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Lincoln City Zoning Code

ARTICLE 2

DEFINITIONS

2.001. Definitions - General Provisions.

For the purpose of this title, certain terms and words are hereby defined. Certain chapters contain definitions which are additional to those listed here. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word "structure" shall include the word "building" and the word "shall" is mandatory.

2.011. J.

2.012. K.

2.022. U.

2.025. X.

2.027. Z

Academies

Academies shall mean education and instruction facilities including but not limited to dance or music academies, gymnastic or martial arts school. Academies shall not include early childhood care facilities, public schools, private schools or vocational schools. (Approved Resolution No. R-17-0040, May 30, 2017; Resolution No. R-23-0022, 04/11/2023)

A

An accessory building is a subordinate building or a portion of the main building, the use of which is incidental to that of the main building or to the main use of the premises. An accessory use is one which is incidental to the main use of the premises.

A

Accessory Dwelling Unit is a subordinate building or portion of the main building for use as a secondary single-family dwelling which is incidental to use of the main building for a primary single-family dwelling.

E

Except for special permit applications for Commercial Feedlots under Section 13.035(a) filed prior to March 10, 2020, Agriculture shall mean the use of land for the purpose of raising and harvesting crops; for the raising, breeding, or management of fish or honeybees; for Small Animal Feeding Operations, for truck gardening, forestry, nurseries or orchards; for the non-commercial on-farm storage or processing of agricultural products produced on the premises; or for any other similar agricultural, horticultural, or silvicultural or aquacultural use. (Resolution No. R-20-0011, March 10, 2020)

 

For special permit applications for Commercial Feedlots under Section 13.035(a) filed prior to March 10, 2020, Agriculture shall mean the use of land for the purpose of raising and harvesting crops; or for the raising, breeding, or management of livestock, poultry, fish or honeybees; or for dairying, truck gardening, forestry, nurseries or orchards; for the non-commercial on-farm storage or processing of agricultural products produced on the premises; or for any other similar agricultural, horticultural, or silvicultural or aquacultural use. (Resolution No. 4921, June 30, 1987).

Agricultural Attraction

Agricultural Attraction shall mean a premises used primarily for agriculture for the purpose of raising and harvesting crops for sale, but that also includes a limited amount of area devoted to the provision of entertainment for a period of no more than four months per year. Examples of agricultural attractions include, but are not limited to, pumpkin patch, apple orchard, or corn maze where, in addition to agricultural production, there are areas for sale of other goods and entertainment. Attractions shall not include mechanical rides other than hayrack and sightseeing vehicles. (Resolution No. R-18-0078,
November 20, 2018)

Annual Attraction Event

Annual Attraction Event shall mean an event or attraction that is open or communicated to the public, including carnivals, circuses, fairs, festivals and musical festivals and other events and attractions, excluding Places of Religious Assembly and private events and attractions which are not open or communicated to the public. Such event or attraction shall be limited to occur no more than once per calendar year. (Resolution No. R-25-0009, January 28, 2025)

1. Communication to the public shall mean any information giving notice of the event that a
person makes available including by media distribution regardless if it is in print or
electronic format, verbal, or other forms of communication.

Airfield.

Airfield. An area of land and/or water, publicly or privately owned, that is used or intended to be used for the landing and takeoff of aircraft, including general aviation aircraft, helicopters, seaplanes and ultra-light aircraft or vehicles, but excluding air carrier aircraft, that may be open to the public for commercial or business purposes and shall meet State standards on the basis of Mean Sea Level (MSL) elevations. It may include appurtenant areas, facilities or buildings suitable to house, handle or service aircraft. Any such aircraft or vehicle operating from a private airfield shall attain safe and reasonable clearances over utility lines, poles, towers and appurtenances which may be located in the path of any runway. (Resolution No. 5367, August 26, 1996; Resolution No. R-18-0078, November 20, 2018) 

Airfield, Commercial Agricultural

Airfield, Commercial Agricultural An airfield that is the permanent base of operation for an aerial applicator, under land ownership or lease, within the County, the operator of which is a certified applicator under the Rules and Regulations of the State of Nebraska, Department of Aeronautics. The Commercial Agricultural airfield shall be for the exclusive use and operation of the Commercial Agricultural airfield owner or lessee for their aircraft and shall not be open to the public. Any such aircraft or vehicle shall attain safe and reasonable clearances over utility lines, poles, towers and appurtenances which may be located in the path of any runway. (Resolution No. 5367, August 26, 1996)

Airfield, Family

Airfield, Family An airfield, the use of which is restricted to the non-commercial use by the airfield owner (who must be a natural person) or members of the owner's family, or to an individual person, lessee (who must be a natural person) or members of the lessee's family. A maximum of four (4) families may jointly use a family airfield in the manner provided in this section, so long as each family owns or is leasing a buildable parcel which has 150' frontage on the runway of the family airfield. The use of a family airfield may include an occasional guest or visitor. The family airfield shall accommodate a minimum paved runway length of 300 feet, and the vehicle using the runway shall clear the adjacent property line by a height of 50 vertical feet above the end of the runway during normal takeoff operations or by a height of 150 feet over a Residential zoned property and 100 feet over Agriculture Residential property. Any such aircraft or vehicle shall attain safe and reasonable clearances over utility lines, poles, towers and appurtenances which may be located in the path of any runway. (Resolution No. 5367, August 26, 1996)

Airport

Airport An area of land and/or water, open to the public which is designed and built for the landing and takeoff of various aircraft, including but not limited to air carrier, commuter or general aviation aircraft, and normally would include passenger terminals and other aviation related facilities and buildings. The design and minimum standards for each airport shall conform to State and Federal regulations. (Resolution No. 5367, August 26, 1996)

A

Alley A public or private thoroughfare which affords only a secondary means of access to property abutting thereon.

