Chapter 10
CHAPTER X ZONING REGULATIONS
ARTICLE I – ZONING REGULATIONS
10-101 ADOPTED BY REFERENCE
ARTICLE II – GROUP HOMES
10-201 GROUP HOMES; DEFINED
10-202 ESTABLISHMENT
10-203 ESTABLISHMENT, EXCEPTIONS
ARTICLE
III – FLOOD PLAIN MANAGEMENT
10-301 STATUTORY
AUTHORIZATION
10-302 FINDINGS
OF FACT
10-303 STATEMENT
OF PURPOSE
10-304 APPLICABLE
LANDS
10-305 RULES
FOR INTERPRETATION OF DISTRICT BOUNDARIES
10-306 COMPLIANCE
10-307 ABROGATION
AND GREATER RESTRICTIONS
10-308 INTERPRETATION
10-309 WARNING
AND DISCLAIMER OF LIABILITY
10-310 SEVERABILITY
10-311 APPEAL
10-312 ADMINISTRATION
ENFORCEMENT OFFICIAL
10-313 DEVELOPMENT
PERMIT REQUIRED
10-314 APPLICATION
FOR PERMIT
10-315 ESTABLISHMENT
OF DISTRICTS
10-316 STANDARDS
FOR FLOODPLAIN DEVELOPMENT
10-317 FLOOD
FRINGE OVERLAY DISTRICT (INCLUDING AO AND AH ZONES); PERMITTED USES
10-318 STANDARDS
FOR FLOOD FRINGE OVERLAY DISTRICT
10-319 FLOODWAY
OVERLAY DISTRICT; PERMITTED USES
10-320 STANDARDS
FOR THE FLOODWAY OVERLAY DISTRICT
10-321 VARIANCE
PROCEDURES
10-322 CONDITIONS
FOR VARIANCE
10-323 NONCONFORMING
USE
10-324 PENALITIES
FOR VIOLATION
10-325 AMENDMENTS
10-326 DEFINITIONS
ARTICLE
IV – HOUSING OCCUPANCY
10-401 DWELLING
UNIT OCCUPANT
10-402 FAMILY DEFINED
ARTICLE V – MANUFACTURED
HOMES
10-501 STANDARDS
ARTICLE
VI – PENAL
PROVISION
10-601VIOLATION; PENALTY
ARTICLE I – ZONING REGULATIONS
SECTION
10-101: ADOPTED BY REFERENCE
For the purpose of setting
minimum
standards to promote public health, safety, morals, convenience, order,
prosperity, and general welfare to the community, and to lessen
congestion in
the streets; to secure safety from fire, panic, and other dangers; to
provide
adequate light and air; to prevent the overcrowding of land, to avoid
undue
concentration of population; and to facilitate the adequate provision
of
transportation, water, sewerage, schools, parks and other public
requirements,
the Zoning Regulations for the City of O’Neill, Nebraska, as prepared
by Stahr & Associates, Inc., and
published in pamphlet
form, are hereby adopted in July 2004. Three
copies of the
adopted Zoning Regulations shall be kept on file with the City Clerk
and
available for inspection by any member of the public during office
hours.
ARTICLE II – GROUP HOMES
SECTION
10-201: GROUP HOMES; DEFINED
For the purposes of this
Article, unless
the context otherwise requires, the term “group home” shall mean a
facility
licensed by the State of Nebraska in which at least four but not more
than
eight persons, not including resident managers or house parents, who
are
unrelated by blood, marriage or adoption reside while receiving
therapy,
training or counseling for the purposes of adaptation to living with or
rehabilitation of mental or physical disabilities. (Ref. 18-1744 RS Neb.) (Ord.
No.
559, 11/6/80)
(Amended by Ord. No. 795, 12/5/89)
SECTION
10-203: ESTABLISHMENT, EXCEPTIONS
Departments
and agencies of the state are prohibited
from
licensing a new group home if it will be within 1,200 feet of an
existing group
home, unless the Governing Body grants the proposed facility a
conditional or
special use permit. For purposes of this section, “existing group home”
shall
include, in addition to group homes as defined in Section 10-201, a
home of any
size which serves other populations, including but
not
limited to correctional homes and homes which serve people
recuperating
from the effects of drugs or alcohol, mental illness or physical
disability.
The
number of group homes established in the City shall be limited
according to the
population of the City, except that the Governing Body may issue a
variance to
allow additional group homes. For a
municipality with a population of 1,000 residents or less, one
group home may be established; for a city with a
population of more than 1,000 and less than 10,000 residents, one
group home may be established for every 2,000 residents; for a
city with a population of at least 10,000 residents but
less than 50,000 residents, one group home may be established for every
3,000 residents. (Ref. 18-1746, 18-1747 RS Neb.) (Ord. No. 559, 11/6/80)
ARTICLE III - FLOOD PLAIN
MANAGEMENT
SECTION
10-301: STATUTORY AUTHORIZATION
The Legislature of the State of Nebraska has delegated the
responsibility to local government units to adopt zoning regulations
designed to protect the public health, safety, and general
welfare. The Legislature, in Section 31-1001 to 31-1022, R.R.S.
