SECTION 410 R RESIDENTIAL DISTRICT

410.01 INTENT:

This district is established for the purpose of providing areas within and around the City for a wide range of residential uses, to encourage the development of alternative housing styles which make more efficient use of the land and public infrastructure and create more usable open spaces while maintaining building height and building mass compatibility of such alternative housing styles with single-family detached housing and for the purpose of protecting such residential areas from development of incompatible land uses in order to promote and maintain a stable residential environment.

410.02 PERMITTED PRINCIPAL USES AND STRUCTURES:

1. Single-family, detached and attached (zero lot line) dwellings, two-family (duplex) dwellings, multi-family dwellings, townhouses, and manufactured homes meeting the definition for such homes and the performance standards for such homes as set forth in Subsection 303.81 of this Ordinance, but excluding manufactured homes which do not meet said definition and performance standards,

2. Nursing and convalescent homes, assisted living homes and hospice centers,

3. Churches, temples and similar religious uses, excluding buildings used all or in part as schools or for

(non-religious) education of youth where the education curriculum is similar to that of a public school,

4. Horticultural uses customary to urban residential uses,

5. Temporary uses in accordance with Section 523 of this Ordinance,

6. Raising of crops, pasturing of livestock (in accordance with applicable City ordinances), but excluding the

feeding of any type of livestock in buildings or pens and excluding any buildings for agricultural

equipment storage, grain storage bins or buildings, buildings for the raising or management of livestock

or other building which supports agricultural operations on the premises,

7. Below ground utility lines and above ground utility installations and structures including local distribution

lines, cable, poles and appurtenances, below ground and above ground public utility water storage tanks,

but excluding distribution substations, regulator stations, communications equipment buildings, storage or

maintenance yards, buildings or administrative offices for such utilities and excluding communications,

micro-wave, cellular communications or other towers greater than thirty five (35) feet in height,.

410.03 PERMITTED ACCESSORY USES AND STRUCTURES:

1. Garages, carports, patios, outbuildings for storage and other similar structures customary and incidental to

the allowable and permitted uses and authorized conditional uses, provided outbuildings shall not include

buildings for storage of agricultural equipment, grain or other agricultural use except such buildings

associated with sale of produce produced on the premises. Such uses, buildings or structures shall require

the issuance of a building / zoning permit and / or certificate of zoning compliance.

2. Home occupations, in accordance with Section 515 of this Ordinance. Issuance of a building / zoning permit or certificate of zoning compliance shall be required.

3. Moveable roadside stands for the temporary sale of produce grown or crafts produced on the premises. No

zoning permit shall be required.

4. Radio and television antennae, less than thirty five (35) feet in height, and television satellite receiving

antennae (satellite dishes), provided that satellite receiving antennae larger than twenty four (24) inches

in diameter shall be located in the side or rear yard. Such antennae shall not require the issuance of a

building / zoning permit.

5. On-site signs, excluding billboards, related to permitted uses and approved conditional uses, all subject to

the regulations and requirements of Section 521 of this Ordinance. All signs shall require issuance of a

building / zoning permit.

410.04 CONDITIONAL USES AND STRUCTURES:

After the provisions of Article 7 of this Ordinance relating to conditional uses have been met, the following uses may be allowed as conditional uses:

1. Parks, playgrounds, golf courses and other open space recreation uses, excluding miniature golf facilities

and water parks,

2. Public or private schools, colleges, and similar education facilities,

3. Public uses of an administrative, service or cultural nature including libraries, museums, fire stations,

administrative offices and similar uses,

4. Electrical, natural gas, cable distribution substations, regulator stations, communications equipment buildings, communications, micro-wave, cellular communications or other towers in excess of thirty five (35) feet in height, storage or maintenance yards, buildings or administrative offices for such utility uses,

5. Hospitals, day care and child care centers.

6. Bed and Breakfast uses,

7. Mobile home park, court or subdivision, developed in accordance with the standards set forth in Section

524 of this Ordinance,

8. Agricultural buildings, non-commercial grain storage bins and similar structures designed to support

existing agricultural operations,

9. Other uses, determined by the Planning Commission and City Council, to be comparable with the other uses

listed as conditional uses in this district, compatible with the uses permitted in the district and consistent

with the intent of this district.

410.05 PROHIBITED USES AND STRUCTURES:

All other uses and structures which are not specifically permitted or authorized as conditional uses shall be

prohibited in this zoning district.

410.06 MINIMUM LOT AREA:

1. The minimum lot area for uses listed in Section 410.02 shall be unrestricted, provided that each lot shall

provide a marketable buildable area and all building(s) thereon shall comply with the minimum width,

minimum frontage, minimum yards, minimum parking area, and maximum rear yard coverage

requirements specified in this district.

2. The minimum lot area for conditional uses listed in Section 410.04 shall be the area appropriate to each

conditional use, as determined by the Commission in its review and authorization of each conditional use

in accordance with Article 7 of this Ordinance, provided that each lot area shall be sufficient in size to

allow a buildings thereon to comply with the minimum width, minimum frontage, minimum yards,

minimum parking area, and maximum rear yard coverage requirements specified in this district.

410.07 MINIMUM LOT WIDTH AND FRONTAGE:

1. The minimum lot width and frontage for uses listed in Section 410.02 shall be unrestricted, provided that each lot shall provide a marketable buildable area and all building(s) thereon shall comply with the minimum width, minimum yards, minimum parking area, and maximum rear yard coverage requirements specified in this district.

2. The minimum lot width and frontage for conditional uses listed in Section 410.04 shall be the area

appropriate to each conditional use, as determined by the Commission in its review and authorization of each conditional use in accordance with Article 7 of this Ordinance, provided that each lot area shall be sufficient in size to allow a buildings thereon to comply with the minimum width, minimum frontage, minimum yards, minimum parking area, and maximum rear yard coverage requirements specified in this district.

410.08 MINIMUM YARD REQUIREMENTS:

The minimum yards (setbacks) for any building from a property line or street right-of-way line shall be as follows, (Refer to Section 502 of this Ordinance for required minimum yard and setback regarding eaves, cornice overhangs, awnings, balconies, exceptions and the like):

1. Front Yard - Sixty (60) feet from a roadway designated on the City’s Major Street Plan as a Major Arterial

For developed areas, as defined in Subsection 303.49 of this Ordinance, the required front yard shall be the average of the existing front yards, provided that in no event shall such front yard be less than twenty (20) feet, and further provided that where existing front yards exceed the required minimum front yard, the minimum front yard requirement shall apply.

2. Side Yard - For all uses, except accessory buildings, each side yard shall be a minimum of six (6) feet,

provided that:

A. Where the side yard of any residential use abuts a commercial or industrial zoning district, the side yard abutting such commercial or industrial zoning district shall be a minimum of thirty (30) feet.

B. Where any side yard of a townhouse or a two or more story multi-family residential use abuts a residential use other than another townhouse or two or more story multi-family use, the side yard abutting such non-townhouse or non-two or more story multi-family residential use shall be a minimum of thirty (30) feet.

C. Where any use, other than a residential use, which is permitted outright or by

conditional use in this district, abuts a residentially zoned lot on the side, the minimum side yard on the side adjoining such lot shall be a minimum of thirty (30) feet.

For accessory buildings, the minimum side yard shall be six (6) feet from the side lot line to the nearest point of the accessory building, provided that any such accessory building shall comply with the following limitations:

A. Accessory buildings shall not be placed on any recorded easement.

B. The total accessory building or buildings shall not cover more than thirty (30)

percent of the rear yard.

C. The maximum height of any accessory building with a side yard setback of less

than thirty (30) feet shall be limited to sixteen (16) feet.

3. Rear Yard - The minimum rear yard shall be twenty (20) feet, provided that where any use permitted

outright or by conditional use in this district other than a single family detached or attached dwelling unit, a two-family dwelling unit or single story multi-family residential use, abuts a residentially zoned lot to the rear, the minimum rear yard shall be thirty (30) feet.