Anaerobic Digestion

Anaerobic Digestion Anaerobic digestion shall mean the controlled biological breakdown of biodegradable organic material in the absence of oxygen. (Resolution No. R-17-0040, May 30, 2017)

Anaerobic Digestion Operation, Commercial

Anaerobic Digestion Operation, Commercial Commercial Anaerobic Digestion Operation shall mean any premises that is maintained, used or operated, wholly or partially, for accepting, receiving or otherwise utilizing organic materials that originated on the premises or are derived off the premises for the purpose of creating biogas, biosolids, or digestate through the process of anaerobic digestion on the premises. Commercial Anaerobic Digestion Operation includes any profit or not for profit operation that collects or accepts organic materials from a premises other than the premises from where the anaerobic digestion occurs. (Resolution No. R-17-0040, May 30, 2017)

Animal Feeding Operation

Except for special permit applications for Commercial Feedlots under Section 13.035(a) filed prior to March 10, 2020, Animal Feeding Operation (AFO) shall mean an operation and any buildings or designated areas necessary for an operation that stables or confines and feeds or maintains beef cattle, dairy cattle, horses, swine, sheep, poultry, or other livestock for a total of forty five (45) days or more in any twelve (12) month period. AFO does not include aquaculture. (Resolution No. R-20-0011, March 10, 2020)

A

Apartment A room or suite of rooms in a multiple dwelling, or where more than one dwelling unit is established above non-residential uses, intended or designed for use as a residence by a single family including culinary accommodations.

Apartment House

Basement

Basement shall mean that portion of a building between floor and ceiling which is partly below and partly above grade but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling.

Battery Energy Storage System

Battery Energy Storage System (BESS) means any device capable of storing at least 600 kilowatt hours of energy to supply electrical energy to the grid at a future time. BESS shall not include a stand-alone 12-volt car battery or an electric motor vehicle (Resolution No. R-25-0057, September 2, 2025).

Beer

Beer shall mean a beverage obtained by alcoholic fermentation of an infusion or concoction of barley or other grain, malt and hops in water and includes, but is not limited to, beer, ale, stout, lager beer, porter, near bear, flavored malt beverage, and hard cider.  (Resolution No. R-20-0003, January 12, 2021)

Biodegradable

Biodegradable shall mean an organic material with the ability to be broken down using aerobic or anaerobic processes into the raw materials of nature and disappear into the environment. (Resolution No. R-17-0040, May 30, 2017)

Biogas

Biogas shall mean a gas produced through anaerobic digestion and is primarily composed of methane and carbon dioxide, but also may contain impurities such as hydrogen sulfide. (Resolution No. R-17-0040, May 30, 2017)

Biosolids

Biosolids shall mean solids derived from primary, secondary or advanced treatment of domestic wastewater which have been treated through one or more controlled processes that significantly reduce pathogens and reduce volatile solids or chemically stabilize solids to the extent that they do not attract vectors. Biosolids shall include digestate resulting from the anaerobic digestion of organic materials. (Resolution No. R-17-0040, May 30, 2017)

Broadcast Tower

Broadcast Tower shall mean a structure for the transmission or broadcast of radio, television, radar or microwaves which exceeds the maximum height permitted in the district in which it is located.

Building

Building Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels, or property. Poles used for the support of wires and appurtenant equipment for supplying public utility services shall not be considered as buildings or structures under this resolution.

Buildings, Height of

Buildings, Height of The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between the eaves and ridge for gable, hip, shed and gambrel roofs.

Campground

Campground shall mean a parcel of land intended for temporary occupancy by any of the following: tent, tent trailer, cabin or recreational vehicle. (Resolution No. 4123, August 25, 1986; Resolution No. R-18-0078, November 20, 2018)

Cellar

Cellar shall mean that portion of a building between floor and ceiling which is wholly or partly below grade and so located that the vertical distance from grade to the floor below is equal to or greater than the vertical distance from grade to ceiling.

Clinic

Clinic A clinic is an establishment where patients are admitted for special study and treatment by a group of physicians practicing medicine together.

Closing Section

Closing Section Any section of land bordering on the north or west line of a township. (Resolution No. 3478, June 24, 1980)

Club

Club shall mean a building or facility owned or operated by persons associated for a social, educational or recreational purpose, not operated primarily for profit nor to render a service which is customarily carried on as a business, and which is generally restricted to members and their guests using the facility for the purpose for which they have been associated; this shall not include a building of religious assembly, or the occasional accessory use of a private residence as a meeting place. (Resolution No. R-17-0040, May 30, 2017)

Commercial Composting Operation

Commercial Composting Operation shall mean any premises that is maintained, used or operated, wholly or partially, for accepting, receiving or otherwise utilizing organic materials that originated on the premises or are derived off the premises for the purpose of creating composted material or compost on the premises. Commercial composting operation includes any profit or not for profit operation that collects or accepts organic materials from a premises other than the premises from where the composting occurs. (Resolution No. R-17-0040, May 30, 2017; Resolution No. R-14-0007, Jan. 28, 2014)

Composting

Composting shall mean the controlled aerobic, thermophilic, microbial degradation of organic material to a stabilized, humus-like material. Composting shall include vermicomposting and vermiculture. Composting shall not include land application of organic material that is worked into the soil. (Resolution No. R-17-0040, May 30, 2017; Resolution No. R-14-0007, Jan. 28, 2014)