1943, has further assigned the responsibility to adopt, administer and
enforce floodplain management regulations to the county, city or
village with zoning jurisdiction over the flood-prone area.
Therefore, the City Council of O'Neill, Nebraska, ordains as follows:
SECTION 10-302: FINDINGS OF FACT
1. Flood Losses Resulting from Periodic Inundation
The flood hazard areas of the City of O'Neill, Nebraska, are subject to
inundation which results in loss of life and property, health and
safety hazards, disription of commerce and governmental services,
extrordinary public expenditures for flood protection and relief, and
impairment of the tax base, all of which adversely affect the public
health, safety and general welfare.
2. General Causes of the Flood Losses
These flood losses are caused by: (1) The cumulative effect of
obstructions in floodplains causing increases in flood heights and
velocities, (2) The occupancy of flood hazard area by uses
vulnerable to floods or hazardous to others, which are inadequately
elevated or otherwise unprotected from flood damages.
3. Methods Used to Analyze Flood Hazards
This Article uses a reasonable method of analyzing flood hazards which
consists of series of interrelated steps.
A. Selection of a regulatory
flood, which is based upon engineering calculations which permit
consideration of such flood factors as its expected frequency of
occurrence, the area inundated, and the depth of inundation. It
is representative of large floods which are reasonably characteristic
of what can be expected to occr on the particular streams subject to
this Article. It is in the general order of a flood which could
be expected to have a one percent (1%) chance of occurrence in any one
year, as delineated on the Federal Insurance Administration's Flood
Insurance Study, and illustrative materials dated (Revised: May 22,
1999 and Final: September 22, 1999) as amended, and any future
revisions thereto.
B. Calculations of water surface
profiles based on a hydraulic engineering analysis of the capacity of
the stream channel and overbank areas to convey the base flood.
C. Computations of the floodway required
to convey this flood without increasing flood heights more than one
foot at any point.
D. Delineation of floodway encroachment
lines within which no obstruction is permitted which would cause any
water surface increase along the floodway profile.
E. Delineation of floodway fringe, i.e.,
that area outside the floodway encroachment lines, but
which still is subject to inundation by the base flood.
SECTION 10-303: STATEMENT OF PURPOSE
It is the purpose of this Article to promote the public health, safety
and general welfare and to minimize those losses described in Section
10-302 by applying the provisions of this Article to:
1. Restrict or prohibit uses which are dangerous to health,
safety or property in times of flooding or cause undue increases in
flood heights or velocities.
2. Require that uses vulnerable to floods, including public
facilities which serve such uses, be provided with flood protection at
the time of initial construction;
3. Protect individuals from buying lands which are unsuited
for intended purposes because of flood hazard.
4. Assure that eligibility is maintained for property
owners in the community to purchase flood insurance in the National
Flood Insurance Program.
SECTION 10-304: APPLICABLE LANDS
This Article shall apply to all lands within the jurisdiction of the
City of O'Neill identified on the Flood Insurance Rate Map (FIRM) dated
(Revised: May 22, 1998 and Final: September 22, 1999) and any revisions
thereto, as numbered and unnumbered A Zones (including AE, AO and AH
Zones) and within the Zoning Districts FW and FF established in Section
10-315 of this Article. In all areas covered by this Article no
development shall be permitted except upon the issuance of a floodplain
permit to develop granted by the City Council or its duly designated
representative under such safeguards and restrictions as the City
Council or the designated representative may reasonably impose for the
promotion and maintenance of the general welfare, health of the
inhabitants of the community and where specifically noted in Sections
10-316 through 10-320.
SECTION 10-305: RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES
The boundaries of the floodway and flood fringe overlay districts shall
be determined by scaling distances on the official zoning map or on the
Flood Insurance Rate Map or Floodway Map. Where interpretation is
needed to the exact locations of the boundaries of the districts as
shown on the official zoning map, as for example where there appears to
be a conflict between a mapped boundary and actual field conditions,
the Enforcement Officer shall make the necessary interpretation.
In such cases where the interpretation is contested, the Board of
Adjustment will resolve the dispute.
The regulatory flood elevation for the point in question shall be the
governing factor in locating the district boundary on the land.
The person contesting the location of the district boundary shall be
given a reasonable opportunity to present hi/her case to the Board of
Adjustment and to submit his/her own technical evidence, if he/she
desires.
SECTION 10-306: COMPLIANCE
Within identified special flood hazard areas of this community, no
development shall be located, extended, converted or structurally
altered without full compliance with the terms of this Article and
other applicable regulations.
SECTION 10-307: ABROGATION AND GREATER RESTRICTIONS
It is not intended by this Article to repeal, abrogate or impair any
existent easement, covenants or deed restrictions. However, where
this Article imposes greater restrictions, the provision of this
Article shall prevail. All other ordinances inconsistent with
this Article are hereby repealed to the extent of the inconsistency
only.
SECTION 10-308: INTERPRETATION
In their interpretation and application, the provisions of this Article
shall be held to be minimum requirements and shall be liberally
construed in favor of the Governing Body and shall not be deemed a
limitation or repeal of any other powers granted by state statutes.
