Pender City Zoning Code
SPECIAL USE
PERMIT
§ 151.060 GENERALLY.
The Board of Trustees may authorize by special permit after public hearing, any of the following buildings or uses designated in this chapter as permitted special uses.
(Ord. passed 8- -2010)
§ 151.061 PROCEDURES.
(A) Such application shall be in writing, filed at the office of the Village Clerk, state the proposed location and use of the property, and such other relevant matters as may be requested by the governing body. Upon receipt of such application, the Zoning Administrator shall forward the application to the Planning Commission for its recommendation. Upon hearing, the Planning Commission shall forward its recommendation to the Board of Trustees, within 30 days. Upon hearing, the Board of Trustees may approve or deny the application in whole or in part, or prescribe conditions for such use of the property. No special use permit shall become effective until after separate public hearings are held by both the Planning Commission and the Board of Trustees in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. Notice of the purpose, time, and place of such hearing shall be given by publication thereof in a paper of general circulation in the village, one time at least ten days prior to such hearing (Neb. RS 19-904).
(B) In addition to the publication of the notice herein prescribed, a notice, in sign form, of the hearing shall be posted in a conspicuous place on or near the property on which such action is pending. The sign shall be placed at least ten days prior to date of each hearing.
(C) Except as otherwise provided herein, no special use permit shall be granted by the Board of Trustees, without an affirmative vote of a majority of all members of the Board of Trustees and unless the proposed use is found to:
(1) Be compatible with and similar to the use permitted in the District;
(2) Not be a matter which should require re-zoning of the property;
(3) Not be detrimental to adjacent property;
(4) Not tend to depreciate the value of the surrounding structures or property;
(5) Be compatible with the stated intended use of the District;
(6) Not change the character of the District; and
(7) Be in accordance with the Comprehensive Plan.
(D) In case of protest against such special use permit, signed by the owners of 20% or more either of the area of the lots included in such proposed change, or of those immediately adjacent on the side and in the rear thereof extending 100 feet, therefrom, and of those directly opposite thereto extending 100 feet from the street frontage of such opposite lots, such special use permit shall not become effective except by the favorable vote of two-thirds of all members of the Board of Trustees.
(Ord. passed 8- -2010)
§ 151.062 SALVAGE OR JUNK YARD.
(A) Salvage or junk yard operations and related facilities shall only be allowed by special permit in the AGR and I Zoning Districts under the following conditions:
(1) Located on a tract of land at least one-fourth mile from a residential or agricultural farm residence;
(2) The operation shall be conducted wholly within a non-combustible building or within an area completely surrounded on all sides by a visual obscuring fence, wall, or hedge. The fence, wall, or hedge shall be of uniform height (at least eight feet high) and uniform texture and color shall be so maintained by the proprietor as to ensure maximum safety to the public and preserve the general welfare of the neighborhood. The fence, wall, or hedge shall be installed in such a manner as to retain all scrap, junk, or other material within the yard and no scrap, junk, or other material shall protrude above the fence;
(3) No junk shall be loaded, unloaded, or otherwise placed, either temporarily or permanently, outside the enclosed building, hedge, fence or wall, or within the public right-of-way; and
(4) Any other requirement deemed appropriate and necessary by the Board of Trustees for the protection of the general health and welfare.
(B) In making any decision granting a special use permit, the Board of Trustees shall impose such restrictions, terms, time limitations, landscaping, improvement of off-street parking lots, and other appropriate safeguards as required to protect adjoining property.
(Ord. passed 8- -2010)
§ 151.063 LANDFILLS AND SANITARY LANDFILLS.
(A) Private landfill operations shall only be allowed by special permit in the AGR Agriculture District upon prior approval of the State Department of Health and Human Services System and with conformance to the following conditions:
(1) Located on a tract of land at least 300 feet from a residential or agricultural farm residence;
(2) The operation shall be conducted wholly within an area completely surrounded on all sides by a fence, wall, or hedge. The fence, wall, or hedge shall be of uniform height (at least eight feet high) and uniform texture and color shall be so maintained by the proprietor as to insure maximum safety to the public and preserve the general welfare of the neighborhood. The fence, wall, or hedge shall be installed in such a manner as to retain all material within the yard and no material shall protrude above the fence;
(3) No material shall be loaded, unloaded, or otherwise placed, either temporarily or permanently, outside the enclosed building, hedge, fence, or wall, or within the public right-of-way;
(4) Any other requirement deemed appropriate and necessary by the Board of Trustees for the protection of the general health and welfare; and
(5) Special use permits granted under this section shall be subject to annual review and renewal by the Board of Trustees.
(B) In making any decision granting a special use permit, the Board of Trustees shall impose such restrictions, terms, time limitations, landscaping, improvement of off-street parking lots, and other appropriate safeguards as required to protect adjoining property.
(Ord. passed 8- -2010)
§ 151.064 ALTERNATIVE ENERGY SYSTEMS TO SUPPLEMENT PUBLIC UTILITY
SERVICE.
The following provisions are to be utilized in conjunction with Nebraska State Statues, Laws 2009, LB 436, § 1, effective date August 30, 2009, commonly known as net metering. Alternative energy sources are limited to methane, wind, solar, biomass, hydropower resources, or geothermal. One or multiple alternative energy sources may be used by a resident to supplement their household’s reliance on the local or regional electricity provider.
(A) Application requirements for a alternative energy systems.
(1) A survey map at an appropriate scale identifying: site boundary; adjacent public right-of-way; existing structures; proposed alternative energy system and accessory structures; adjacent ownership and existing residences; and any overhead utility lines.
(2) A report from a licensed engineer containing:
(a) Small wind energy system specifications including manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed); documentation to establish that the tower has sufficient structural integrity for the proposed use at the proposed location; certification that the small wind energy system complies with all applicable state construction and electrical codes; and the National Electrical Code; and
(b) All components of any alternate energy system shall be located within the lot setbacks and maximum height limits of the district in which the property is located. If sufficient land area is available, the height of a small wind energy system may exceed the maximum height limit of the district it is located when the diameter of a circle equal to twice the height of the tower fits within the width and length of a parcel, or multiple adjacent parcels under same ownership.
(B) General site and design standards.
(1) Located on a legal lot(s) or parcel(s) of record in the village, identifiable on the village plat map or within the one-half mile planning jurisdiction.
(2) Setback from property lines, public rights-of-way, and access easements shall be at least height of the tower of a small wind energy system. All other alternative energy systems shall meet the height and setback requirements of the zoning district in which there located.
(3) Turbines and towers shall be of tubular design and must be painted or coated in a non-reflective white, grey, or other neutral color and shall not used to display advertising.
(4) Small wind energy systems shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration (FAA).
(5) All electrical wires associated with a alternative energy system other than the wires necessary to connect the generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires, shall be located underground.
(6) The maximum distance between the ground and the tip of the rotor blade of a small wind energy system, shall be 30 feet.
(7) All ground mounted electrical and control equipment must be labeled and secured to prevent unauthorized access. A tower may not have step bolts or a ladder within eight feet of the ground that is readily accessible to the public.
(8) The owner of any alternative energy system shall minimize or mitigate any interference with electromagnetic communications, such as radio, telephone, or television signals caused by the energy system.
(9) Construction access must be re-graded and re-vegetated to minimize environmental impacts.
(10) Alternative energy system applications must include an agreement that addresses decommissioning and abandonment of the facility. The agreement must at a minimum provide for reuse or dismantlement of the facility at the owner’s expense.
(Ord. passed 8- -2010)