For accessory buildings, the minimum rear yard shall be six (6) feet from the rear lot line to the nearest point of the accessory building, provided that any such accessory buildings shall comply with the following restrictions:

A. Accessory buildings shall not be placed on any recorded easement.

B. The total accessory building or buildings shall not cover more than thirty (30)

percent of the rear yard.

C. The maximum height of any accessory building with a rear yard setback of less

than twenty (20) feet shall be limited to sixteen (16) feet.

410.09 MAXIMUM HEIGHT:

The maximum height for any structure or building designed or used for human occupancy shall be fifty (50) feet and the maximum height for all other buildings and structures shall be unlimited except for any applicable height restriction of the Airport Hazard Zone District regulations and any limitations of height imposed on any authorized conditional use.

410.10 OFF-STREET PARKING AND LOADING:

The minimum number of off-street parking spaces and minimum loading areas required for each allowable, and permitted use and any authorized conditional use in this district shall be in accordance with the requirements of Sections 516 through 518 and 520 of this Ordinance.

SECTION 411 R - R RESIDENTIAL RANCHETTE DISTRICT

411.01 INTENT: This district is established for the purpose of providing areas on the periphery of the City for lower density estate type residential uses and hobby farms where care, training and enjoyment of reasonable numbers of domestic livestock is proposed and to protect such uses from development of incompatible uses in order to promote and maintain a stable residential environment.

411.02 LIMITATION ON APPLICATION OF THIS DISTRICT: This district shall only be applied to parcels of land which contain twelve (12) or more acres in area.

411.03 PERMITTED PRINCIPAL USES AND STRUCTURES:

1. Single-family detached dwellings, including manufactured homes meeting the definition for such homes and the performance standards for such homes as set forth in Subsection 303.81of this Ordinance, but excluding manufactured homes which do not meet said definition and performance standards,

2. Raising of crops, pasturing of livestock (in accordance with applicable City ordinances), but excluding the

feeding of any type of livestock in buildings or pens, except as hereafter provided in this Section, and excluding any buildings for agricultural equipment storage, grain storage bins or buildings, buildings for the raising or management of livestock or other building which supports agricultural operations on the premises,

3. Below ground utility lines and above ground utility installations and structures including local distribution

lines, cable, poles and appurtenances, below ground and above ground public utility water storage tanks,

but excluding distribution substations, regulator stations, communications equipment buildings, storage or

maintenance yards, buildings or administrative offices for such utilities and excluding communications,

micro-wave, cellular communications or other towers greater than thirty five (35) feet in height,.

411.04 PERMITTED ACCESSORY USES AND STRUCTURES:

1. Garages, carports, patios, outbuildings for storage and other similar structures customary and incidental to

the allowable and permitted uses and authorized conditional uses. Such uses, buildings or structures shall require the issuance of a building / zoning permit and / or certificate of zoning compliance.

2. Home occupations, in accordance with Section 515 of this Ordinance. Issuance of a building / zoning permit or certificate of zoning compliance shall be required.

3. Moveable roadside stands for the temporary sale of produce grown or crafts produced on the premises. No

zoning permit shall be required.

4. Radio and television antennae, less than thirty five (35) feet in height, and television satellite receiving

antennae (satellite dishes), provided that satellite receiving antennae larger than Twenty Four (24) inches

in diameter shall be located in the side or rear yard. Such antennae shall not require the issuance of a

building / zoning permit.

5. On-site signs, excluding billboards, related to permitted uses and approved conditional uses, all subject to

the regulations and requirements of Section 521 of this Ordinance. All signs shall require issuance of a

building / zoning permit.

411.04 CONDITIONAL USES AND STRUCTURES:

After the provisions of Article 7 of this Ordinance relating to conditional uses have been met, the following uses may be allowed as conditional uses:

1. Parks, playgrounds, golf courses and other open space recreation uses, excluding miniature golf facilities

and water parks,

2. Electrical, natural gas, cable distribution substations, regulator stations, communications equipment buildings, communications, micro-wave, cellular communications or other towers in excess of thirty five (35) feet in height, storage or maintenance yards, buildings or administrative offices for such utility uses,

3. Bed and Breakfast uses,

4. Care of other types of animals not allowable in Section 411.05 of the Ordinance,

5. Other uses, determined by the Planning Commission and City Council, to be comparable with the other uses listed as conditional uses in this district, compatible with the uses permitted in the district and consistent with the intent of this district.

411.05 ALLOWABLE ANIMALS AND LIMITATIONS:

Domestic horses and cattle may be kept on land upon which this district is applied, provided such keeping of such animals shall comply with all of the following conditions and limitations:

1. Horses and cattle shall only be kept on any lot or parcel which is four (4) acres or larger in area,

2. A maximum of two (2) horses or cattle may be kept on any four (4) acre or larger lot or parcel, provided that any offspring from the two (2) allowable animals may be kept only until said offspring is weaned, a period which shall not exceed a period of eight (8) months from the date of birth of such offspring,

3. The confinement area for the allowable animals shall be at least three (3) acres in area and shall be located in the rear and / or side yard,

4. Only one (1) accessory building shall be allowed on each such parcel for stabling of such animals, storage of feed and storage of related supplies, tack and equipment. Such building shall not exceed five hundred (500) square feet in area. All bedding, feed, fodder, supplies, tack and equipment shall be stored inside said building,

5. Such building shall be constructed prior to the introduction of allowable animals to the premises,

6. Any such accessory building shall be located at least one hundred fifty (150) feet from the front property line, at least one hundred (100) feet from any residential dwelling not on the same premises as such accessory building and at least one hundred (100) feet from any non-Residential Ranchette Zoning District boundary,

7. Any such accessory building shall be located at least fifty (50) feet from any side or rear lot line.

8. Used bedding, manure and other animal waste shall be may be applied to the land on which the allowable animals are maintained, provided that any stockpiling or storage of any used bedding, manure or other animal waste shall only occur inside the required accessory building and proper control of vermin and flies shall be used to prevent propagation of such vermin, flies and odor.

411.06 PROHIBITED USES AND STRUCTURES:

All other uses and structures which are not specifically permitted or authorized as conditional uses shall be prohibited in this zoning district.

411.07 MINIMUM LOT AREA:

The minimum lot area for all uses in this district shall be four (4) acres.

411.08 MINIMUM LOT WIDTH AND FRONTAGE:

The minimum lot width for all uses in this district shall be two hundred (200) feet and the minimum lot frontage for all uses in this district shall be sixty six (66) feet.

411.09 MINIMUM YARD REQUIREMENTS:

1. Front Yard - Sixty (60) feet from a roadway designated on the City’s Major Street Plan as a Major Arterial

2. Side Yard - The minimum side yard shall be thirty (30) feet, except that accessory buildings where allowable animals are housed shall comply with the setback requirements of Section 411.05, Subsection 6, and provided that where the side yard of any residential use abuts a commercial or industrial zoning district, the side yard abutting such commercial or industrial zoning district shall be a minimum of fifty (50) feet.

3. Rear Yard - The minimum rear yard shall be fifty (50) feet, except that accessory buildings where allowable animals are housed shall comply with the setback requirements of Section 411.05 Subsection 6, and provided that where the side yard of any residential use abuts a commercial or industrial zoning district, the side yard abutting such commercial or industrial zoning district shall be a minimum of one hundred (100) feet.

411.10 MAXIMUM HEIGHT:

411.11 OFF-STREET PARKING AND LOADING:

SECTION 412 R - O RESIDENTIAL - OFFICE DISTRICT

412.01 INTENT:

This district is intended primarily as an institutional buffer zone, which because of its proximity to commercial business uses, public uses, and residential uses is designed to provide for a transition in land usage between such business and public uses and nearby residential uses. This district is not intended to be commercial in character and is deemed to include only those non-residential uses which are reasonably compatible with adjoining residential uses and which will not create land use conflicts which would tend to blight adjoining residential uses.

412.02 GENERAL PROVISIONS:

The conduct of permitted uses in this district shall be within completely enclosed buildings, except for vehicle

parking and loading areas.