SECTION 10-309: WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this Article is considered
reasonable for regulatory purposes and is based on engineering and
scientific methods of study. Larger floods may occur on rare
occasions or the flood height may be increased by man-made or natural
causes, such as ice jams and bridge openings restricted by
debris. This Article does not imply that areas outside floodway
and flood fringe district boundaries or land uses permitted within such
districts will be free from flooding or flood damage. This
Article shall not create liability on the part of the City of O'Neill
or any officer or employee thereof for any flood damages that may
result from reliance on this Article or any administrative decisions
lawfully made thereunder.
SECTION 10-310: SEVERABILITY
If any section, clause, provision or portion of this Article is
adjudged unconstitutional or invalid by a court of competent
jurisdiction, the remainder of this Article shall not be affected
thereby.
SECTION 10-311: APPEAL
Where a request for a permit to develop or a variance is denied by the
Building Inspector, the applicant may apply for such permit or variance
directly to the Board of Adjustment.
SECTION 10-312: ADMINISTRATION; ENFORCEMENT OFFICER
The Building Inspector of the community is hereby designated as
the community's duly designated Enforcement Officer under this Article.
A. The Building Inspector is hereby appointed to administer
and implement these provisions.
B. Duties of the Building Inspector shall include, but not
be limited to:
(1) Review all development
permit applications to assure that sites are reasonably safe from
flooding and that the permit requirements of this Article have been
satisfied.
(2) Review applications for
proposed development to assure that all necessary permits have been
obtained from those federal, state or local governmental agencies from
which prior approval is required.
(3) Review all subdivision
proposals and other proposed new development, including manufactured
home parks or subdivisions, to determine whether such proposals will be
reasonably safe from flooding.
(4) Notify adjacent
communities and the Nebraska Natural Resources Commission prior to any
alterations or relocations of a watercourse, and submit evidence of
such notification to the Federal Emergency Management Agency.
(5) Assure that maintenance
is provided with the altered or relocated portion of said watercourse
so that the flood carrying capacity is not diminished.
(6) Verify, record and
maintain record of the actual elevation (in relation to mean sea level)
of the lowest floor (including basement) of all new or substanially
improved structures in special flood hazards areas.
(7) Verify, record and
maintain record of the actual elevation (in relation to mean sea level)
to which new or substanially improved structures have been floodproofed.
(8) When floodproofing is
utilized for a particular structure, the Building Inspector shall be
presented certification from a registered professional engineer or
architect.
SECTION 10-313: DEVELOPMENT PERMIT REQUIRED
No person, firm or corporation shall initiate any floodplain
development or substantial improvement or cause the same to be done
without first obtaining a separate permit for development as defined in
Section 10-326.
SECTION 10-314: APPLICATION FOR PERMIT
To obtain a floodplain development permit, the applicant shall first
file an application in writing on a form furnished for that
purpose. Every such application shall:
1. Identify and describe the development to be covered by
the floodplain development permit.
2. Describe the land on which the proposed development is
to be done by lot, block, tract and house and street address, or
similar description that will readily identify and definitely locate
the proposed building or development.
3. Indicate the use or occupancy for which the proposed
development is intended.
4. Be accompanied by plans and specifications for proposed
construction.
5. Be signed by the permitee or his/her agent, who may be
required to submit evidence to indicate such authority.
6. Give such other information as reasonably may be
required by the Building Inspector.
SECTION 10-315: ESTABLISHMENT OF DISTRICTS
The mapped flood plain areas within the jurisdiction of this Article
are hereby divided into the two following districts: a floodway
overlay district (FW) and a floodway fringe overlay district (FF)
indentified in the Flood Insurance Study map. Within these
districts, all uses not meeting the standards of this Article and those
standards of the underlying zoning district shall be prohibited.
These zones shall be consistent with the numbered and unnumbered A
Zones as identified on the official FIRM and identified in the Flood
Insurance Study provided by the Federal Insurance Administration.
SECTION 10-316: STANDARDS FOR FLOODPLAIN DEVELOPMENT
1. No permit for development shall be granted for new
construction, substantial improvements and other development(s)
including the placement of manufactured homes within all numbered and
unnumbered A Zones (including AE, AO, and AH zones) unless the
conditions of this Section are satisfied.
2. All areas identified as unnumbered A zones on the FIRM
are subject to inundation of the base flood; however the water surface
elevation was not provided. The unnumbered A zones shall be
subject to all development provisions of Sections 10-317 and
10-318. If Flood Insurance Study data is not available, the
community shall utilize any base flood elevations or floodway data
currently available from Federal, State or other sources.
3. Until a floodway has benn designated, no development or
substantial improvement may be permitted within special flood hazard
areas unless the applicant has demonstrated that the proposed
development or substantial improvement, when combined with all other
existing and reasonably anticipated development or substantial
improvements, will not increase the water surface elevation of the base
flood more than one foot at any location as shown on the Flood
Insurance Study.
