The "A-L" Agricultural District is established for the purpose of protecting agricultural uses in the county by restricting and regulating density, land coverage and land use.

In district "A-L" no building or land shall be used and no building or structure shall be erected, altered or enlarged which is arranged or designed for other than one of the uses listed in section 3 below.

(1)

General agricultural operation.

(a)

This may include:

Animal and dairy husbandry, animal feed lots provided that they first meet all requirements of the Nebraska Department of Environmental Quality.

Poultry husbandry.

Production of grain crops, hay and forage crops, and general agronomic practices.

Storage of grain, hay and forage crops produced on an individual farm operation.

Accessory buildings and structures incidental to general agricultural operations.

(b)

This shall not include or permit:

(i)

The spreading, accumulation, or use of manure or animal waste in any form on the surface of the land.

(ii)

Any activity within three hundred (300) feet of a dwelling district, which activity is noxious or offensive by reason of dust, odor, or noise.

(2)

Agricultural research operations.

(3)

Agricultural grain processing facilities.

(4)

Single-family dwellings, provided that if more than one (1) dwelling unit is constructed, then a plat shall be filed in accordance with the subdivision regulations of the City of York; is in at least four-acre lots; and provided that there is a percolation test made for each lot or such number of lots in accordance with the Nebraska Department of Environmental Quality. The lot shall be satisfactory if there is a percolation rate of ninety (90) minutes or less with a percolation test being accomplished by the subdivider under the supervision of and the percolation rate determination being made in accordance with the Nebraska Department of Environmental Quality.

(5)

Child care.

(6)

Churches and similar places of worship and parish houses.

(7)

Philanthropic institutions, including penal and mental health institutions.

(8)

Golf courses, except miniature golf courses and driving tees operated for commercial purposes.

(9)

Greenhouses, nurseries, and garden centers.

(10)

Institutions of higher learning, including dormitory accommodations when located on the same tract as the educational buildings.

(11)

Public parks, playgrounds, recreational areas and community buildings owned and operated by a public agency.

(12)

Public or parochial elementary, junior high and high schools and private schools with equivalent curriculum.

(13)

Stands for sale of agricultural products or commodities raised on the premises.

(14)

Customary accessory uses and structures located on the same tract with the principal use, including barns, sheds, tennis courts, swimming pools, private garages, garden houses, barbecue ovens, fireplaces and similar uses.

(15)

Temporary structures incidental to construction work, but only for the period of such work. Basements and cellars may not be occupied for residential purposes until the building is completed.

(16)

The renting of not to exceed two (2) sleeping rooms with a total occupancy of not to exceed three (3) persons for whom board may be furnished but with the prohibition of separate culinary accommodations for such tenants.

(17)

A building or premises may be used for the following purposes in the A-L Agricultural District if a special permit for such use has been obtained in accordance with Article XXX of this ordinance.

(a)

Any public building erected or land used by any department of the city, county, state or federal government.

(b)

Airport or heliport.

(c)

Cemetery or crematory.

(d)

Fuel alcohol plants, including support facilities, products, and production of related by-products.

(e)

Mineral extraction.

(f)

Nursing homes and homes for the aged on a tract of land three (3) acres or larger.

(g)

Seasonal or temporary uses such as recreational camps and similar activities.

(h)

Telephone exchange, electric and gas substations and regular stations.

(i)

There shall be no expansion of existing, nor development of new livestock confinement facilities/operations, located between the corporate limits of the City of York and one (1) mile beyond the corporate limit line.

The expansion of existing and development of new livestock confinement facilities/operations, which are licensed and regulated by the Nebraska Department of Environmental Quality, shall only be allowed in the region of the two-mile planning jurisdiction between one (1) mile beyond the corporate limits and the two-mile planning jurisdiction boundary line.

These livestock confinement facilities/operations shall be located no closer than one-fourth (¼) mile from the nearest occupied residential, public/quasi-public, commercial or industrial building, other than that occupied by the feed lot owner or operator. The one-fourth (¼) mile distance shall be measured from the point of the said feedlot nearest to any such residential commercial or industrial building.

The maximum size of livestock confinement facilities/operations shall not exceed any of the following:

(j)

Automobile wrecking yards, junk yards and scrap processing yards; when said yard is completely enclosed with eight-foot solid fence, wall or hedge; and no junk or scrap is stored outside the fence, wall or hedge.

(k)

Blacksmithing and welding shops.

(l)

Land-leveling and dirt-contracting yards and shops.

(m)

Day nurseries.

(n)

Preschools.

(o)

One additional single-family residence, including a mobile home, for purposes of housing relatives or farmworkers.

(p)

Home occupations must comply with all of the following conditions and standards:

(1)

The occupation or activity must be carried on in the principal building or accessory building.

(2)

The occupation or activity is carried on by one or more occupants residing on the premises.

(3)

The occupation or activity does not occupy more than twenty-five (25) per cent of the floor area of one floor of the principal building or one thousand (1,000) square feet in an accessory building.

(4)

Not more than one nonilluminated nameplate is used. The nameplate shall be attached to the building and shall not exceed sixteen (16) square feet in area.

(5)

The occupation or activity is customarily incidental to the use of the premises as a dwelling place.

(6)

Exterior displays or displays of goods or chattels shall be located in a fenced area not exceeding five hundred (500) square feet on the premises and shall not be located within any yard setbacks by any method or device whatsoever.