412.03 PERMITTED PRINCIPAL USES AND STRUCTURES:

1. Single-family, two-family (duplex) dwellings, townhouses and multi-family dwellings,

2. Group housing, including rooming and boarding houses, bed and breakfast establishments, elderly

housing, nursing homes, assisted living and hospice centers,

3. Children’s homes, day nurseries and group day care centers,

4. Business and professional service uses, including medical, chiropractic, dental clinics and other health care clinics, pharmacies, banks and other financial institutions,

5. Public and semi-public uses including, but not limited to museums, libraries, parks, community centers,

senior centers, exhibition and assembly halls,

6. Mortuaries and funeral parlors,

7. Off-street parking reservoirs,

8. Churches, temples and similar religious uses, excluding buildings used all or in part as schools for the

(non-religious) education of youth where the education curriculum is similar to that of a public school,

9. Horticultural uses customary to urban residential uses,

10. Temporary uses in accordance with Section 523 of this Ordinance,

11. Below ground utility lines and above ground utility installations and structures including local distribution

lines, cable, poles and appurtenances, below ground and above ground public utility water storage tanks,

but excluding distribution substations, regulator stations, communications equipment buildings,

communications, micro-wave, cellular communications or other towers in excess of thirty five (35) feet

in height, storage or maintenance yards, buildings or administrative offices for such utilities.

412.04 PERMITTED ACCESSORY USES AND STRUCTURES:

1. Garages, carports, patios, outbuildings for storage and other similar structures customary and incidental to

the permitted uses and authorized conditional uses,

2. Radio and television satellite receiving antennae (satellite dishes), provided that such satellite receiving

antennae larger than twenty four (24) inches in diameter shall be located in the side or rear yard only,

3. On-site signs, excluding billboards, related to permitted uses and approved conditional uses, all subject to

the regulations and requirements of Section 521 of this Ordinance,

4. Home occupations, in accordance with Section 515 of this Ordinance. Issuance of a building / zoning permit or certificate of zoning compliance shall not be required.

412.05 CONDITIONAL USES AND STRUCTURES:

After the provisions of Article 7 of this Ordinance relating to conditional uses have been met, the following uses may be allowed as conditional uses:

1. Public or private schools, colleges, and similar education facilities,

2. Public uses of an administrative or service nature including fire stations, administrative offices and

similar uses,

3. Electrical, natural gas and cable distribution substations, regulator stations, communications equipment buildings, storage or maintenance yards, buildings or administrative offices for such uses and communications, micro-wave, cellular communications or other towers in excess of thirty five (35) feet in height, ,

4. Hospitals,

5. Child care centers,

6. Institutional uses, including philanthropic and charitable uses,

7. Other uses, determined by the Planning Commission and City Council, to be comparable with the other uses permitted as conditional uses in this district, compatible with the uses permitted in the district and

consistent with the intent of this district.

412.06 PROHIBITED USES AND STRUCTURES:

All other uses and structures which are not specifically permitted or authorized as conditional uses shall be prohibited in this zoning district.

412.07 MINIMUM LOT AREA:

1. The minimum lot area for uses listed in Section 412.03 shall be unrestricted, provided that each lot shall

provide a marketable buildable area and all building(s) thereon shall comply with the minimum width,

yard, parking and loading areas, and maximum rear yard coverage requirements specified in this district.

2. The minimum lot area for conditional uses listed in Section 412.05 shall be the area appropriate to each

conditional use, as determined by the Planning Commission and City Council in the review and authorization of each conditional use in accordance with Article 7 of this Ordinance.

412.08 MINIMUM LOT WIDTH AND FRONTAGE:

1. The minimum lot width and frontage for uses listed in Section 412.02 shall be unrestricted, provided that each lot shall provide a marketable buildable area and all building(s) thereon shall comply with the minimum width, yard, parking area, and maximum rear yard coverage requirements specified in this district.

2. The minimum lot width and frontage for conditional uses listed in Section 412.04 shall be the area

appropriate to each conditional use, as determined by the Planning Commission and City Council in the review and authorization of each conditional use in accordance with Article 7 of this Ordinance.

412.09 MINIMUM YARD REQUIREMENTS:

The minimum yards or setbacks of any building from a property line or street right-of-way line shall be as follows, (Refer to Section 502 of this Ordinance for required minimum yard and setback regarding eaves, cornice overhangs, awnings, balconies, exceptions and the like):

1. Front Yard - Sixty (60) feet from a roadway designated on the City’s Major Street Plan as a Major Arterial

roadway (unrestricted right-of-way), Thirty five (35) feet from a roadway designated as a Major Arterial (restricted right-of-way), Minor Arterial roadway, or Collector roadway and twenty (20) feet from a roadway designated as a local roadway or frontage road.

For any non-residential use, a landscape buffer, as defined in Subsection 303.68 of this Ordinance, at least five (5) feet in depth shall be provided along and adjacent to the front property line.

For developed areas, as defined in Subsection 303.40 of this Ordinance, the required front yard shall be the average of the existing front yards, provided that in no event shall such front yard be less than twenty (20) feet, and further provided that where existing front yards exceed the required minimum front yard, the minimum front yard requirement shall apply.

2. Side Yard - For all uses permitted in this district as permitted or conditional uses, each side yard

shall be a minimum of ten (10) feet, provided that where a permitted or conditional use in

this district, other than a residential use abuts lot a residentially zoned lot on the side,

the minimum side yard on the side adjoining such lot shall be twenty (20) feet and a landscape screen, as defined in Subsection 303.69 of this Ordinance shall be installed on the property line or within the side yard. In determining the side yard for a use other than a residential use, which abuts a dedicated alley which, in turn, abuts a residential zoning district, such side yard may be measured to the centerline of the abutting alley.

For accessory buildings, the minimum side yard shall be six (6) feet from the side lot line to the nearest point of the accessory building, provided that such accessory buildings shall comply with all of the following restrictions:

A. Accessory buildings shall not be placed on any recorded easement.

B. The total accessory building or buildings shall not cover more than thirty (30)

percent of the rear yard.

C. The maximum height of any accessory building with a rear yard setback of less than ten (10) feet or a side yard setback of less than twenty (20) feet shall be limited to sixteen (16) feet.

3. Rear Yard - Twenty (20) feet, provided that where any use permitted outright or by conditional

use in this district, other than a residential use, abuts a residentially zoned lot to the rear, the minimum rear yard shall be thirty (30) feet and a landscape screen, as defined in Subsection 303.69 of this Ordinance shall be installed on the property line or within the side yard. In determining the rear yard for a use other than a than a residential use, which abuts a dedicated alley which, in turn, abuts a residential zoning district, such rear yard may be measured to the centerline of the abutting alley.

For accessory buildings, the minimum rear yard shall be six (6) feet, provided that accessory buildings shall comply with all requirements for accessory buildings as set forth in Subsection 2 immediately above

412.10 MAXIMUM HEIGHT:

The maximum height for any structure or building shall be fifty (50) feet, and the maximum height for all other buildings and structures shall be unlimited except for any applicable height restriction of the Airport Hazard Zone District regulations and any limitations of height imposed on any authorized conditional use.

412.11 OFF-STREET PARKING AND LOADING AREAS:

The minimum number of off-street parking spaces required for each use permitted outright or authorized as a conditional use in this district shall be in accordance with the requirements of Section 516 through 518 and Section 520 of this Ordinance.

SECTION 413 C - 1 CENTRAL BUSINESS DISTRICT

413.01 INTENT:

This district is intended to provide a commercial area for those establishments serving the general shopping, business service, financial and professional service needs of the trade area, in particular those establishments customarily oriented to the pedestrian shopper. The district is intended to preserve the central business area of the City as a primary shopping, service and governmental center while providing the flexibility of land uses and development standards to allow the central business area to adjust to changes in shopper preferences and the development of a tourist oriented center.