4. New construction, subdivision proposals, substantial
improvements, prefabricated buildings and placement of manufactured
homes and other developments shall require:
a. Design or anchorage to prevent
flotation, collapse or lateral movement of the structure resulting from
hydrodynamic and hydrostatic loads, including the effects of buoyancy.
b. New or replacement water supply
systems and/or sanitary sewage systems be designed to minimize or
eliminate infiltration of flood waters into the systems and discharges
from the systems into flood waters, and on-site waste disposal systems
be located so as to avoid impairment or contamination.
c. Construction with materials resistant
to flood damage, utilizing methods and practices that minimize flood
damages, and with electrical heating, ventilation, plumbing and air
conditioning equipment and other services facilities that are designed
and/or located so as to prevent water from entering or accumulating
within the components during conditions of flooding.
d. All utility and sanitary facilities
be elevated or floodproofed up to the regulatory flood protection
elevations.
5. Storage of Material and Equipment
Storage or processing of materials that in time of flooding are
buoyant, flammable, explosive, or could be injurious to human, animal
or plant life is prohibited.
Storage of other materials or equipment may be allowed if not subject
to major damage by floods and firmly anchored to prevent flotation or
if readily removable from the area within the time available after
flood warning.
6. Subdivision proposals and other proposed new
development, including manufactured home parks or subdivisions, be
required to assure that (a) all such proposals are consistent with the
need to minimize flood damage, (b) all public utilities and facilities,
such as sewer, gas, electrical and water systems are located, elevated
and constructed to minimize or eliminate flood damage, (c) adequate
drainage is provided so as to reduce exposure to flood hazards, and (d)
proposals for development (including proposals for manufactured home
parks and subdivisions) of five acres or 50 lots, whichever is lesser,
include within such proposals the base flood elevation.
SECTION 10-317: FLOOD FRINGE OVERLAY DISTRICT (INCLUDING AO AND
AH ZONES); PERMITTED USES
Any use permitted in Sections 10-319 and 10-320 shall be permitted in
the Flood Fringe Overlay District. No use shall be permitted in
the district unless the standards of Section 10-316 are met.
SECTION 10-318: STANDARDS FOR THE FLOOD FRINGE OVERLAY DISTRICT
1. Require new construction or substantial improvements of
residential structures to have the lowest floor, including basement,
elevated to or above one foot above the base flood elevation.
2. Require new construction or substantial improvements of
non-residential structures to have the lowest floor, including
basement, elevated to or above one foot above the base flood elevation
or, together with attendant utility and sanitary facilities, to be
floodproofed so that below that level the structure is watertight with
walls substantially impermeable to the passage of water and with
structural components having the capability of resisting hydrostatic
and hydrodynamicloads and affects of buoyancy. A registered
professional engineer or architect shall certify that the standards of
this subsection are satisfied. Such certification shall be
provided to the Building Inspector as set forth in Section 10-312, B(7).
3. Require for all new construction and substantial
improvements that fully enclosed areas below the lowest floor that are
usable solely for parking of vehicles, building access, or storage in
an area other than a basement and which are subject to flooding shall
be designed to automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must either be certified by a
registered professional engineer or architect or meet or exceed the
following minimum criteria: A minimum of two openings having a total
net area of not less than one square inch for every square foot of
enclosed area subject to flooding shall be provided.
The bottom of all openings shall be not higher than one foot above
valves or other coverings or devices, provided that they permit the
automatic entry and exit of floodwaters.
4. Within AH zones adequate drainage paths around
structures on slopes shall be required in order to guide floodwaters
around and away from proposed structures.
5. Manufactured Homes
A. All manufactured homes
shall be anchored to resist flotation, collapse or lateral
movement. Manufactured homes must be anchored in accordance with
local building codes or FEMA guidelines. In the event that
over-the-top frame ties to ground anchors are used, the following
specific requirements (or their equivalent) shall be met:
(1) Over-the-top ties be provided at each of the four
corners of the manufactured home, with two additional ties per side at
intermediate locations and manufactured homes less than 50 feet long
requiring one additional tie per side;
(2) Frame ties be provided at each corner of the home with
five additional ties per side at intermediate points and manufactured
homes less than 50 feet long requiring four additional ties per side;
(3) All components of the anchoring system be capable of
carrying a force of 4,800 pounds; and
(4) Any addition to the manufactured home be similarly
anchored.
B. Require that all
manufactured homes to be placed or substantially improved within
special flood hazard areas on the community FIRM on sites:
(1) Outside of a manufactured home park or subdivision,
(2) In a new manufactured home park or subdivision,
(3) In an expansion to an existing manufactured home park
or subdivision, or
(4) In an existing manufactured home park or subdivision on
which a manufactured home has incurred "substantial damage" as the
result of a flood, be elevated on a permanent foundation such that the
lowest floor of the manufactured home is at or above one foot above the
base flood elevation; and be securely anchored to an adequately
anchored foundation system in accordance with provisions of Section
10-318(5)A.