Composted Material or Compost

Composted Material or Compost shall mean the solid material resulting from the composting process. It includes both the material produced from aerobic composting, vermicomposting, and vermiculture. (Resolution No. R-17-0040, May 30, 2017)

Compostable

Compostable shall mean an organic material with the ability to be broken down using aerobic processes and eventually turned into a nutrient-rich material and is limited to solid materials and does not refer to liquids. (Resolution No. R-17-0040, May 30, 2017)

Commercial Wind Energy Conversion Systems/Turbines (CWECS)

Commercial Wind Energy Conversion Systems/Turbines (CWECS) A commercial grade wind energy conversion system (WECS) of over 100 Kilowatt (KW) plate rated capacity and intended to be used primarily to provide off-site power. (Resolution No. R-11-0022, March 29, 2011)

C

Contractor Services shall mean a business which provides a service which is primarily performed off-site. Few customers visit the site. Common examples of contractor services include plumbing, heating and air conditioning, electrical, exterminator, lawn and garden and construction. Outdoor storage, machinery, trucks, and service vehicle fleets are common accessory uses. (Resolution No. R-18-0078, November 20, 2018) 

Digestate

Digestate shall mean both solid and liquid substances that remain following anaerobic digestion of organic material in an anaerobic digestion facility. "Solid digestate" shall mean the solids resulting from anaerobic digestion, and "liquid digestate” shall mean the liquids resulting from anaerobic digestion. (Resolution No. R-17-0040, May 30, 2017)

Distillery

Distillery shall mean a facility where Spirits are distilled. (Resolution No. R-23-0059, August 29, 2023)

District

District A section of sections of Lancaster County for which regulations governing the use of buildings and premises, the height of buildings, the size of yards, and the intensity of use are uniform.

Domestic Shelters

Domestic Shelters shall mean a temporary shelter for individuals affected by domestic violence. Such use shall be operated by a public or nonprofit entity and may provide temporary boarding, lodging, counseling and support services. (Resolution No. 5407, November 19, 1996)

D

Dwelling Any building or portion thereof which is designed and used for residential purposes. (Resolution No. R-18-0078, November 20, 2018) 

Dwelling, Single Family

Dwelling, Single Family A building having accommodations for and occupied exclusively by one (1) family.

Dwelling, Two-Family

Dwelling, Two-Family A building having accommodations for and occupied exclusively by two (2) families.

Dwelling, Multiple

Dwelling, Multiple A building having accommodations for and occupied exclusively by more than two (2) families.

E

Early Childhood Care Facility shall mean a building for the provision of services in lieu of parental supervision for four or more children under thirteen years of age for compensation either directly or indirectly, on the average of less than twelve hours per day, but more than two hours per week, and shall include any employer-sponsored child care, child care home, child care center, before- and after-school child care program, or preschool or nursery school, but shall not include casual care at irregular intervals, a recreation camp, classes or services provided by a religious organization other than child care or preschool or nursery school, or a preschool program conducted in a school approved pursuant to Nebraska State Statutes. (Resolution No. R-18-0078, November 20, 2018) 

Electrical substation

Electrical substation shall mean a facility with equipment that switches, changes, or regulates electric voltage. (Resolution No. R-20-0037, July 14, 2020)

Enclosed Animal Feeding Operation

Except for special permit applications for Commercial Feedlots under Section 13.035(a) filed prior to March 10, 2020, Enclosed Animal Feeding Operation (Enclosed AFO) shall mean an AFO that stables or confines the animals within totally enclosed buildings. Each enclosed building shall be roofed and have walls that extend from the floor to the ceiling. The floor may be of a type including, but not limited to, hard surfaced, earthen, or slatted. An Enclosed AFO may include accessory buildings necessary for an operation that are not totally enclosed. (Resolution No. R-20-0011, March 10, 2020)

Excavation

Excavation shall mean the removal of clay, soil, limestone, sandstone, sand, or gravel from the earth on a project site in excess of one acre by excavating, stripping, leveling, or any other process together with all other types of mining and quarrying operations for material that is removed from the earth. Excavation shall not include grading of land in accordance with an approved preliminary plat, building permit, or normal farming practices. (Resolution No. R-17-0040, May 30, 2017)

Family

Family One or more persons immediately related by blood, marriage or adoption and living as a single housekeeping unit in a dwelling shall constitute a family. A family may include, in addition, not more than two (2) persons who are unrelated for the purpose of this title:

  1. A person residing with a family for the purpose of adoption;
  2. Not more than six (6) persons under 16 years of age, residing in a foster home licensed as such by the State of Nebraska;
  3. Not more than four (4) persons 16 years of age or older residing with a family for the purpose of receiving foster care;
  4. Any person who is living with a family at the direction of a court.

Farm

Farm An area which is used for the growing of the usual farm products such as vegetables, fruit trees, and grain and their storage on the area, as well as horses, cattle, sheep and swine. The term farming includes the operating of such an area for one or more of the above uses, including dairy farms with the necessary accessory uses for treating or storing the product; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal farming activities.

Farmstead

Farmstead An area of twenty (20) acres or more in which is located at least one (1) dwelling unit and on which farm products of a value of one thousand dollars ($1,000.00) or more are raised each year.