413.02 PERMITTED PRINCIPAL USES AND STRUCTURES:

1. Banks and similar financial service uses,

2. Retail sales of comparison and convenience goods,

3. Convenience stores and food service uses including grocery stores, delicatessens, meat markets, bakeries,

and restaurants, including outdoor restaurants and sidewalk cafes,

4. Personal and business service uses,

5. Professional service uses such as law, real estate brokerage, medical and dental offices,

6. Mortuaries and funeral parlors,

7. Indoor commercial recreation uses such as auditoriums, theaters, bowling alleys, billiard rooms, dance

studios, video game rental and game rooms,

8. Special service uses including day care centers, youth centers, senior and social centers,

9. Private clubs or lodges, philanthropic and charitable institution uses, athletic clubs, health studios,

10. Communications uses such as newspaper publishing uses, photocopying shops, radio and television

studios, telecommunication uses, but excluding exterior warehousing of any equipment or products,

11. Public service and governmental uses, excluding exterior warehousing of equipment or products,

12. Hotels, motels, bed and breakfast and similar uses catering to the traveling public and tourists,

13. Lounges, taverns and night clubs,

14. Off-street parking lots and structures,

15. Lumber yards, building supply, hardware and appliance stores,

16. Antique and craft stores,

17. Temporary uses in accordance with Section 523 of this Ordinance,

18. Below ground utility lines and above ground utility installations and structures including local distribution lines, cable, poles and appurtenances, below ground and above ground public utility water storage tanks,but excluding distribution substations, regulator stations, communications equipment buildings, storage or maintenance yards, buildings or administrative offices for such utilities and excluding communications, micro-wave, cellular communications or other towers in excess of thirty five (35) feet in height,.

413.03 PERMITTED ACCESSORY USES AND STRUCTURES:

1. Drive-thru service facilities,

2. Radio and television satellite receiving antennae (satellite dishes), provided that such satellite receiving

antennae larger than twenty four (24) inches in diameter shall be located in the side or rear yard or on the

roof only,

3. On-site signs, excluding billboards, related to permitted uses and approved conditional uses, all subject to

the regulations and requirements of Section 521 of this Ordinance,

4. Outdoor display of merchandise, provided such display shall not be interpreted as meaning the storage, stockpiling or warehousing of materials which are not immediately available for purchase,

5. Residential dwelling units on the second or higher floors,

6. Accessory uses and structures customarily associated with and incidental to the principal uses.

413.04 CONDITIONAL USES AND STRUCTURES:

After the provisions of Article 7 of this Ordinance relating to conditional uses have been met, the following uses may be allowed as conditional uses:

1. Automobile service stations,

2. Schools, colleges and similar private or public educational uses,

3. Other office, business and commercial service uses, determined by the Planning Commission and City Council, to be comparable with the other uses permitted as conditional uses in this district, compatible with the uses permitted in the district and consistent with the intent of this district.

413.05 PROHIBITED USES AND STRUCTURES:

All other uses and structures which are not specifically permitted or authorized as conditional uses shall be

prohibited in this zoning district.

413.06 MINIMUM LOT AREA:

No limitation

413.07 MINIMUM LOT WIDTH AND FRONTAGE:

No limitation

413.08 MINIMUM YARD REQUIREMENTS:

The minimum yards or setbacks of any building from a property line or street right-of-way line shall be as follows, (Refer to Section 502 of this Ordinance for required minimum yard and setback regarding eaves, cornice overhangs, awnings, balconies, exceptions and the like):

1. Front Yard - Zero (0) feet, except where the front yard of a use abuts an area zoned for residential use

where a minimum front yard of twenty (20) feet shall be required.

For developed areas, as defined in Subsection 303.40 of this Ordinance, the required front yard shall be

the average of the existing front yards, provided that in no event shall such front yard be less than zero

(0) feet, and further provided that where existing front yards exceed the required minimum front yard,

the minimum front yard requirement shall apply.

2. Side Yard - Zero (0) feet, except where the lot line abuts a residential zoning district the minimum side yard shall be twenty (20) feet and a landscape screen, as defined in Subsection 303.69 of this Ordinance shall be installed on the property line or within the side yard. In determining the side yard requirements such side yard may be measured to the centerline of any abutting alley which is dedicated for public use.

3. Rear Yard - Zero (0) feet, except where the lot line abuts a residential zoning district the minimum rear

yard shall be twenty (20) feet and a landscape screen, as defined in Subsection 303.69 of this Ordinance

shall be installed on the property line or within the rear yard. In determining the rear yard requirements

such rear yard may be measured to the centerline of any abutting alley which is dedicated for public use.

413.09 MAXIMUM HEIGHT:

The maximum height for any structure or building shall be fifty (50) feet, except for any applicable height restriction of the Airport Hazard Zone District regulations.

413.10 MAXIMUM LOT COVERAGE:

No limitation

413.11 OFF-STREET PARKING AND LOADING AREAS:

The minimum number of off-street parking spaces required for each use permitted or authorized as a conditional use shall be in accordance with the requirements of Section 516 through 520 of this Ordinance.

SECTION 414 C - 2 GENERAL COMMERCIAL DISTRICT

414.01 INTENT:

This district is intended primarily for application along the major highway corridors serving the City to provide areas for development of highway-oriented commercial uses offering goods and services to the motoring public and the development of general business uses.

414.02 PERMITTED PRINCIPAL USES AND STRUCTURES:

1. Uses permitted in the C-1 Central Business District, including the development of shopping centers and malls,

2. Sales, rental and display of automobiles, trucks, campers, recreational vehicles, manufactured homes, boats and agricultural equipment, provided that all servicing and maintenance shall be conducted entirely within enclosed buildings,

3. Automobile and tire service use, including auto or truck body repair uses when all repair work and related storage is conducted in completely enclosed buildings, but excluding the dismantling or salvaging

of vehicles or the storage of damaged or inoperable vehicles,

4. Recreational vehicle parks and campgrounds,

5. Commercial recreational facilities such a miniature golf courses, golf driving ranges, drive-in theaters,

riding stables, museums, bowling alleys and similar recreational uses,

6. Car and truck wash uses,

7. Special service uses such as model home displays and sales, building material sales, non-livestock auction

rooms, plant nurseries, greenhouses, monument sales and similar special service uses,

8. Animal feed and crop and garden seed sales uses,

9. Raising of crops, pasturing of livestock (in accordance with any other applicable City ordinances) and

other open space agricultural uses, but excluding agricultural production related grain bins and buildings

or the confined feeding of livestock,

10. Orchards, vineyards and associated wineries, including the retail sales of produce with the retail sales of food items, nursery stock and the sales of Christmas trees,

11. Wineries,

12. Churches, temples and similar religious uses, excluding buildings used all or in part as schools or for

(non-religious) education of youth where the education curriculum is similar to that of a public school,

13. Temporary uses in accordance with Section 523 of this Ordinance,

14. Below ground utility lines and above ground utility installations and structures including local distribution

lines, cable, poles and appurtenances, below ground and above ground public utility water storage tanks,

but excluding distribution substations, regulator stations, communications equipment buildings, storage or maintenance yards, buildings or administrative offices for such utilities and excluding communications, micro-wave, cellular communications or other towers in excess of thirty five (35) feet in height,.

414.03 PERMITTED ACCESSORY USES AND STRUCTURES:

1. Drive-thru service facilities,

2. Radio and television satellite receiving antennae (satellite dishes), provided that such satellite receiving

antennae larger than twenty four (24) inches in diameter shall be located in the side or rear yard or on the

roof only,

3. On-site signs, including billboards, related to permitted uses and approved conditional uses, all subject to

the regulations and requirements of Section 521 of this Ordinance,

4. Outdoor display of merchandise, provided such display shall not be interpreted as meaning the storage, stockpiling or warehousing of materials which are not immediately available for purchase,

5. Accessory uses and structures customarily associated with and incidental to the principal uses.

414.04 CONDITIONAL USES AND STRUCTURES:

After the provisions of Article 7 of this Ordinance relating to conditional uses have been met, the following uses may be allowed as conditional uses:

1. Animal hospitals, veterinary clinics and kennels,

2. Truck stops, including those with complete truck services,

414.05 PROHIBITED USES AND STRUCTURES:

All other uses and structures which are not specifically permitted or authorized as conditional uses shall be

prohibited in this zoning district.

414.06 MINIMUM LOT AREA:

1. The minimum lot area for uses listed in Section 414.02 shall be unrestricted, provided that each lot shall

provide a marketable buildable area and all building(s) thereon shall comply with the minimum width,

yard, parking and loading areas, and maximum rear yard coverage requirements specified in this district.

