimum depth of three (3) feet.
   2. At the expense of the permittee, a cost estimate for the decommissioning of the Large Solar Facility and any estimated resale and salvage value shall be prepared by a professional engineer. The permittee shall provide to the Planning Department a revised and updated decommissioning cost estimate every five (5) years from the date of approval to cover the cost of meeting this obligation. The decommissioning cost estimate shall explicitly detail the cost, any estimated resale and salvage values, shall account for inflation, cost and value changes, and advances in decommissioning technologies and approaches.
   3. The estimated decommissioning cost, less any resale and salvage value, shall be guaranteed in one of the following forms: (i) surety bond, (ii) cash to be held in escrow by the County Treasurer at a Bank, or (iii) a letter of credit from a financial institution reasonably acceptable to the County which shall be irrevocable unless replaced with cash or other form of security reasonably acceptable to County. The owner of the Large Solar Facility shall provide the decommissioning cost guaranty no later than the end of the fifteenth (15th) year of operation, and shall maintain the financial security thereafter for as long as the Large Solar Facility is in existence or upon discontinuance, decommissioning, or abandonment of the Large Solar Facility Such financial security shall be updated every five (5) years to cover the costs associated with the updated decommissioning cost estimates.
   4. For purposes of this Section, discontinuance, decommissioning, or abandonment shall mean the Large Solar Facility has produced no energy for twelve (12) consecutive months. The owner or operator shall have twelve (12) months to complete decommissioning of the Large Solar Facility. If the owner or operator of the Large Solar Facility fails to remove the installation in accordance with the requirements of this permit or within twelve (12) months following discontinuance, decommissioning, or abandonment, the County may collect the bond or other financial security and the County or a hired third party may enter the property to physically remove the installation.
6. The Large Solar Facility shall meet the following setback requirements:

2. A Small Solar Facility may be allowed in the AGR and R Districts by special permit under the following conditions:
   1. The Small Solar Facility shall be in conformance with subsections 13.051(a)(i)-(vi) above.
   2. The height of the solar panel or solar collector and any mounts shall not exceed fifteen (15) feet when oriented at maximum tilt.   (Resolution No. R-20-0037, July 14, 2020; Resolution No. R-23-0001, 01/03/2023

1. A.
   The site for the farm winery social hall shall be on the same premises as a farm winery.
2. B.
   The use of the farm winery social hall will primarily be for one-day activities. A farm winery social hall shall have a maximum of one primary event space and two secondary event spaces. The farm winery social hall may be in the same building as the winery or in a separate building. If the farm winery social hall primary event space is seperate from the winery building, the winery and farm winery social hall together shall have a mximum of two secondary event spaces. The primary event space shall not be open for use more than three (3) days per week.
3. C.
   The farm winery social hall primary event space shall not exceed a maximum of 400 persons. All secondary event spaces shall not exceed a maximum capacity of 100 persons.
4. D.
   There shall be no amplified music outside of the farm winery social hall, except during a wedding ceremony.
5. E.
   The site shall have access via a paved road.
6. F.
   Parking shall be provided at a ratio of one space per one hundred (100) square feet of the building.
7. G.
   Outdoor lighting of the farm winery social hall may be permitted with the following conditions:

   1. 1.
      No illumination source shall exceed initial output of 4050 lumens unless it is within a cutoff or full cutoff luminaire, except for luminous tube lighting such as neon, cold cathode, and fiber optic cable.
   2. 2.
      All fixtures greater than 4050 lumens shall be cutoff or full cutoff and mounted level in the horizontal and vertical axis with the central part of the beam directed vertically downward.
   3. 3.
      The installation of any mercury vapor luminaries or use as outdoor lighting is prohibited.
   4. 4.
      No more than 2.0 foot-candles are allowed. Foot-candle is measured on a vertical plane located at the property line of the adjacent property.
8. H.
   The application shall include the following information: Type of activity, expected peak use and building capacity, anticipated time of peak activity, expected number of days, maximum capacity of primary and secondary event spaces, and expected expansion of facilities. 
9. I.
   The Planning Commission and if appealed, the County Board may not waive Conditions a, c, and e.

