Zoning, building permits and septic rules in Atkinson, Nebraska

Atkinson’s own rules

• Building permitRequired

  Erecting, altering, moving or demolishing a building or structure on a platted lot inside Atkinson city

  • Definition in the zoning regulations; applies to platted lots or parcels
  • Site plan review precedes the permit for certain uses (12+ unit multifamily, commercial over 10,000 sq ft, etc.)

  “building permit. a document that must be issued by the city prior to erecting, constructing, enlarging, altering, moving, improving, removing, converting, or demolishing any building or structure on a platted lot or parcel.”

• Local zoningPresent

  Land inside Atkinson city limits (Holt County) and its one-mile extraterritorial jurisdiction

  • Zoning ordinance dated 2016; amendments after 2016 not checked
  • Municipal code section 9-301 adopts the zoning and subdivision regulations by reference

  “this title of the atkinson municipal code shall be known as the zoning ordinance of the city of atkinson.”

• Zoning districtsPublished

  Zoning districts inside Atkinson city

  • Districts include AG, TA, CN, R-1, R-2, MH, C-1, C-2, C-3, I-1 and I-2 plus overlays (PUD, FP/FW, HD, P, A, AH)
  • Official zoning map not opened

  “table 4-3: summary of site development regulations regulator minimum lot area (square feet) minimum lot width (feet)”

• Minimum dwelling sizeSpecified

  Manufactured home dwellings inside Atkinson city (the only dwelling-size minimum located)

  • Manufactured homes must also meet the minimum square footage of the residential zone in which they are located; district minimums for site-built homes not located

  minimum floor area, manufactured home: >= 900 sq ft

  “the home shall have no less than 900 square feet of floor area;”

• Minimum lot sizeDistrict specific (with conditions)

  Districts whose Table 4-3 minimum lot area cites note 1 (the 5-acre agricultural-type districts) inside Atkinson city

  • Table 4-3 columns are garbled in the extracted text; the R-1 figures could not be tied reliably to the district and are not reported
  • Single-family residential not connected to common water and sewer needs 5 acres and 300 ft width

  min lot area, single-family on common water and sewer: >= 12000 sq ft · min lot area, not on common water and sewer, and other uses: >= 5 acres

  “table 4-3 note 1: 12,000 square feet for single-family residential connected to common water and sewer systems; 5 acres for single-family residential not so connected and for all other uses.”

• Manufactured homesLimited

  Manufactured homes as dwellings inside Atkinson city

  • Must be on a permanent perimeter foundation with permanent utility connections
  • Must comply with setbacks, lot requirements and minimum square footage of the residential zone
  • At least 900 sq ft floor area, at least 18 ft exterior width, roof pitch minimum 2 1/2 inches rise per 12 inches run
  • Exterior material comparable to site-built single-family construction
  • Placement in the identified floodplain requires meeting floodplain conditions
  • Mobile homes not meeting the manufactured home definition are separate (mobile home park/subdivision uses)

  minimum floor area: >= 900 sq ft · minimum exterior width: >= 18 feet

  “the home shall have no less than 900 square feet of floor area; b. the home shall have no less than an 18 foot exterior width; c. the roof shall be pitched with a minimum vertical rise of 2 1/2 inches for each 12 inches of horizontal run;”

• Subdividing landRegulated (with conditions)

  Subdivision of land inside Atkinson city and one mile beyond

  • Municipal code Article II requires plat procedures; zoning Article Thirteen contains subdivision regulations

  “before any such map or plat shall have any validity, it must first be submitted to and be approved and accepted by the city council;”

• Building in a floodplainRequired

  Development in the identified floodplain/floodway overlay (FP/FW) inside Atkinson city

  • Permit granted only if section 515 conditions are satisfied, including anchorage, flood-resistant materials and protection of water and sewage systems
  • Developer's engineer must determine the 100-year flood elevation in unnumbered A zones

  “no permit for development shall be granted for new construction, substantial improvement or other improvements including the placement of manufactured homes within the identified flood plain unless the conditions of this section are satisfied.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Atkinson or Holt County directly.

• Owner-builder exemption — Owner-builder exemption inside Atkinson city
• Building code adopted — Building code inside Atkinson city
• Inspections — Building inspections inside Atkinson city
• Certificate of occupancy — Certificate of occupancy inside Atkinson city
• Setbacks — Yard setbacks for R-1 and AG districts inside Atkinson city

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.