2. The minimum lot area for conditional uses listed in Section 414.04 shall be the area appropriate to each

conditional use, as determined by the Commission in its review and authorization of each conditional use

in accordance with Article 7 of this Ordinance.

414.07 MINIMUM LOT WIDTH AND FRONTAGE:

1. The minimum lot width and frontage for uses listed in Section 414.02 shall be unrestricted, provided that each lot shall provide a marketable buildable area and all building(s) thereon shall comply with the minimum width, yard, parking area, and maximum rear yard coverage requirements specified in this district.

2. The minimum lot width and frontage for conditional uses listed in Section 414.04 shall be the area appropriate to each conditional use, as determined by the Commission in its review and authorization

of each conditional use in accordance with Article 7 of this Ordinance.

414.08 MINIMUM YARD REQUIREMENTS:

1. Front Yard - Sixty (60) feet from a roadway designated on the City’s Major Street Plan as a Major Arterial

roadway (unrestricted right-of-way), thirty five (35) feet from a roadway designated as a Major Arterial roadway (restricted right-of-way), Minor Arterial roadway, or Collector roadway and twenty (20) feet from a roadway designated as a local roadway, access or frontage road.

A landscape buffer, as defined in Subsection 303.68 of this Ordinance, at least five (5) feet in depth shall be provided along and adjacent to the front property line.

2. Side Yard - The minimum side yard shall be Ten (10) feet where the lot line abuts another commercial

or industrial zoning district. Where the lot line abuts an agricultural, residential or residential-office district the minimum side yard shall be twenty (20) feet and a landscape screen, as defined in Subsection 303.69 of this Ordinance shall be installed on the property line or within the side yard. In determining the side yard requirements such side yard may be measured to the centerline of any abutting alley which is dedicated for public use.

3. Rear Yard - The minimum rear yard shall be ten (10) feet where the lot line abuts another commercial

or industrial zoning district. Where the lot line abuts an agricultural, residential or residential-office district the minimum side yard shall be thirty (30) feet and a landscape screen, as defined in Subsection 303.69 of this Ordinance shall be installed on the property line or within the rear yard. In determining the rear yard requirements such rear yard may be measured to the centerline of any abutting alley which is dedicated for public use.

414.09 MAXIMUM HEIGHT:

The maximum height for any structure or building shall be fifty (50) feet, except for any applicable height restriction of the Airport Hazard Zone District regulations.

414.10 MAXIMUM LOT COVERAGE:

No limitation

414.11 OFF-STREET PARKING AND LOADING AREAS:

SECTION 415 I - 1 LIGHT INDUSTRIAL DISTRICT

415.01 INTENT:

This district is established to provide areas for a limited range of industrial and certain commercial uses which are able to meet certain performance standards to protect nearby non-commercial and non-industrial uses from land use conflicts or undesirable environmental impacts and to protect such industrial and commercial uses from negative impacts from other commercial and industrial uses not able to meet the performance standards.

415.02 PERMITTED PRINCIPAL USES:

1. Wholesale, warehouse, distribution, storage and transfer businesses meeting the performance

requirements set forth in this I-1, Light Industrial District,

2. Engineering or research laboratories, vocational or industrial training schools and data processing uses,

3. Printing and lithography uses,

4. Light industrial uses including the manufacture, assembly, processing, fabrication, cleaning, testing or

refining of products, provided such uses meet the performance requirements set forth in this I-1, Light

Industrial District,

5. Cold storage and food locker establishments which meet the performance requirements set for in this I-1,

Light Industrial District,

6. Automobile and truck repair and service business, including automotive body and painting businesses

which meet the performance requirements set forth in this I-1, Light Industrial District,

7. Trade shops, including plumbing, heating and air conditioning, electrical , cabinetry, and similar service

trade uses which meet the performance requirements of this I-1, Light Industrial District,

8. Temporary uses in accordance with Section 523 of this Ordinance,

9. Billboards and similar off-site signs in accordance with the regulations of Section 521 of this Ordinance,

10. Below ground utility lines and above ground utility installations and structures including local

distribution lines, cable, poles and appurtenances, below ground and above ground public utility water

storage tanks distribution substations, regulator stations, storage or maintenance yards, buildings or administrative offices for such utilities and excluding communications equipment buildings, communications, micro-wave, cellular, communications or other towers in excess of thirty five (35) feet in height,.

11. Use permitted in the C-2, General Commercial zoning district.

415.03 PERMITTED ACCESSORY USES

1. General office and sales rooms, medical and recreational facilities and watchman quarters associated with the permitted uses,

2. Radio and television satellite receiving antennae (satellite dishes), provided that such satellite receiving

antennae larger than twenty four (24) inches in diameter shall be located in the side or rear yard or on the

roof only,

3. On-site signs related to permitted uses and approved conditional uses, subject to the regulations and

requirements of Section 521 of this Ordinance,

4. Accessory uses and structures customarily associated with and incidental to the principal uses.

415.04 CONDITIONAL USES AND STRUCTURES:

After the provisions of Article 7 of this Ordinance relating to conditional uses have been met, the following uses may be allowed as conditional uses:

1. Any use involving the storage, use or manufacture of hazardous or explosive materials beyond that typically required for normal housecleaning and maintenance activities,

2. Heliports,

3. Public service uses, including police and fire stations, offices, equipment maintenance buildings,and

similar public uses,

4. Garbage and refuse collection and disposal contractors and waste recycling operations which meet the

performance requirements of this I-1, Light Industrial District,

5. Electrical, natural gas, cable distribution substations, regulator stations, communications equipment buildings, communications, micro wave, cellular communications or other towers in excess of thirty five (35) feet in height, storage or maintenance yards, buildings or administrative offices for such utility uses, all subject to the applicable provisions of any Airport Hazard regulations,

6. Other industrial and commercial service uses, determined by the Planning Commission and City Council, to be comparable with the other uses permitted as conditional uses in this district, compatible with the uses permitted in the district and consistent with the intent of this district.

415.05 PROHIBITED USES AND STRUCTURES:

All other uses and structures which are not specifically permitted or authorized as conditional uses shall be prohibited in this zoning district.

415.06 PERFORMANCE STANDARDS:

All uses permitted in this zoning district shall at all times comply with the following performance standards:

1. All activities shall be conducted within entirely enclosed buildings including storage or warehousing of

raw materials or products produced.

2. Emission of gasses, odor, dust, smoke, noise, glare, heat or vibration detectable beyond the property line

of the site on which the use is located is prohibited.

3. Any waste materials produced on the premises shall be stored outdoors, provided such materials are stored

in containers which are not visible from the street(s) on which the use has frontage or access or any

abutting residential zoning district and such containers will avoid the blowing of waste material or the

attraction of insects or vermin.

415.07 MINIMUM LOT AREA:

1. The minimum lot area for uses listed in Section 415.02 shall be unrestricted, provided that each lot shall

provide a marketable buildable area and all building(s) thereon shall comply with the minimum width,

yard, parking and loading areas, and maximum rear yard coverage requirements specified in this district.

2. The minimum lot area for conditional uses listed in Section 415.04 shall be the area appropriate to each

conditional use, as determined by the Commission in its review and authorization of each conditional use

in accordance with Article 7 of this Ordinance.

415.08 MINIMUM LOT WIDTH AND FRONTAGE:

1. The minimum lot width and frontage for uses listed in Section 415.02 shall be unrestricted, provided that each lot shall provide a marketable buildable area and all building(s) thereon shall comply with the minimum width, yard, parking area, and maximum rear yard coverage requirements specified in this district.

2. The minimum lot width and frontage for conditional uses listed in Section 415.04 shall be the area

appropriate to each conditional use, as determined by the Commission in its review and authorization of each conditional use in accordance with Article 7 of this Ordinance.