C. Require that
manufactured homes to be placed or substantially improved on sites in
an existing manufactured home park or subdivision within special flood
hazard areas on the community's FIRM that are not subject to the
provisions of Section 10-318(5)B be elevated so that either:
(1) The lowest floor of the manufactured home is at or
above one foot above the base flood elevation, or
(2) The manufactured home chassis is supported by
reinforced piers or other foundation elements of at least equivalent
strength that are no less than 36 inches in height above grade; and be
securely anchored to an adequately anchored foundation system in
accordance with the provisions of Section 10-318(5)A.
6. Recreational vehicles placed on sites within the special
flood hazard areas on the community's official map shall either (i) be
on the site for fewer than 180 consecutive days, (ii) be fully licensed
and ready for highway use, or (iii) meet the permit requirements and
the elevation and anchoring requirements for "manufactured homes" of
this Article. A recreational vehicle is ready for highway use if
it is on its wheels or jacking system, is attached to the site only by
quick-disconect type utilities and security devices, and has no
permanently attached additions.
7. Located within the areas of special flood hazard
established in Section 10-304 are areas designated as AO Zones.
These areas have special flood hazards associated with base flood
depths of one to three feet where a clearly defined channel does not
exist and where the path of flooding is unpredictable and
indeterminate; therefore, the following provisions apply within AO
Zones:
A. All new construction and
substantial improvements of residential structures shall have the
lowest floor (including basement) elevated above the highest
adjacent grade at least as high as one foot above the depth number
specified in feet on the community's FIRM (at least two feet if no
depth number is specified).
B. All new construction and
substantial improvements of non-residential structures shall:
(1) Have the lowest floor elevated above the highest
adjacent grade at least as high as one foot above the depth number
specified in feet on the community's FIRM (at least two feet if no
depth number is specified), or
(2) Together with attendant utility and sanitary facilities
be completely floodproofed to or above that level so that any space
below that level is watertight with walls substantially impermeable to
the passage of water and with structural components having the
capability of resisting hydrostatic and hydrodynamic loads and effects
of buoyancy. Such certification shall be provided to the official
as set forth in Section 10-312B(7).
C. Adequate drainage paths
around structures on slopes shall be required in order to guide
floodwaters around and away from proposed structures.
SECTION 10-319: FLOODWAY OVERLAY DISTRICT; PERMITTED USES
Only uses having a low food-damage potential and not obstructing flood
flows shall be permitted within the Floodway District to the extent
that they are not prohibited by any other ordinace. The following
are recommended uses for the Floodway District:
1. Agricultural uses such as general farming, pasture,
nurseries, forestry.
2. Residential uses such as lawns, gardens, parking and
play areas.
3. Non-residential areas such as loading areas, parking and
airport landing strips.
4. Public and private recreational uses such as golf
courses, archery ranges, picnic grounds, parks, wildlife and nature
preserves.
SECTION 10-320: STANDARDS FOR THE FLOODWAY OVERLAY DISTRICT
New structures for human habitation are prohibited. All
encraochments, including fill, new construction, substantial
improvements and other development must be prohibited unless
certification by a registered professional engineer or architect is
provided demonstrating that the development shall not result in any
increase in water surface elevations along the floodway profile during
occurrence of the base flood discharge. These uses are subject to
the standards of Section 10-316 through 10-318. In Zone A
unnumbered, obtain, review and reasonably utilize any flood elevation
and floodway data available through federal, state or other sources or
Section 10-316(6)d of this Article, in meeting the standards of this
section.
SECTION 10-312: VARIANCE PROCEDURES
1. The O'Neill City Council sitting as a Board of
Adjustment shall hear and decide appeals and requests for variances
from the requirements of this Article. All decisions of the Board
of Adjustment may be appealed to the District Court of Holt County,
Nebraska for resolution.
2. The Board of Adjustment shall hear and decide appeals
when it is alleged that there is an error in any requirement, decision
or determination made by the Building Inspector in the enforcement or
administration of this Article.
3. The Board of Adjustment shall consider all technical
evaluation, all relevant factors, standards specified in other sections
of this Article, and:
A. The danger that
materials may be swept onto ther lands to the injury of others;
B. The danger to life and
property due to flooding or erosion damage;
C. The susceptibility of
the proposed facility and its contents to flood damage and the effect
of such damage on the individual owner;
D. The importance of the
services provided by the proposed facility to the community;
E. The necessity to the
facility of a waterfront location, where applicable;
F. The availability of
alternative locations, not subject to flooding or erosion damage,
for the proposed use;
G. The compatibility of the
proposed use to the comprehensive plan and floodplain management
program for that area;
H. The relationship of the
proposed use to the comprehensive plan and floodplain management
program for that area;
I. The safety of access to
the property in times of flood for ordinary and emergency vehicles;
J. The expected heights,
velocity, duration, rate of rise and sediment transport of the
floodwaters and the effects of the wave action, if applicable, expected
at the site; and,
K. The costs of providing
governmental services during and after flood conditions, including
maintenance and repair of public utlities and facilities such as sewer,
gas, electrical and water systems, streets and bridges.
SECTION 10-322: CONDITIONS FOR VARIANCE
1. Generally, variances may be issued for new construction
and substantial improvements to be erected on a lot of one-half acre or
less in size contiguous to and surrounded by lots with existing
structures constructed below the base flood level, providing items 2
through 6 below have been fully considered. As the lot size
increases beyond the one-half acre, the technical justification
required for issuing the variance increases.