Farm Winery

Farm Winery Farm Winery shall mean any enterprise which produces and sells wines produced from grapes, other fruit or suitable agricultural products of which seventy-five (75) percent is grown in the State of Nebraska. (Resolution No. 5437, February 18, 1997)

F

Feedlot, Commercial, For special permit applications for Commercial Feedlots under Section 13.035(a) filed prior to March 10, 2020,  a  Commercial Feedlot is a use where the principal business is the feeding of livestock or poultry for the purpose of sale for slaughter or butcher. Commercial Feedlot shall not include dairy herds or the keeping of livestock other than for slaughter or butcher. (Resolution No. R-17-0040, May 30, 2017) (Resolution No. R-20-0011, March 10, 2020)

Flood Plain

Flood Plain shall mean those lands which are subject to a one percent or greater change of flooding in any given year. (See ARTICLE 11 for additional definitions.)

Floodprone Area

Floodprone Area Those lands subject to a one percent or greater change of flooding in any given year, as determined by hydrologic and hydraulic studies completed by the City of Lincoln, Lancaster County, or other government agency, or other acceptable source as approved by the County where this is the best available information. (Resolution R-09-0070, September 15, 2009)

Floor Area

Floor Area shall mean the total number of square feet of floor space within the outside of the exterior walls of a building, not including storage space in cellars or basements and not including space used for the parking of automobiles.

Food Waste

Food Waste shall mean any whole, partial, or residual, source-separated, fruits, vegetables, seeds, plate-scrapings, and excess servings from prepared foods for human consumption that have either gone uneaten, exceeded their use date, spoiled, or otherwise are unwanted or unneeded, and associated serving utensils, devices, and containers that have been deemed biodegradable and compostable through proven study. (Resolution No. R-17-0040, May 30, 2017)

F

Frontage shall mean the length of the property on one side of a street between two street intersections (crossing or terminating), measured along the property line at the street, or if the street is dead-ended, the length of the property abutting on one side between an intersecting street and the dead-end of the street.

Garage, Private

Garage, Private An accessory building designed or used for the storage by the occupants of the building to which it is accessory. (Resolution No. R-16-0076, November 29, 2016)

 

Garden Center

Garden Center shall mean one or more buildings used primarily for the retail sale of items useful in the culture, display or decoration of lawns, gardens or indoor plants; including books, appliances, and tools, but not including power tools or tractors. (Resolution No. R-18-0078, November 20, 2018) 

Government Lot

Government Lot A lot which was created by the original government survey to distribute errors in measurements while subdividing a township into section. All such lots are located only in closing sections, and are recorded in the surveyor's records of Lancaster County, although specific reference to them as Government Lots may or may not have appeared in original or subsequent deeds. Copies of the surveyor's records of Lancaster County are available for inspection at the County-City Building in the Department of Building and Safety and the Planning Department, and also at the County Engineer's Office. (Resolution No. 3478, June 24, 1980; Resolution No. R-18-0078, November 20, 2018)

 

Grade

Grade shall mean:

A reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than 6 feet from the building, between the building and a point 6 feet from the building. (Resolution No. R-17-0040, May 30, 2017)

Any wall approximately parallel to and not more than five (5) feet from a street line is to be considered as adjoining the street and where no sidewalks exist the sidewalk grade shall be established by the County Engineer.

Ground Water Reservoir

"Ground Water Reservoir" shall mean a disignated area of land under which a major aquifer is known to exist and which has been delineated by the Lower Platte South Natural Resources District (LPSNRD). (Resolution No. R-20-0011, March 10, 2020)

Group Home

Group Home shall mean a facility in which more than two (2) but less than sixteen (16) persons who are unrelated by blood, marriage or adoption reside while receiving therapy or counseling but not nursing care, for any of the purposes listed below. Such facility shall be licensed or approved by the State of Nebraska or other appropriate agency.

  1. Adaption to living with, or rehabilitation from, the handicaps of physical disability;
  2. Adaption to living with, or rehabilitation from, the handicaps of emotional or mental disorder, or mental retardation;
  3. Rehabilitation from the effects of a drug or alcohol abuse;
  4. Supervision while under a program of alternatives to imprisonment, including but not limited to pre-release and probationary programs.

Health Care Facility, Non-Residential

Health Care Facility, Non-Residential Non-residential health care facility shall mean a building or structure that generally includes an office environment, outpatient services and little to no permanent residential component but which may allow for a stay in the facility by patients receiving care for more than 24 hours. These facilities shall be licensed or approved by the state or an appropriate agency, if required. A hospital is an example of a non-residential health care facility.

Health care facility does not include doctors or dentists professional offices and private clinics. (Resolution No. R-17-0040, May 30, 2017)

Health Care Facility, Residential

Health Care Facility, Residential Residential health care facility shall mean a building or structure that is to be used in a residential nature, licensed or approved by the state or an appropriate agency, if required. Residential health care facility could include but would not be limited to the following types of facilities: Assisted Living, Nursing Care, Memory Care, Convalescent Home, Hospice Home, Group home for 16 or more people and Intermediate Care, and may include independent living units. (Resolution No. R-17-0040, May 30, 2017)

 

Heliport

Heliport An existing or proposed heliport shall comply with the technical information and guidelines of the Federal Aviation Administration Advisory Circulars in effect at the time of application. (Resolution No. 5367, August 26, 1996)

Heritage Center

Heritage Center One or more buildings and open space within which a historical significant era or activity is displayed, provided that, the retail of crafts or other works is complementary to such era of activity. (Resolution No. 4277, April 28, 1987)

Home Occupation

Home Occupation shall mean any occupation or activity which: 1) is carried on within a dwelling unit or accessory building by a Family, as defined by this Resolution and others as allowed by this Resolution; and 2) is incidental and secondary to the residential occupancy and does not change the residential character thereof. The regulations pertaining to home occupations can be found in ARTICLE 13 and 15. (Resolution No. R-17-0040, May 30, 2017; Resolution No. R-09-0076, September 29, 2009)

Hotel

Hotel A dwelling not consisting of dwelling units and occupied by more than twenty (20) persons all of whom may reach their living accommodations by passing through one central lobby.