415.09 MINIMUM YARD REQUIREMENTS:

The minimum yards or setbacks of any building from a property line or street right-of-way line shall be as follows, (Refer to Section 502 of this Ordinance for required modifications to minimum yard and setback regarding eaves, cornice overhangs, awnings, balconies, exceptions and the like):

1. Front Yard - Sixty (60) feet from a roadway designated on the City’s Major Street Plan as a Major Arterial

roadway (unrestricted right-of-way), thirty five (35) feet from a roadway designated as a Major Arterial roadway (restricted right-of-way), Minor Arterial roadway or Collector roadway, and twenty (20) feet from a street classified as a local roadway, access or frontage road. A landscape buffer, as defined in Section 303.68 of this Ordinance, at least five (5) feet in depth, shall be provided along and adjacent to the front property line.

2. Side Yard - The minimum side yard shall be ten (10) feet where the lot line abuts an agricultural,

commercial or industrial zoning district. Where the lot line abuts a residential zoning district the minimum side yard shall be twenty (20) feet and a landscape screen, as defined in Section 303.69 of this Ordinance shall be installed on the property line or within the side yard. In determining the side yard requirements such side yard may be measured to the centerline of any abutting alley which is dedicated for public use.

3. Rear Yard - The minimum rear yard shall be twenty (20) feet where the lot line abuts an agricultural,

commercial or industrial zoning district. Where the lot line abuts a residential zoning district the minimum rear yard shall be thirty (30) feet and a landscape screen, as defined in Section 303.69 of this Ordinance, shall be installed on the property line or within the rear yard. In determining the rear yard requirements such rear yard may be measured to the centerline of any abutting alley which is dedicated for public use.

415.10 MAXIMUM HEIGHT:

The maximum height for any structure or building shall be fifty (50) feet, except for any applicable height restriction of the Airport Hazard Zone District regulations and for uses located within one hundred (100) feet of any residential zoning district where such maximum height shall be thirty five (35) feet.

415.11 OFF-STREET PARKING AND LOADING AREAS:

SECTION 417 I - 2 INDUSTRIAL DISTRICT

416.01 INTENT:

This district is established to provide areas for a wide range of industrial and certain commercial uses which are able to meet certain performance standards to protect nearby non-commercial and non-industrial uses from land use conflicts or undesirable environmental impacts and to protect such industrial and commercial uses from negative impacts from other uses which would conflict with such industrial and commercial uses.

416.02 PERMITTED PRINCIPAL USES:

1. Any use permitted in the I-1, Light Industrial District,

2. Contractor’s and construction equipment storage yards,

3. Grain elevators, feed mills, alfalfa mills and similar agricultural product processing mills including

ethanol production plants, and related storage,

4. Power production plants and facilities,

5. Any manufacturing or other industrial use which can meet the performance standards set forth in this I-2

District and which is not listed as a conditional use or prohibited use in this I-2, Industrial District.

416.03 PERMITTED ACCESSORY USES

1. General office and sales rooms, medical and recreational facilities and watchman quarters associated with the permitted uses,

2. Radio and television satellite receiving antennae (satellite dishes), provided that such satellite receiving

antennae larger than twenty four (24) inches in diameter shall be located in the side or rear yard or on the

roof only,

3. On-site signs related to permitted uses and approved conditional uses, subject to the regulations and

requirements of Section 521 of this Ordinance,

4. Accessory uses and structures customarily associated with and incidental to the principal uses.

416.04 CONDITIONAL USES AND STRUCTURES:

After the provisions of Article 7 of this Ordinance relating to conditional uses have been met, the following uses may be allowed as conditional uses:

1. Any use involving the storage, use or manufacture of hazardous or explosive materials beyond that typically required for normal housecleaning and maintenance activities,

2. Heliports,

3. Public service uses, including police and fire stations, offices, equipment maintenance buildings, and

similar public uses,

4. Electrical, natural gas and cable distribution substations, regulator stations, communications equipment buildings, communications, micro wave, cellular communications or other towers in excess of thirty five (35) feet in height, storage or maintenance yards, buildings or offices for such utility uses, all subject to the applicable provisions of any Airport Hazard regulations,

5. Animal rendering, animal slaughtering plants, including curing and tanning plants,

6. Production of asphalt products, concrete, and other paving materials including recycling of these and

other construction materials,

7. Tar, tar paper and tar product manufacturing or processing,

8. Manufacture of chemicals, gases, poisons, insecticides and herbicides,

9. Storage, processing or salvaging of automobiles, trucks, agricultural or other equipment, scrap and junk

(junk or salvage yards),

10. Livestock auction barns and yards,

11. Bulk fuel, and fertilizer plants,

12. Sand, gravel, mineral, aggregate or production, screening, crushing, or processing operations,

13. Sanitary landfills, waste incinerators, solid waste recycling and composting operations,

14. Other industrial and commercial service uses, determined by the Planning Commission and City Council, to be comparable with the other uses permitted as conditional uses in this district, compatible with the usepermitted in the district and consistent with the intent of this district.

416.05 PROHIBITED USES AND STRUCTURES:

All other uses and structures which are not specifically permitted or authorized as conditional uses shall be

prohibited in this zoning district.

416.06 PERFORMANCE STANDARDS:

All uses permitted in this zoning district shall at all times comply with the following performance standards:

1. All activities, excluding those uses such as ethanol production plants, cracking plants, fertilizer production plants or similar uses which utilize production structures instead of buildings, not conducted within entirely enclosed buildings including storage or warehousing of raw materials or products produced shall be screened from view from any abutting property not included in an I-2, Industrial District in accordance with the requirements of Section 416.09 of this Ordinance.

2. Emission of gasses, odor, noise, glare, heat or vibration detectable beyond the property line of the site on which the use is located is prohibited.

3. Emission of dust or smoke beyond the property line of the site on which the use is located shall not be of

such quantity or concentration so as to cause injury, detriment, nuisance or annoyance to any considerable

number of persons or the public in general.

4. All activities involving the storage or salvaging of automobiles, trucks, agricultural or other equipment

and similar operations shall be screened from view from all adjoining streets and all abutting properties

not included in an I-2, Industrial District by an opaque fence or evergreen tree landscape screen and said

screen shall be maintained in good repair at all times.

5. Any waste materials produced on the premises shall be stored outdoors, provided such materials are stored

in containers which are not visible from the street(s) on which the use has frontage or access or any

abutting residential zoning district and such containers will avoid the blowing of waste material or the

attraction of insects or vermin.

416.07 MINIMUM LOT AREA:

1. The minimum lot area for uses listed in Section 416.02 shall be unrestricted, provided that each lot shall

provide a marketable buildable area and all building(s) thereon shall comply with the minimum width,

yard, parking and loading areas, and maximum rear yard coverage requirements specified in this district.

2. The minimum lot area for conditional uses listed in Section 416.04 shall be the area appropriate to each

conditional use, as determined by the Commission in its review and authorization of each conditional use

in accordance with Article 7 of this Ordinance.

416.08 MINIMUM LOT WIDTH AND FRONTAGE:

1. The minimum lot width and frontage for uses listed in Section 416.02 shall be unrestricted, provided that each lot shall provide a marketable buildable area and all building(s) thereon shall comply with the minimum width, yard, parking area, and maximum rear yard coverage requirements specified in this district.

2. The minimum lot width and frontage for conditional uses listed in Section 416.04 shall be the area

appropriate to each conditional use, as determined by the Commission in its review and authorization of

each conditional use in accordance with Article 7 of this Ordinance.

416.09 MINIMUM YARD REQUIREMENTS:

1. Front Yard - Sixty (60) feet from a roadway designated on the City’s Major Street Plan as a Major Arterial

roadway (unrestricted right-of-way), thirty five (35) feet from a roadway designated as a Major Arterial roadway (restricted right-of-way), Minor Arterial roadway or Collector and twenty (20) feet from a roadway designated as a local roadway, access or frontage road. A landscape buffer, as defined in Section 303.78 of this Ordinance, at least five (5) feet in depth shall be provided along and adjacent to the front property line.

2. Side Yard - The minimum side yard shall be ten (10) feet where the lot line abuts an agricultural,

commercial or industrial zoning district. Where the lot line abuts a residential zoning district the minimum side yard shall be fifty (50) feet and a landscape screen, as defined in Section 303.69 of this Ordinance shall be installed on the property line or within the side yard. In determining the side yard requirements such side yard may be measured to the centerline of any abutting alley which is dedicated for public use.