2. Variances may be issued for the repair or rehabilitation
of historic structures upon a determination that the proposed repair or
rehabilitation will not preclude the structure's continued designation
as a historic structure and the variance is the minimum necessary to
preserve the historic character and design of the structure.
3. Variances shall not be issued within any designated
floodway if any increase in flood levels along the floodway profile
during the base flood discharge would result.
4. Variances shall only be issued upon a determination that
the variance is the minimum necessary, considering the flood hazard, to
afford relief.
5. Variances shall only be issued upon (i) a showing of
good and sufficient cause, (ii) a determination that failure to
grant the variance would result in exceptional hardship to the
applicant, and (iii) a determination that the granting of a
variance will not result in increased flood heights, additional threats
to public safety, extraordinary public expense, create nuisances, cause
fraud on or victimization of the public, or conflict with existing
local laws or ordinances.
6. The applicant shall be given a written notice over the
dignature of a community official that (1) the issuance of a variance
to construct a structure below the flood level will result in increased
premium rates for flood insurance up to amounts as high as $25.00 for
$100.00 of insurance coverage and (2) such construction below the base
flood level increases risks to life and property. Such
notification shall be maintained with the record of all variance
actions as required by this Article.
SECTION 10-323: NONCONFORMING USE
1. A structure or the use of a structure or premises which
was lawful before the passage or amendment of the Article, but which is
not in conformity with the provisions of this Article, may be continued
subject to the following conditions:
A. If such use is discontinued for 12
consecutive months, any future use of the building premises shall
conform to this Article. The Utility Department shall notify the
Building Inspector in writing of instances of nonconforming uses where
utility services have been discontinued for a period of 12 months.
B. Uses or adjuncts thereof that are or
become nuisances shall not be entitled to continue as nonconforming
uses.
2. If any nonconforming use or structure is destroyed by
any means, including flood, it shall not be reconstructed if the cost
is more than 50 percent of the market value of the structure before the
damage occurred except that if it is reconstructed in conformity with
the provisions of this Article. This limitation does not include
the cost of any alterations to comply with existing state or local
health, sanitary, building or safety codes or regulations or the cost
of any alterations listed on the National Register of Historic Places
or a State Inventory of Historic Places, provided that the alteration
shall not preclude its continued designation. (Amended by Ord. No.
1196, 1/7/02)
SECTION 10-324: PENALTIES FOR VIOLATION
Violations of the provisions of this Article or failure to comply with
any of its requirements (including violations of conditions and
safeguards established in connection with grants of variances or
special exceptions) shall constitute a misdemeanor. Any
person who violates this Article or fails to comply with any of its
requirements shall, upon conviction thereof, be fined not more than
$500.00, and in addition, shall pay all costs and expenses involved in
the case. Each day such violation continues shall be considered a
separate offense.
Nothing herein contained shall prevent the City of O'Neill or other
appropriate authority from taking such other lawful action is as
necessary to prevent or remedy any violation.
SECTION 10-325: AMENDMENTS
The regulations, restrictions and boundaries set forth in this Article
may from time to time be amended, supplemented, changed, or appealed to
reflect any and all changes in the National Flood Disaster Protection
Act of 1973; provided, however, that no such action may be taken until
after a public hearing in relation thereto, at which parties in
interest and citizens shall have an opportunity to be heard. Notice of
the time and place of such hearing shall be published in a newspaper of
general circulation in the City of O'Neill. At least ten days
shall elapse between the date of this publication and the public
hearing. A copy of such amendments will be provided to the
Federal Emergency Management Agency. The regulations of this
Article are in compliance with the National Flood Insurance Program
Regulations as published in Title 44 of the Code of Federal Regulations
and the 1983 Nebraska Flood Plain Management Act.
SECTION 10-326: DEFINITIONS
Unless specifically defined below, words or phrases used in this
Article shall be interpreted so as to give them the meaning they have
in common usage and to give this Article its most reasonable
application:
"Appeal" means a request for review of the Building Inspector's
interpretation of any provision of this Article or a request for a
variance.
"Area of Shallow Flooding" means a designated AO or AH zone on a
community's Flood Insurance Rate Map (FIRM) with a one percent or
greater annual chance of flooding to anaverage depth of one to three
feet where a clearly defined channel is unpredictable and where
velocity flow may be evident. Such flooding is characterized by
ponding or sheet flow.
"Base Flood" means the flood having one percent chance of being equaled
or exceeded in any given year.
"Basement" means any area of the building having its floor
subgrade (below ground level) on all sides.
"Development" means any man-made change to improved or unimproved
real estate, including but not limited to buildings or other
structures, mining, dredging, filling, grading, paving, excavation or
drilling operations or storage of equipment or materials.
"Construction" means (for the purposes of determing rates) structures
for which the "start of construction" commenced before the effective
date of the FIRM or before January 1, 1975, may also be referred to as
"existing structures."