(7)

Employment of no person(s) other than the resident(s) of the dwelling unit or more than one parttime nonoccupant in the conduct of any home occupation or activity.

(8)

The occupation or activity is one of the following:

(a)

Dressmaking, sewing, cosmetology, hairdressing, millinery.

(b)

The giving of voice, piano or other musical instrument lessons limited to one pupil at a time.

(c)

The sale of antiques, crafts, ceramics and similar items.

(d)

Fix-it shops, radio, television, small household appliances and furniture upholstery and repairs.

(9)

A consent agreement is filed with the building official which has been signed by seventy-five (75) per cent of all of the owners of land located within three hundred (300) feet of the boundaries of the property on which the home occupation or activity is located. The consent by the building official to use a premises for a home occupation or activity shall be personal to the applicant thereof and shall not be assignable.

(q)

Contractor's storage yards and shop.

(r)

Accommodations specifically for providing motel "style" sleeping rooms for travelers with livestock. Primary use of property shall remain agricultural in nature with a subordinate short term stay "motel style" sleeping rooms. Total number of sleeping rooms shall not exceed five (5) separate rooms, each with accommodations for a maximum of four (4) persons, each room with individual bathroom/shower facilities, but excluding kitchen or meal preparation areas. If owner chooses to construct a separate commons area, accessible to all sleeping rooms, a joint kitchen and dining area may be provided. Sleeping room "motel" buildings should be in close proximity to pre-established farm buildings such as barns, corrals, stables or similar facilities.

(s)

Commercial indoor/outdoor storage of recreational vehicles, boats and vehicles.

(t)

Public events that may or may not involve the payment of admission fees, to include but not be limited to outdoor arenas, horse tracks, concession buildings, restrooms, offices, spectator stands, livestock stables, and parking lots and areas.

[(u)]

Data Center.

(17)[(18)]

Distilleries, breweries and wineries, to include retail sales and on-site tasting for the sale of alcoholic beverages and food.

(Ord. No. 1347, § 1, 1-12-1978; Ord. No. 1394, § 1, 1-19-1980; Ord. No. 1414, 4-9-1981; Ord. No. 1427, § 1, 7-23-1981; Ord. No. 1435, § 1, 12-10-1981; Ord. No. 1521, § 1, 5-8-1986; Ord. No. 1528, § 2, 9-11-1986; Ord. No. 1574, § 1, 7-14-1988; Ord. No. 1606, § 1, 4-12-1990; Ord. No. 1659, § 1, 8-26-1993; Ord. No. 1727, 6-13-1996; Ord. No. 1930, § 1, 3-17-2005; Ord. No. 1978, 1-18-2007; Ord. No. 2027, § 1, 12-17-2009; Ord. No. 2181, § 1, 10-19-2017; Ord. No. 2288, § 1, 8-5-2021; Ord. No. 2322, § 1, 4-21-2022; Ord. No. 2324, § 1, 6-16-2022)

Tracts in this district shall be four (4) acres or larger except special permitted governmental or public uses may be less than four (4) acres.

(Ord. No. 1414, 4-9-1981; Ord. No. 1574, § 1, 7-14-1988)

Except as otherwise provided in the additional height, area and use regulations of this ordinance, no building or structure shall exceed the following height restrictions.

(1)

When a building or structure is within one hundred fifty (150) feet of a dwelling district zone, said building or structure shall not exceed thirty-five (35) feet in height.

(2)

When a building or structure is more than one hundred fifty (150) feet from a dwelling district zone, said building or structure shall not exceed two hundred twenty-five (225) feet in height.

(3)

Barns, silos and other structures and appurtenances thereto which do not conflict with airport approach zones, may be erected to a height not to exceed one hundred fifty (150) feet.

(Ord. No. 1574, § 1, 7-14-1988; Ord. No. 2386, § 1, 3-20-2025)

Yard regulations shall be in conformance with the following provisions and in accordance with Article XXV of this Ordinance.

(1)

Front yard:

(a)

There shall be a front yard having a depth of not less than forty (40) feet.

(b)

Where a lot or tract has double frontage, the required front yard shall be provided on both streets.

(c)

Where a lot or tract is located at the intersections of two (2) or more streets, there shall be a front yard on each street side of said lot or tract. No accessory building shall project beyond the front yard line on either street.

(2)

Side yard: There shall be a side yard on each side of every building or structure which side yard shall not be less than fifteen (15) feet.

(3)

Rear yard: Except as hereinafter provided in the additional height, area and use regulations of this ordinance, there shall be a rear yard having a depth of not less than forty (40) feet.

(4)

Intersecting street setback: On lots or tracts located at the intersections of two (2) or more streets no structure shall project beyond a line drawn between two (2) points located on the property lines nearest the streets and one hundred (100) feet distance each way from the property line intersection at the street corner.

(Ord. No. 1414, 4-9-1981; Ord. No. 1727, 6-13-1996; Ord. No. 1978, § 1, 1-18-2007)

See Article XX.

(Ord. No. 1414, 4-9-1981; Ord. No. 1497, § 4, 2-14-1985; Ord. No. 1574, § 1, 7-14-1988; Ord. No. 1978, § 1, 1-18-2007)

See Article XIX.

(Ord. No. 1414, 4-9-1981; Ord. No. 1497, § 4, 2-14-1985; Ord. No. 1574, § 1, 7-14-1988; Ord. No. 1978, § 1, 1-18-2007)