3. Rear Yard - The minimum rear yard shall be twenty (20) feet where the lot line abuts an agricultural,

commercial or industrial zoning district. Where the lot line abuts a residential zoning district the minimum rear yard shall be fifty (50) feet and a landscape screen, as defined in Section 303.69 of this Ordinance shall be installed on the property line or within the rear yard. In determining the rear yard requirements such rear yard may be measured to the centerline of any abutting alley which is dedicated for public use.

416.10 MAXIMUM HEIGHT:

The maximum height for any structure or building shall be one hundred (100) feet, except for any applicable height restriction of the Airport Hazard Zone District regulations and for uses located within three hundred (300) feet of any residential zoning district where such maximum height shall be forty (40) feet.

416.11 OFF-STREET PARKING AND LOADING AREAS:

SECTION 417 PUD PLANNED UNIT DEVELOPMENT DISTRICT

417.01 INTENT:

It is the intent of this district to provide considerably more land use and development flexibility than is possible through application of the zoning district regulations established by this Ordinance where such land uses and developments will not be contrary to the intent of this Ordinance, will be consistent with the City’s Comprehensive Plan and will be in the best interest of the City and the developer. Land uses and developments in this district shall be pre-planned, designed and coordinated so that the impacts of the development can be pre-determined. Development of affordable entry level and elderly housing and the encouragement of redevelopment of blighted or substandard areas within the City shall be particular objectives of this district, as well as the following:

1. To encourage more creative and cost effective land and building site planning and design by providing flexibility and cost-saving incentives for such development,

2. To encourage development of functional and aesthetically desirable open spaces,

3. To encourage the effective reutilization of by-passed land or land so poorly planned and developed as to be a detriment to the community,

4. To simplify the public review and approval process of development proposals.

417.02 APPLICATION:

The provisions of this zoning district shall apply only to a lot, tract or parcel of land one (1) acre or larger in size and, if a residential or mixed use development is proposed, such development shall include a minimum of four (4) dwellings.

417.03 PERMITTED USES:

The following uses shall be permitted in this zoning district:

1. Residential uses of all types, including non-commercial uses of a recreational, cultural, religious nature and commercial uses directly supportive of and sized to serve the proposed residential uses,

2. Commercial uses of all types which are compatible with each other and which are consistent with the Comprehensive Plan and the surrounding zoning,

3. Light industrial uses of all types which are compatible with each other and which are consistent with the

Comprehensive Plan and the surrounding zoning,

4. Mixed uses, including combinations of residential, commercial and light industrial uses which are

compatible with each other and which are consistent with the Comprehensive Plan and the surrounding

zoning.

417.04 MINIMUM REQUIREMENTS:

In authorizing of a planned unit development the Commission, in its review and recommendation and the City

Council in its review and authorization, may alter the yard, building setbacks, building height, building size, lot coverage, off-street parking and loading area, open space, landscaping and other regulations normally applicable in a zoning district, provided that in no event shall a use which is inconsistent with the Comprehensive Plan or other uses permitted in the zoning district in which the development is located, be authorized.

417.05 APPLICATION, REVIEW AND AUTHORIZATION PROCEDURE:

Authorization of a planned unit development shall be subject to the following:

1. The applicant(s) shall submit two (2) copies of a preliminary plan for any area proposed as a planned unit

development to the Zoning Administrator together with any application fee established for such

application. Such application shall be on forms provided by the Administrator and shall include the

following information:

A. A site plan, drawn to a scale not exceeding one hundred (100) feet per one (1) inch, indicating the

boundaries of the proposed development and the tentative arrangement of all lots, uses and their

locations, buildings, streets, open spaces, parking and loading areas, landscape buffering and

screening, sidewalks, common areas, recreation areas and other development elements which are

integral to the proposed development.

B. The number of dwelling units, commercial or industrial uses, the approximate total square footage

area of each type of use.

C. The proposed plans for handling vehicular and pedestrian access and circulation, surface drainage,

water supply and sanitary sewage.

D. An indication of the types of protective covenants designed to protect the integrity and stability of the

development together with an indication of how the ongoing financial capability for maintenance and

operation any common areas, private streets or other common use shall be provided.

E. A tentative indication of the order or phasing of the development and the estimated timing of the

development of each phase.

2. Within fifteen (15) days of submission of an application, the Zoning Administrator shall consult with the

applicant regarding the completeness of the application and any adjustments recommended to meet the

requirements of the Section. After such consultation, the applicant may make modifications to the

proposed plan and submit such revisions to the Zoning Administrator.

3. The Zoning Administrator shall cause the application to be filed with the Commission for consideration as a zoning amendment subject to the procedures applicable to amendment of the Official Zoning Map.

4. The Planning Commission, at public hearing, shall review the proposed application and shall decide

whether the proposed development is consistent with the Comprehensive Plan, is consistent with the uses

and intensity of use permitted in the zoning district in which the proposed development is located, and

is in the best interest of the City. Upon such determination, the Commission may approve the preliminary

plan as submitted, may require amendments to such plan or disapprove the plan. In approving any

preliminary plan, the Commission may attach any condition it deems appropriate to assure that the

proposed development will be consistent with the Comprehensive Plan, the underlying zoning district and

the best interest of the City. Upon action by the Commission to approve or deny the application, the

Commission shall forward its recommendation regarding the preliminary plan to the City Council.

5. The City Council, after public hearing, shall review the Commission’s recommendations regarding the

preliminary plan and shall act to approve such plan, approve such plan with amendments or conditions, or

deny such plan. If approved, the City Council shall communicate such approval and any amendments or

conditions of such approval to the Planning Commission. The Commission shall thereafter exercise

continuing jurisdiction of the planned unit development.

6. Prior to any development of the planned unit development, the applicant shall submit a detailed

development plan, specifying the exact boundaries of the development, all proposed buildings and uses,

the location, composition and engineering features of all lots, easements, surface drainage, water

and sewer improvements, recreational or other common use facilities, open spaces, parking and loading

areas, street locations, rights-of-way, design and specifications, landscape buffering and screening,

signage, site perimeter treatments, construction phases and other pertinent site development features, to

the Planning Commission for approval. In addition, the applicant shall submit all information regarding

restrictive covenants, the entity(s) to be established to operate and maintain any common areas or

common uses and together with details of how such entity(s) will develop and maintain the financial

capability to operate and maintain such common areas or uses.

7. Approval of the detailed site plan by the Commission shall be conditioned upon a finding by the

Commission by a properly approved motion by the Commission that the detailed site plan is consistent in

all respects with the approved preliminary plan and any conditions of approval thereof. If the detailed site

plan and related restrictive covenant, owner’s association or other entity and financial capability

information is found to be inconsistent with such approved preliminary plan, it shall be returned to the

applicant for modification to remove any inconsistencies found by the Commission. If such

inconsistencies are not removed, the Commission shall not approve a detailed site plan and shall not allow

the planned unit development to proceed.

8. In approving any detailed site plan, the Commission may attach any condition, including the reservation of land for any reasonable public purpose, to assure that the proposed planned unit development will continue to comply with the approved preliminary plan and to assure that the development is consistent with the Comprehensive Plan, the underlying zoning district and in the best interest of the City. Any required reservation of land for a public purpose shall provide that, if a governmental unit or agency thereof does not proceed with the acquisition of the reserved land within a period of two (2) years from the date of approval of a detailed site plan, said reservation shall terminate and the applicant may proceed to submit an application for an amendment to the planned unit development for the development and use of such previously reserved land.

9. An approved “detailed planned unit development site plan”, if it contains all information required under

the subdivision regulations of the City, may mean and be designated the same as a final plan, and shall in

all instances be recorded for public record in an appropriate plat book of Holt County , Nebraska in

accordance with the requirements of the subdivision regulations, provided such recording occurs within

two (2) years from the date of the Commission’s approval of such detailed site plan.

10. In the event a detailed site plan and related documents is not submitted for approval or approval is not

obtained within one (1) year from the date of City Council approval of the preliminary site plan or an

extension of time for such submission or approval has not been granted by the Commission, the

Commission shall initiate an amendment of the Official Zoning Map to eliminate the approved

preliminary site plan and return the land to the zoning district in which it is located.