Housing for the Elderly

Housing for the Elderly shall mean any dwelling in which each occupied dwelling unit is occupied by at least one (1) person of 60 years of age or more.

Interior Section

Interior Section Any section of land in a township, except those sections lying along the west line or north line of a township. (Resolution No. 3478, June 24, 1980)

Landscaping

Landscaping shall mean that an area is permanently devoted and maintained for the growing of trees, shrubbery, lawns and other plant materials; landscaping shall conform to all applicable standards adopted by the County Board.

Large Animal Feeding Operation

Except for special permit applications for Commercial Feedlots under Section 13.035(a) filed prior to March 10, 2020, Large Animal Feeding Operation (Large AFO) shall mean an AFO that stables or confines as many as or more than the number of animals specified in any of the following categories:  

  • 700 mature dairy cows, whether milked or dry;
  • 1,000 veal calves;
  • 1,000 cattle other than mature dairy cows or veal calves and including but not limited to heifers, steers, bulls, and cow/calf pairs;
  • 2,500 swine each weighing 55 pounds or more;
  • 10,000 swine each weighing less than 55 pounds;
  • 500 horses;
  • 10,000 sheep or lambs;
  • 55,000 turkeys;
  • 30,000 laying hens or broilers, if the animal feeding operation uses a liquid manure handling system;
  • 125,000 chickens, other than laying hens, if the animal feeding operation uses other than a liquid manure handling system;
  • 82,000 laying hens, if the animal feeding operation uses other than a liquid manure handling system;
  • 5,000 ducks, if the animal feeding operation uses a liquid manure handling system; or
  • 30,000 ducks, if the animal feeding operation uses other than a liquid manure handling system.

(Resolution No. R-20-0011, March 10, 2020)

Large Solar Facility

Large Solar Facility shall mean multiple SECSs and any related supporting infrastructure that primarily provide off-site power, have a rated capacity of one hundred (100) kilowatts (kW) (ac) or more, and is the primary use on a premises.  (Resolution No. R-20-0037, July 14, 2020)

Lodging House

Lodging House A building or place where lodging is provided (or which is equipped to provide lodging regularly) by prearrangement for definite periods, for compensation, for three (3) or more persons in contradistinction to hotels open to transients.

Lot

Lot shall mean a parcel of land occupied or intended for occupancy by a use permitted in this title, and generally fronting upon a street. A lot may front upon a private roadway, or have other frontage requirements if specifically provided in this title.  (Resolution No. R-20-0037, July 14, 2020)

Lot, Average Width

Average Lot Width Average lot width shall mean the width determined by dividing the total lot area by the depth of the lot from the right-of-way line to the furthest rear lot line.  If the rear lot line and right-of-way line are not parallel, an average depth dimension shall be used.

Lot, Buildable

Lot, Buildable Buildable lots shall mean:

  1. A parcel of land occupied or intended for occupancy by a use permitted in this resolution, including one (1) main building together with its accessory buildings, the open spaces and parking spaces required by this resolution, and fronting upon a street, as herein defined, except for lots recorded in the Register of Deeds Office prior to the adoption of this resolution, which need not front on a public street. A lot may front upon a private roadway or have other frontage requirements if specifically provided in this title.
  2. A lot which is part of a subdivision, the plat of which has been recorded in the office of the Register of Deeds for Lancaster County at the time of the adoption of this resolution, provided that said lot has a frontage of not less than forty (40) feet; or an irregular tract lot described by a deed recorded with the Register of Deeds for Lancaster County at the time of passage of this resolution; provided that if a lot has less width or area as required by this resolution, and if the ownership of this lot is or has been common with any contiguous land, the lot is not a buildable lot. A lot legally created under another jurisdiction and deemed buildable by that jurisdiction and subsequently converted to Lancaster County jurisdiction, shall be deemed buildable even though it may not meet the area, width or frontage or any combination thereof.  (Resolution No. R-18-0078, November 20, 2018) 

Lot, Corner

Lot, Corner A lot abutting upon two (2) or more streets at their intersection.

Lot, Depth of

Lot, Depth of The average horizontal distance between the front and rear lot lines.

Lot, Double Frontage

Lot, Double Frontage A lot having frontage on two (2) streets as distinguished from a corner lot.

Lot of Record

Lot of Record shall mean a lot which is part of a subdivision, the plat of which has been recorded in the office of the Register of Deeds for Lancaster County on or before September 3, 1968, provided that said lot has a frontage of not less than forty (40) feet; or an irregular tract lot as described by a deed recorded with the Register of Deeds for Lancaster County on or before September 3, 1968, provided that such lot is numbered and described by the County Surveyor and is not greater in area than one (1) acre.

Lot, Platted

Lot, Platted Platted lot shall mean a lot which is part of a subdivision the plat of which, or the appropriate permit for which, has been legally approved and recorded in the office of the Register of Deeds for Lancaster County.

Market Garden

Market Garden shall mean a relatively small scale farming operation (twenty (20) to forty (40) acres in size) where the production of a diversity of fruits, vegetables, herbs and flowers is grown for sales primarily for direct human consumption rather than as feed for animals or for major processing before consumption. Market gardens are distinguished from other types of farming by the inclusion of accessory uses not typically found on farms.

