Zoning FAQs2021-06-24T13:30:53-06:00

Zoning

FAQs

A Building permit is required prior to construction if the County has adopted building codes and would enforce construction standards. Cuming County has not adopted building codes, so a building permit is not required. The County does require a Zoning Permit prior to any construction. A zoning permit enforces the zoning regulations that the County has adopted. If construction is started before obtaining a zoning permit, there will also be a penalty fee added.

You will need a zoning permit if you are planning to construct any type of structure – livestock facilities, grain bin, barn, shed, or residence, basically anything that is walled and roofed will require a zoning permit.

If the permit application is filled out in its entirety and all maps and pertinent information are listed, most can be signed off on when brought into the Zoning office. A Lot Split Application and Livestock Feeding Operation may take longer, depending on the circumstance, and a Conditional Use application will take longer as public hearings are involved.

Zoning regulations require a 10.01 acre minimum for building a residence. There are also setback requirements from roads, property lines and livestock facilities. If you are only building a livestock barn or grain bin, there is no minimum requirement. Any property split off from a larger parcel will also require a Lot Split application if under 10.01 acres. 

Zoning regulations require a 5-acre minimum for building a residence. There are also setback requirements from roads, property lines and livestock facilities. If you are only building a livestock barn or grain bin, there is no minimum requirement. Any property split off from a larger parcel will also require a Lot Split application if under 10.01 acres. 

Dwelling units located on an existing non-conforming lot may be enlarged, altered, and replaced as long as the setbacks from the road and property lines can be met. However, an existing non-conforming farmstead loses its legal non-conforming status if the dwelling unit located thereon has been unoccupied for more than 12 months. 

A district in which additional requirements will act in conjunction with the underlying zoning district. The original zoning district designation does not change.

Any development that will take place in floodplain area requires a permit. This means moving dirt, cleaning out ponds/waterways, building driveways, livestock facilities, and/or any structure of any kind is going to require a floodplain permit prior to starting.

The floodplain district is an overlay district. All the regulations of the base district would apply in addition to Article 4, Section 4.18 of the Zoning Regulations. Contact the Zoning Administrator for specific information on development within the floodplain.

There are no minimum lot requirements. Setbacks from property lines, roads and residential dwellings would apply. A LFO permit application is required. A Waiver of Distance may be required.

A copy of the Zoning Regulations as well as the Comprehensive Plan, Subdivision Regulations and Zoning Map may all be found on the County website www.cumingcountyne.gov

Regulations prohibit reduction of parcels or lots by private action to dimension an area below the minimum requirements established in the zoning district if that parcel or lot contains a residential dwelling. AG-1 minimum is 10.01 acres and TA-1 minimum is 5 acres for a residential dwelling. Any lot created under 10.01 acres requires a Lot Split Application.

A variance is the relaxation of the literal terms of the zoning regulations where applicable to avoid undue hardship to a property owner and where the public interest will be served. A variance request is heard by the Board of Adjustment. The Board of Adjustment has strict criteria to follow before granting a variance. You may find those criteria in Article 9 (page 166-167) of the Zoning Regulations.

Any person, partnership, limited liability company, association, club, or corporation violating these regulations or erecting, constructing, reconstructing, altering, or converting any structure without having first obtained a permit shall be guilty of a Class III misdemeanor.  Each day such violation continues after notice of violation has been given to the offender may be considered a separate offense.  In addition to other remedies, the County Board or the Zoning Administrator, as well as any owner or owners of real estate within the district affected by these regulations, may institute any appropriate action or proceedings to prevent such unlawful construction, erection, reconstruction, alteration, repair, conversion, maintenance, or use; to restrain, correct, or abate such violation; or to prevent the illegal act, conduct, business, or use in or about such premises. 

It shall be the duty of the Zoning Administrator to enforce these Regulations in accordance with its provisions.  All departments, officials, and public employees of Cuming County which are vested with the duty or authority to issue permits or licenses, shall conform to the provisions of these regulations and shall issue no permit or license for any use, building or purpose, if the same would be in conflict with the provisions of these Regulations. 

Copies of the Zoning Regulations are available on the Cuming County Website, in the public libraries, & in the Planning & Zoning (P&Z) Department Office.

Cuming County Planning & Zoning Department
Becky Lerch
200 South Lincoln Street, Room 202
West Point, NE 68788
Phone: 402-372-6008
E-mail: zoning@cumingcounty.ne.gov

A Request for Variance must be submitted to the P&Z Department on forms provided by the Department. The P&Z Administrator will review the request and make a recommendation to the Board of Adjustment. The Board of Adjustment will make a determination to grant or reject the request.

A Request for Conditional Use Permit form, Release and Waiver form, both of which must be obtained from the P&Z Office. A legal survey of the property in question must be provided by the applicant. A list of neighboring properties that will be notified by the P&Z Administrator must be provided by a registered Abstractor. A Checklist is available from the P&Z Office that lists other requirements in order to obtain a Conditional Use Permit.

A Permit is required for new LFOs greater than 300 Animal Units (A.U.) or for any existing LFO that increases the number of A.U.s from one level to a higher level. A.U. levels are 301-1,000; 1,001-2,500; 2,501-5,000; 5,001-7,500; 7,501-10,000; 10,001-17,500; 17,501-25,000; and 25,001 or more.

It depends in which Zoning District the property is located, the size of the acreage, presence of an existing home, etc. Specific information may be obtained from the P&Z Department.

In an AG-1 district, you must have more than 10 acres. In an AG-2 district you must need at least 5 acres. Please contact our office for specifics.
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