"Existing Manufactured Home Park or Subdivision" means a manufactured
home park or subdivision for which the construction of facilities for
servicing the lots on which the manufactured homes are to be affixed
(including, at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the puring of
concrete pads) is complete before the effective date of the floodplain
management regulations adopted by a community.
"Flood" or "Flooding" means a general and temporary condition of
partial or complete inundation of normally dry land areas from:
(1)
The overfloww of inland or tidal waters,
(2)
The usual and rapid accumulation of runoff of surface
waters from any source.
"Flood Ringe" is that area of the floodplain, outside of the
floodway, that on the average is likely to be flooded once every 100
years (i.e., that area has a one percent chance of flood occurrence in
any one year).
"Flood Insurance Rate Map (FIRM)" means an official map of a
community, on which the Flood Insurance Study has delineated the Flood
Hazard Boundaries and the zones establishing insurance rates applicable
to the community.
"Flood Insurance Study" is the official report provided by the
Federal Emergency Management Agency. The report contains flood
profiles, as well as the Flood Boundary Floodway Map and the water
surface elevation of the base flood.
"Floodplain" means any land area susceptible to being inundated
by water from any source (see definition of "flooding").
"Floodway" or "Regulatory Floodway" means the channel of a river or
other watercourse and the adjacent land areas that must be reserved in
order to discharge the base flood without cumulatively increasing the
water surface elevation more than one foot.
"Freeboard" means a factor of safety usually expressed in feet above a
flood level for purposes of floodplain management. "Freeboard"
tends to compensate for the many known factors that could contribute to
flood heights greater than the height calculated for a selected size
flood and floodway conditions, such as wave action, clogged bridge
openings, and the hydrological effect of urbanization of the watershed.
"Highest Adjacent Grade" means the highest natural elevation of
the ground surface prior to construction next to the proposed walls
of a structure.
"Historic Structure" means any structure that is: (a) Listed
individually in the National Register of Historic Places (a listing
maintained by the Department Interior) or preliminarily determined by
the Secretary of the Interior as meeting the requirements for
individual listing on the National Regiister; (b) Certified or
preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic
district or a district preliminarily determined by the Secretary to
qualify as a registered historic district; (c) individually
listed on a state inventory of historic places in states with historic
preservation programs which have benn approved by the Secretary of the
Interior; or (d) Individually listed on a local inventory of historic
places in communities with historic preservation programs that have
been certified either: (1) By an approved state program as determined
by the Secretary of the Interior or (2) Directly by the Secretary of
the Interior in states without approved programs.
"Lowest Floor" means the lowest floor of the lowest enclosed area
(including basement). An unfinished or flood-residtant enclosure,
usable solely for parking of vehicles, building access or storage, in
an area other than a basement area, is not considered a building's
lowest floor, provided that such enclosure is not built so as to render
the structure in violation of the applicable non-elevation design
requirements of this Article.
"Manufactured Home" means a structure, transportable in one or more
sectionss, which is built on a permanent chassis and is designed for
use with or without a permanent foundation when attached to the
required utilities. The term "manufactured home" does not include
a "recreational vehicle."
"Manufactured Home Park or Subdivision" means a parcell (or contiguous
parcels) of land divided into two or more manufactured home lots for
rent or sale.
"New Construction" means, for floodplain management purposes,
structures for which the "start of construction" commenced on or after
the effective date of the floodplain management regulations adopted by
a community and includes any subsequent improvements to such structures.
"Overlay District" is a district in which additional requirements act
in conjunction with underlying zoning district(s). The original
zoning district designation does not change.
"Principally Above Ground" means that at least 51 percent of the actual
cash value of the structure is above ground.
"Recreational Vehicle" means a vehicle which is (i) built on a single
chassis; (ii) 400 square feet or less when measured at the largest
horizontal projections; (iii) designed to be self propelled or
permanently towable by a light duty truck; and (iv) designed primarily
not for use as a permanent dwelling but as temporary living quarters
for recreational, camping, travel, or seasonal use.
"Special Flood Hazard Area" is the land in the floodplain within a
community subject to one percent or greater chance of flooding in any
given year.
"Start of Construction" {for other than new construction or substantial
improvements under the coastal Barrier Resources Act (Pub. L. 97-348)}
includes substantial improvement, and means the date the building
permit was issued, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition, placement, or other
improvements was within 180 days of the permit date.
The actual start means the first placement of permanent construction of
a structure on a site, such as the pouring of slab or footings, the
installation of piles, the construction of columns, or any work beyond
the stage of excavation; or the placement of a manufactured home on a
foundation. Permanent construction does not include land
preparation, such as clearing, grading and filling; nor does it include
the installation of streets and/or walkways; nor does it include
excavation for a basement, footings, piers or foundations or the
erection of temporary forms; nor does it iclude the installation on the
property of accessory buildings, such as garages or sheds not occupied
as dwelling units or not part of the main structure. For a
substantial improvement, the actual start of construction means the
first alteration of any wall, ceiling, floor, or other structural part
of a building, whether or not the alteration affects the external
dimensions of the building.
"Structure" means a walled and roofed building that is principally
above ground, as well as a manufactured home, and a gas or liquid
storage tank that is principally above ground.