These accessory uses may include restaurants, agricultural education and training centers, agricultural tourism or sales of agricultural products not grown on site. (Resolution No. R-12-0023, March 20, 2012)

M

Medium Animal Feeding Operation

Except for special permit applications for Commercial Feedlots under Section 13.035(a) filed prior to March 10, 2020, Medium Animal Feeding Operation (Medium AFO) shall mean an AFO that confines or stables the type and number of animals in any of the following ranges:

  • 200 to 699 mature dairy cows, whether milked or dry;
  • 300 to 999 veal calves;
  • 300 to 999 cattle other than mature dairy cows or veal calves. Cattle include but are not limited to heifers, steers, bulls, and cow/calf pairs;
  • 750 to 2,499 swine each weighing 55 pounds or more;
  • 3,000 to 9,999 swine each weighing less than 55 pounds;
  • 150 to 499 horses;
  • 3,000 to 9,999 sheep or lambs;
  • 16,500 to 54,999 turkeys;
  • 9,000 to 29,999 laying hens or broilers, if the animal feeding operation uses a liquid manure handling system;
  • 37,500 to 124,999 chickens, other than laying hens, if the animal feeding operation uses other than a liquid manure handling system;
  • 25,000 to 81,999 laying hens, if the animal feeding operation uses other than a liquid manure handling system;
  • 1,500 to 4,999 ducks, if the animal feeding operation uses a liquid manure handling system; or
  • 10,000 to 29,999 ducks, if the animal feeding operation uses other than a liquid manure handling system.

(Resolution No. R-20-0011, March 10, 2020)

Microbrewery

Microbrewery shall mean any small brewery producing a maximum of twenty thousand (20,000) barrels of beer per year.   (Resolution No. R-20-0003, January 12, 2021)

Microdistillery

Microdistillery shall mean any small distillery producing a maximum of twelve thousand five hundred (12,500) gallons of distilled spirits per year.   (Resolution No. R-23-0059, August 29, 2023)

M

Mini-warehouse shall mean a storage facility containing individual compartments or lockers designed to serve multiple persons and small businesses. Storage bays shall not be interconnected by interior doors or other interior means providing access from one storage bay to another. (Resolution No. R-18-0078, November 20, 2018)

Mobile Home

Mobile Home shall mean a dwelling, more than eight (8) feet wide and more than thirty two (32) feet long, and designed and built to be towed on its own chassis. (Resolution No. R-17-0040, May 30, 2017)

Mobile Home Court

Mobile Home Court Any mobile home court, campsite, lot, parcel, or tract of land designed, maintained or intended for the purpose of supplying a location or accommodations for mobile homes and upon which mobile homes are parked and shall include all building used or intended for use as part of the equipment thereof whether a charge is made for the use of the mobile home court and its facilities or not. "Mobile home court" shall not include automobile or mobile home sales lots on which unoccupied mobile homes are parked for purposes of inspection and sale.

Motel

Motel A dwelling not consisting of dwelling units and occupied by more than twenty (20) persons, in which there is no central lobby to reach individual living accommodations.

Nonconforming Use

Nonconforming Use shall mean the use of any dwelling, building, structure, lot, land or premises, or part thereof, which was existing and lawful immediately prior to the effective date of this title and which does not conform with the provisions of this title and any amendments thereto.

Non-Green Feedstocks

Non-Green Feedstocks shall mean animal parts and by-products, mixed materials containing animal parts and by-products, dead animals, and municipal solid waste (MSW). Non-green feedstocks do not include biosolids or manures. (Resolution No. R-17-0040, May 30, 2017)

Nonparticipating Property

Nonparticipating Property shall mean any premises where a property owner does not have a contractual arrangement regarding a proposed or existing special permitted use. (Resolution No. R-20-0037, July 14, 2020)

Nonstandard Use

Nonstandard Use shall mean the category of non-conformance consisting of lots occupied by buildings or structures or uses which existed immediately prior to the effective date of this title which fail to comply with the minimum lot requirements for the area, density, width, front yard, side yard, rear yard, height, unobstructed open space or parking for the district in which they are located, even though the use of the premises conforms to the permitted uses within the district as set out in the provisions of this title.

Open Animal Feeding Operation

Except for special permit applications for Commercial Feedlots under Section 13.035(a) filed prior to March 10, 2020, Open Animal Feeding Operation (Open AFO) shall mean an AFO within pens, shed-type areas, open buildings, or other similarly concentrated areas, wherein animals are fully or partially exposed to the outside environment except for possible small portions affording some protection by windbreaks or small shed-type areas.  (Resolution No. R-20-0011, March 10, 2020)

Organic Materials

Organic Materials shall mean any biodegradable and compostable: lawn clippings and leaves, raw sewage or treated sewage sludge, animal or paunch manure, any other plant or food waste or a mixture of any of the above. Organic materials shall not include non-green feedstocks. (Resolution No. R-17-0040, May 30, 2017; Resolution No. R-14-0007, Jan. 28, 2014)

Outlot

Outlot A parcel of real property with a separate and distinct outlot designation shown on a final plat recorded in the Office of the Register of Deeds for Lancaster County, Nebraska, and which is reserved for future building or occupancy after replatting and subdivision, or reserved for agricultural use, open space or common facilities. (Resolution No. R-13-0043, July 30, 2013)

Paint Filter Test

Paint Filter Test shall mean a test on waste conducted in compliance with EPA Method 9095B to determine if the waste contains free liquids. (Resolution No. R-17-0040, May 30, 2017)