(Resolution No. R-23-0059, August 29, 2023)

1. a.
   The minimum lot size shall be 20 acres.
2. b.
   The majority of the premises are for agricultural use.
3. c.
   Mechanical rides shall be prohibited except for hayrack and sightseeing vehicles operated by the owner or staff of the Agricultural Attraction;
4. d.
   Parking: One space for every 200 square feet of floor area for permanent retail and service use. In addition, an overflow parking area shall be provided with three stalls for every acre contained within the special permit.
5. e.
   The application shall include the following information: A site plan with property boundary, existing or proposed buildings, existing uses on the site, proposed activity areas identified by type, parking areas,                      expected peak attendance levels and building capacity, expected number of days in operation, and expected expansion of facilities.
6. f.
   The applicant shall include an Average Daily Traffic estimate of all traffic generated based on the uses on site in order to address the impact on the adjacent County roads and streets.  A traffic study and/or road maintenance agreement may be required as determined by the Lancaster County Engineer.
7. g.
   Unless waived by the Planning Commission, the Agricultural Attraction site must have direct access to a paved road(s).
8. h.
   If required access to a paved road is waived by Planning Commission, a road maintenance agreement may be required.
9. i.

   The Planning Director may grant administrative amendments to Special Permits granted under this section to   increase allowable floor and area of attraction by 15%.

   j.

   The applicant shall include in the request for a Special Permit information about wastewater treatment and potable water supply.

10. j.

      Outdoor lighting of the agricultural attraction may be permitted with the following conditions:

    1. No illumination source shall exceed initial output of 4050 lumens unless it is within a cutoff or full cutoff   luminaire, except for the luminous tube lighting such as neon, cold cathode and fiber optic cable.

    2. All fixtures greater than 4050 lumens shall be cutoff or full cutoff and mounted level in the horizontal and vertical axis with the central part of the beam directed vertically downward.  

    3.  The installation of any mercury vapor luminaries or use as outdoor lighting is prohibited.

    4.  No more than 2.0 foot-candles are allowed.  Foot-candle is measured on a vertical plane located at the          property line of the adjacent property.

1. i.
   It is used in association with energy transmission, substations, and/or solar or wind energy conversion systems.
2. ii.
   Meets the setback and height requirements of the district unless adjusted by the Planning Commission.
3. iii.
   The Planning Commission may require additional screening to address site related impacts of the Battery Energy Storage System.
4. iv.
   The system has an emergency action plan approved by the Lincoln Bureau of Fire Prevention or Rural Fire District as applicable that includes pertinent information in case of fire or other emergency on site, including but not limited to , 24-hour contact information, access to lock boxes, access points, the location of shut offs and circulation patterns.
5. v.
   Safety data sheet information is provided to the Health Department for the battery chiller systems.
6. vi.
   The Battery Energy Storage System complies with the following sound requirements:

1.  
   1. A.
      All battery energy storage systems (BESS) shall be located and constructed in such a manner that noise levels do not exceed the sound level limits established in Table 1 below:

1.  
   2. B.
      If a noise level limit has been established by another ordinance, resolution, or other city/village requirement that is different from an applicable limit in Table 1, that limit shall be used to determine compliance with sound level requirements.  Measurements performed to determine compliance with limits other than those established in Table 1 shall be performed as prescribed in the underlying requirement, or as prescribed in ‘C’ below.
   3. C.
      Measurements performed to determine compliance with the limits in Table 1 shall be made at or within the property boundary of the receiving land use. The measurements shall be made with a sound level meter meeting the standards of the American National Standards Institute (ANSI), or its successor body, for a minimum of a Type II meter.  Measurements shall be performed using ‘slow’ meter response or a sound level meter with L_eq function.
   4. D.
      For the purposes of these provisions, the following definitions shall apply:

      1. i.
         L_eq shall mean ‘equivalent A-weighted sound level’, or the constant sound level that, in a given situation and time period, conveys the same sound energy as the actual time-varying A-weighted sound.
      2. ii.
         Noise-sensitive zone shall mean any area designated by the Director of the Lincoln-Lancaster County Health Department for the purpose of ensuring exceptional quiet. The following have been designated as noise sensitive zones: churches, except residential dwelling units, synagogues, mosques; libraries; public and private schools, day care centers, preschools; health care facilities; housing for the elderly; mobile home courts; auditoriums, concert halls, and music shells; except that this designation shall apply only to structures constructed after October 29, 1979.
      3. iii.
         Property boundary shall mean an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person.
      4. iv.
         Sound level meter shall mean an instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter, and weighting networks used to measure sound pressure levels.

7. vii.
   The Planning Commission may impose such other conditions as are appropriate and necessary to protect the health, safety, and general welfare of the public (Resolution No. R-25-0057, September 2, 2025)