"Substantial Damage" means damage of any origin sustained by a
structure whereby the cost of restoring the structure to its
before-damaged condition would equal or exceed 50 percent of the market
value of the structure before the damage occurred.
"Substantial Improvement" means any reconstruction, rehabilitation,
addition or other improvement of a structure, the cost of which exceeds
50 % of the market value of the structure before "start of
construction" of the improvement. This includes structures which
have incurred "substantial damage", regardless of the actual repair
work performed. The term does not, however, include either (1)
any project for improvement of a structure to correct existing
violations of state or local health, sanitary or safety code
specifications which have been identified by the local code enforcement
official and which are to the minimum necessary to assure safe living
conditions, or (2) any alteration of a "historic structure", provided
that the alteration will not preclude the structure's continued
designation as a "historic structure".
"Variance" means a grant of relief to a person from the terms of a
floodplain management Article.
"Violation" means the failure of a structure or other development to be
fully compliant with the community's floodplain management regulations.
(Ord. No. 1132, 6/7/99)
ARTICLE IV - HOUSING OCCUPANCY
SECTION 10-401: DWELLING UNIT OCCUPANTS
No more than one family shall live together in a dwelling unit.
SECTION 10-402: FAMILY DEFINED
"Family" shall be defined as an individual or married couple and the
children thereof with not more than two other persons related directly
to the individual or married couple by blood or marriage; or a group of
not more than five unrelated persons, living together as a single
housekeeping unit in a dwelling unit. A family shall under no
circumstances be construed as the occupants of a boarding or rooming
house, fraternity or sorority house, club, lodging house, hotel, motel
or commune. (Ord. No. 1275, 6/5/06)
ARTICLE V - MANUFACTURED HOMES
SECTION 10-501: STANDARDS
A. A manufactured home may be used as a residential structure in
any zone in which residential uses are permitted if such manufactured
home bears an appropriate seal which indicates that it was constructed
in accordance with the standards of the Uniform Standard Code for
Manufactured Homes and Recreational Vehicles, the Nebraska Uniform
Standards for Modular Housing Units Act, or the United States
Department of Housing and Urban Development.
B. Manufactured homes permitted pursuant to this section shall be
located and installed according to the following standards which are
applicable to site-built, single-family dwellings:
(1) The home shall be
located and installed on a permanent foundation;
(2) The home shall be
installed with permanent utility connections;
(3) The home shall comply
with all setback and lot requirements of the residential zone in which
it is located;
(4) The home shall comply
with the minimum square footage requirements of the residential zone in
which it is located.
C. Manufactured homes shall also meet the following standards:
(1) The home shall have no
less than 900 square feet of floor area;
(2) The home shall have no
less than an 18-foot exterior width;
(3) The roof shall be
pitched with a minimum vertical rise of 2 1/2 inches for each 12 inches
of horizontal run;
(4) The exterior material
shall be of a color, material and scale comparable with those existing
in residential site-built, single-family construction;
(5) The home shall have a
nonreflective roof material which is or simulates asphalt or wood
shingles, tile, or rock; and
(6) The home shall have
wheels, axles, transporting lights and removable towing apparatus
removed.
D. Nothing in this section shall be deemed to supersede any valid
restrictive covenants of record.
E. For purposes of this section, "manufactured home" shall mean a
factory-built structure which is to be used for a place for human
habitation, which is not constructed or equipped with a permanent hitch
or other device allowing it to be moved other than to a permanent site,
which does not have permanently attached to its body or frame any
wheels or axles, and which bears a label certifying that it was built
in compliance with National Manufactured Home Construction and Safety
Standards, 24 C.F.R. 3280 et seq. promulgated by the United States
Department of Housing and Urban Development, or (b) a modular housing
unit as defined in Neb. R.S. 71-1557, bearing the seal in accordance
with the Nebraska Uniform Standards for Modular Housing Units Act.
F. All other pre-manufactured structures not meeting the
requirements herein of a "manufactured home" are classified as trailers
or mobile homes and require a special use permit or location within a
legally established trailer park. (Ref. 19-902 RS Neb.) (Ord. No.
982, 4/4/95; 1133, 6/7/99; 1198, 3/4/02)
ARTICLE VI - PENAL PROVISION
SECTION 10-601: VIOLATION; PENALTY
Any person, firm or corporation who violates, disobeys, omits, neglects
or refuses to comply with, or who resists the enforcement of any of the
provisions of this ordinance, shall upon conviction, be fined not more
than $500.00 or shall be subject to imprisonment not exceeding 30 days
for each offense. Each day that such violation continues shall
constitute a separate offense.
In case any building or structure is erected, constructed,
reconstructed, altered, repaired, converted or maintained, or any
building, structure or land is used in violation of this ordinance, the
appropriate authorities of the City, in addition to other remedies, may
institute appropriate action or proceedings, to prevent such unlawful
erection, construction, reconstruction, alteration, repair, conversion,
maintenance or use to restrain or to correct or abate such violation,
or to prevent any illegal act, conduct, business or use in or about
such premises.