Parking Space

Parking Space shall mean an area, enclosed or unenclosed, sufficient in size to store one (1) automobile, together with a driveway connecting the parking space with a street or alley and permitting ingress and egress of an automobile. (Resolution No. R-22-0022, March 22, 2022)

Participating Property

Participating Property shall mean any premises where a property owner has a contractual arrangement regarding a proposed or existing special permitted use. (Resolution No. R-20-0037, July 14, 2020)

Place of Religious Assembly

Place of Religious Assembly shall mean any use of a building or premises by a religious organization, as defined in the Nebraska Administrative Code, for religious worship, religious services, and/or religious training (Title 350, Chapter 40-Property Tax Exemption Regulations, or as may be amended from time to time by the State of Nebraska). (Resolution No. R-17-0040, May 30, 2017; Resolution No. R-22-0022, March 22, 2022)

Private Electric Supplier

Private Electric Supplier shall mean an electric supplier producing electricity from a privately developed renewable energy generation facility (e.g., solar facility, biogas, geothermal) that is not a public power district, a public power and irrigation district, a municipality, a registered group of municipalities, an electric cooperative, an electric membership association, any other governmental entity, or any combination thereof. 

 

Private Recreational Facilities and/or Activities

Private Recreational Facilities and/or Activities shall mean a recreational use which is the primary use or accessory use of the property by the property owner and guests, is not open to the public or intended for private club or private membership, and may include but not be limited to swimming, fishing,hunting, obstacle or fitness courses and other such activities. Such use may include an accessory building(s). (Resolution No. R-22-0022, March 22, 2022)

Private School

Private School shall mean privately owned education and instruction facilities that provide education and instructions that is generally equivalent to a public elementary or secondary education. Private schools generally provide instructions to the same grade levels as public schools but may include facilities with fewer grades that a public school. Private school shall not mean academies, early childhood care facilities, private colleges, or vocational schools. (Resolution No. R-17-0040, May 30, 2017; Resolution No. R-23-0022, 04/11/2023)

Premises

Premises shall mean a tract of land consisting of one platted lot or irregular tract, or more than one platted lot or irregular tract, provided such lots or tracts are under common ownership and contiguous. (Resolution No. R-22-0022, March 22, 2022)

Public Electric Supplier

Public Electric Supplier shall mean a legal entity supplying, producing, or distributing electricity within the County for sale at wholesale or retail that is a public power district, a public power and irrigation district, a municipality, a registered group of municipalities, an electric cooperative, an electric membership association, any other governmental entity, or any combination thereof.  (Resolution No. R-20-0037, July 14, 2020)

Quarter Section

Quarter Section One quadrant of a section of land, established by running straight lines between opposite quarter-section corners, the point of intersection of such lines being the common corner of the four quadrants. (Resolution No. 3478, June 24, 1980)

Recreational Facilities

Recreational Facilities shall mean facilities primarily for participation by the public in athletic activities such as tennis, handball, racquetball, basketball and other court games; jogging, track and field, baseball, football, soccer, and other field games; skating, swimming, golf, outdoor shooting or archery ranges. Recreational facilities shall include country clubs and athletic clubs; it shall not include facilities accessory to a private residence used only by the owner and guests, nor shall it include arenas or stadia used primarily for spectators to watch athletic events. (Resolution No. R-17-0040, May 30, 2017; Resolution No. R-18-0078, November 20, 2018)

Row House

Row House See Townhouse.

Service Station

Service Station shall mean any building or premises which provides for the retail sale of gasoline, oil, tires, batteries, and accessories for motor vehicles and for certain motor vehicle services, including washing, tire changing, repair service, battery service, radiator service, lubrication, brake service, wheel service, and testing or adjusting of automotive parts. Automobile repair work may be done at a service station provided that no rebuilding of engines, spray painting operations, or body or fender repair is permitted. Gasoline pumps and gasoline pump island shall be located more than twelve (12) feet from the nearest property line.

Sexually Oriented Live Entertainment Establishment

Sexually Oriented Live Entertainment Establishment shall mean any commercial establishment that as a substantial or significant portion of its business, features or provides any of the following:

  1. Persons who appear showing specified anatomical areas.
  2. Live performances that are distinguished or characterized by an emphasis on the exposure, depiction or description of specific anatomical areas or the conduct or simulation of specified sexual activities.

Sexually oriented live entertainment establishment shall not include any theater, concert hall, art center, museum or similar establishment which is primarily devoted to the arts or theatrical performances and in which any of the circumstances contained in this section were permitted or allowed as part of such art exhibits or performance. (Resolution 00-129, October 13, 2000)

Sign

Sign shall mean any symbolic device capable of visual communication or attraction which is visible from off the premises upon which it is located. Signs shall include any announcement, words, written material, illustration, symbol, picture, insignia or structure which directs attention to a product, service, place, activity, person, institution, business or solicitation including any emblem, painting, banner, pennant or placard designed to advertise, identify, or convey information with the exception of merchandise window displays, national flags and sculpture. For the purpose of removal, sign shall also include all sign structures.

Single-family Airfield

Single-family Airfield An airfield, the use of which is restricted to the owner or members of his family; however, the gross takeoff weight of the aircraft using the airfield may not exceed 12, 500 pounds and the facility must meet the rules and regulations of the Nebraska Department of Aeronautics. (Resolution No. 4369, April 26, 1988)

Small Animal Feeding Operation

Except for special permit applications for Commercial Feedlots under Section 13.035(a) filed prior to March 10, 2020, Small Animal Feeding Operation (Small AFO) shall mean an AFO that is not a Medium or Large AFO. (Resolution No. R-20-0011, March 10, 2020)

Small Solar Facility

Small Solar Facility shall mean multiple SECSs and any related supporting infrastructure that primarily provide off-site power, have a rated capacity of less than one hundred (100) kilowatts (kW) (ac), and is the primary use on a premises. (Resolution No. R-20-0037, July 14, 2020)

Social Hall

Social Hall shall mean a building or premises available for rent on a daily basis to be used for social, educational, or civic gatherings, including, but not limited to, charitable fund raising events, wedding receptions, family reunions, educational seminars, or similar events. (Resolution No. R-17-0040, May 30, 2017)

Solar Energy Conversion System (“SECS”)

Solar Energy Conversion System (“SECS”) shall mean any device, including, but not limited to, a solar panel or solar collector, which collects and converts solar energy to a form of usable energy. (Resolution No. R-20-0037, July 14, 2020)

Solar Screen

Solar Screen shall mean a device attached to a building to provide shading for glazed areas thereof.

Specified Anatomical Areas

Specified Anatomical Areas shall mean:

  1. Less than completely and opaquely covered human genitals; pubic region; anus; or female breast below a point immediately above the top of the areolae, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areolae is not exposed.
  2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device covering that, when worn, simulates male genitals in a discernibly turgid state. (Resolution 00-129, October 13, 2000)

Specified Sexual Activities

Specified Sexual Activities shall mean any of the following:

  1. Fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts.
  2. Sex acts normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy.
  3. Masturbation, actual or simulated.
  4. Human genitals in a state of sexual stimulations, arousal or tumescence.
  5. Excretory functions as part of or in connection with any of the activities set forth in (1), (2), (3) or (4) of this section. (Resolution 00-129, October 13, 2000)

Spirits

Spirits shall mean a beverage derived by distillation of a liquid containing water and ethyl with the resulting beverage having an Alcohol By Volume (ABV) of twenty percent (20%) to ninety percent (90%). The term Spirits includes but is not limited to vodka, rum, whiskey, gin, and brandy. (Resolution No. R-23-0059, August 29, 2023)

Story

Story That portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it, or, if there be no floor above it, then the space between the floor and the ceiling next above it.

S

Story, Half A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than sixty (60) percent of the floor area is finished off for use.

Street, Highway or Road

Street, Highway or Road All property acquired or dedicated to the public and accepted by the appropriate governmental agency for highway, street or road purposes. Property that has been commonly used or dedicated to be used for highway, street or road purposes prior to the adoption of this resolution shall be considered a highway, street or road.

Street, Highway or Road Centerline

Street, Highway or Road Centerline A line midway between highway, street or road lines.

Street, Highway or Road Line

Street, Highway or Road Line A dividing line between a lot, tract or parcel of land and a contiguous highway, street or road. The location of a highway, street, or road line shall be as shown on the County Engineer's Sectional Plats.

Structure

Structure Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground, including, but without limiting the generality of the foregoing, advertising signs, billboards, back stops for tennis courts, and pergolas, provided the foregoing shall not apply to gasoline pumps and gasoline pump islands in the "B" Business district which shall be located not less than twelve (12) feet from the nearest property line.

Structural Alterations

Structural Alterations Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any complete rebuilding of the roof or the exterior walls.

Townhouse

Townhouse shall mean one of a group or row of not less than three (3) nor more than twelve (12) attached, single-family dwellings designed and built as a single structure facing upon a street, in which the individual townhouse may or may not be owned separately. The townhouse need not face upon a street if otherwise specifically provided in this title. For the purpose of the side yard regulations, the structure containing the row or group of townhouses shall be considered as one building occupying a single lot.

Vermicomposting

Vermicomposting shall mean the controlled and managed process by which live worms convert organic materials into dark, fertile, granular excrement. (Resolution No. R-17-0040, May 30, 2017)

Vermiculture

Vermiculture shall mean the raising of earth worms for the purpose of collecting castings for composting or enhancement of a growing medium. (Resolution No. R-17-0040, May 30, 2017)

Wind Energy Conversion System

Wind Energy Conversion System is any device, such as a wind charger, windmill or wind turbine, which converts wind energy to a form of usable energy. (Resolution R-08-0090, October 15, 2008)

Wine

Wine shall mean any alcoholic beverage obtained by the fermentation of the natural contents of fruits or vegetables, containing sugar, including such beverages when fortified by the addition of alcohol or spirits.  (Resolution No. R-20-0003, January 12, 2021)

Yard Line

Yard Line The yard line is a line on the lot running parallel to and the required distance from the nearest lot line.

Yard, Required

Yard, Required Required yard shall mean the required minimum open space between the property line and the yard line. The required yard shall contain no building or structure other than the projection of the usual steps, unenclosed balconies or open porch as otherwise provided in this title.

Yard, Required Front

Yard, Required Front The required front yard shall extend across the front of a lot between the side lot lines. There shall be a required front yard on each street side of a corner lot.

Yard, Required Rear

Yard, Required Rear The required rear yard shall extend across the rear of a lot between the side lot lines. On corner lots, the required rear yard may be to the rear of either street, provided that the minimum required rear yard shall be calculated on the longest average lot dimension. On interior lots, the required rear yard shall in all cases be at the opposite end of the lot from the front yard.

Yard, Required Side

Yard, Required Side The required side yard shall extend between the front yard line and the rear yard line. There shall be only one required side yard on a corner lot.