11. No construction or installation in the approved planned unit development shall proceed until satisfactory

plans and specifications have been submitted and approved by the City and all construction shall be in

conformance with the approved detailed site plan.

12. In exercising it continuing jurisdiction of a planned unit development, the Commission may, from time to

time, authorize modifications to the approved detailed site plan in any manner which is consistent with

the approved preliminary site plan. The Commission shall take any appropriate enforcement action

against any deviations for the approved detailed site plan.

417.06 COVENANTS, OWNER ASSOCIATIONS, AND MAINTENANCE:

1. The Commission may require the establishment and recording of covenants for any reasonable purpose, including, but not limited to, imposing standards for development of property within a planned unit development. Such covenants and restrictions may include, but not be limited to, the following:

A. Lot Area,

B. Floor Area,

C. Ratios of floor area to land area,

D. Areas in which buildings and / or structures are not permitted,

E. Open space,

F. Setback lines and minimum building separation,

G. Maximum height of structures,

H. Signs,

I. Off-street parking and loading areas,

J. Design standards,

K. Building additions,

L. Accessory uses and structures,

M. Building, structure and open space maintenance,

N. Provisions empowering the owners of property within the planned unit development and the City to

enforce the covenants in the event of failure to do so by the developer or owner’s association.

2. In any planned unit development which contains open space, facilities, or utilities, owned and/or

maintained in common by the owners of property within such planned unit development or which

contains private streets, the Commission shall require that appropriate covenants and the creation of an

owner’s association or other similar entity be provided as an integral part of such planned unit

development to assure stability and longevity of the development. Said covenants and provisions

establishing an owner’s association or other similar entity shall:

A. Provide specific remedies in the event that common open space, facilities or utilities are permitted to

deteriorate or are not maintained in a condition consistent with the best interest of the property

owners within the development and the City as a whole and shall include the authority of the City to

take such remedial action as necessary to assure proper maintenance of such common open space,

facilities or utilities.

B. Provide for agreement of all owners of property within the planned unit development that if the

City is requested or required to perform maintenance activities on common open spaces, facilities,

utilities or private streets within the planned unit development, said owners shall pay costs thereof to

the City and that if not paid the same shall become a lien upon all applicable properties within such

planned unit development until such costs and interest thereon is paid in full.

C. Insure that the developer shall be responsible for creation of any owner’s association or other such

entity and shall remain a member of such association or other entity until all property within the

planned unit development is sold by the developer.

D. Insuring that any certificate of incorporation, declaration of covenants and restrictions, association

bylaws, contracts, agreements and the legal description of property within the planned unit

development shall be included in the deed or other instrument of conveyance on each lot or unit of

property and shall be made binding on all purchasers and lessees.

E. Provide legal assurances that any owner’s association or other similar entity shall be self-perpetuating

and shall have the authority to assess and collect assessments from owners of property within such

planned unit development for the purposes of properly maintaining any common open space,

facilities, utilities or private streets, parking areas and other commonly owned areas.

417.07 EXPIRATION OF PLANNED UNIT DEVELOPMENT APPROVAL:

Approval of any preliminary plan for a planned unit development shall expire two (2) years from the

date of approval of a preliminary site plan by the City Council if no detailed development plan has been

submitted or if no construction of the planned unit development has been initiated. In such event, the

Commission shall initiate an amendment of the Official Zoning Map to eliminate the approved

preliminary site plan and return the land to the zoning district in which it is located.

417.08 REZONING LIMITATION:

The Commission or City Council shall not initiate any amendment to this Zoning Ordinance concerning any

property included in an approved planned unit development before the completion of such planned unit development, provided such planned unit development is in conformity with the approved detailed site plan and all conditions attached thereto and construction of such planned unit development has been initiated within two (2) years.

SECTION 418 FHO FLOOD HAZARD OVERLAY DISTRICT

418.01 FLOOD HAZARD REGULATION AUTHORITY: Pursuant to Sections 31-1001 to 31-1022 R.R.S. 1943, the Mayor and City Council of the City of O'Neill, Nebraska are assigned the responsibility to adopt and enforce floodplain management regulations to protect the public health, safety and general welfare and the Mayor and City Council do hereby adopt, as part of the zoning regulations for O'Neill, Nebraska, the following regulations:

418.02 FINDINGS OF FACT:

1. FLOOD LOSSES RESULTING FOR PERIODIC INUNDATION: The flood hazard areas of O'Neill, Nebraska are subject to inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary 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 FLOOD LOSSES: These flood losses are caused by: (1) The cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and (2) The occupancy of flood hazard areas by uses vulnerable to floods or hazardous to others, which are inadequately elevated or otherwise unprotected from flood damages.

418.03 STATEMENT OF PURPOSE: It is the purpose of this Ordinance to promote the public health, safety and general welfare and to minimize those losses described in Section 418.02, Subsection A above by applying the provisions of this Ordinance 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 hazards.

4. Assure that eligibility is maintained for property owners in the areas of the City under the jurisdiction of this Ordinance to purchase flood insurance in the National Flood Insurance Program.

418.04 DEFINITIONS: The following definitions shall apply to this Section (Section 419) and when the following definitions are inconsistent with the definitions set forth in Section 303, the following definitions shall govern with regard to administration of these flood hazard area regulations:

1. Agricultural Commodities: Agricultural products and livestock,

2. Agricultural Structure: Any structure used exclusively in connection with production, harvesting, storage, drying, or raising of agricultural commodities,

3. Base Flood: A flood having a one (1) percent chance of being equaled or exceeded in any given year.

4. Basement: Any area of a building having its floor subgrade below ground level on all sides,

5. Development: 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,

6. Existing Manufactured Home Park or Subdivision: 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 pouring of concrete pads) is complete before the effective date of these floodplain management regulations,

7. Expansion of Existing Manufactured Home Park or Subdivision: The preparation of additional sites by 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 pouring of concrete pads),

8. Farm: A crop production, livestock production or other similar enterprise containing twenty (20) acres or more of land from which one thousand dollars ($1,000) or more of crop or meat products are produced each year,

9. Farm Building : Any non-residential building located on a farm, as defined above, which is utilized for agricultural purposes,

10. Flood: A general or temporary condition of parcel or complete inundation of normally dry land areas from; 1) the overflow of inland or tidal waters or 2) the unusual and rapid accumulation of runoff or surface waters from any source,

11. Flood Insurance Rate Map (FIRM): An official map of the City, on which the Administrator has delineated both the special flood hazard areas and the risk premium applicable to the City,

12. Floodplain: Any land area susceptible to being inundated by water from any source (see Item H above),

13. Floodproofing: Any combination of structural and non-structural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents,

14. Floodway: The channel of the 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 a designated height,

15. Historic Structure: Any structure that is; 1) listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register, 2) 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 of the Interior to qualify as registered historic district, 3) individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior, or 4) individually listed on a local inventory of historic places in communities / counties with historic preservation programs that have been certified either by an approved state program, as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.

16. Lowest Floor: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant 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 Ordinance.

17. Manufacture Home: A structure, transportable in one or more sections, 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",

18. Manufactured Home Park or Subdivision: A parcel (or contiguous parcels) of land divided into tow or more manufactured home lots for rent or sale,

19. New Construction: For floodplain management purposes, "new construction" shall mean structures for which the "start of construction" commenced on or after the effective date of these floodplain management regulations adopted by the City and shall include any subsequent improvements to such structures,

20. New Manufactured Home Park or Subdivision: 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 pouring of concrete pads) is completed on or after the effective date of these floodplain management regulations adopted by the City,

21. 100 Year Flood: The condition of flooding having a one (1) percent chance or annual occurrence,

22. Principally Above Ground: At least fifty-one (51) percent of the actual cash value of the structure is above ground,

23. Recreational Vehicle: A vehicle which; 1) is built on a single chassis, 2) contains four hundred (400) square feet or less when measured at the largest horizontal projection, 3) is designed to be self-propelled or permanently towable by a light duty truck, and 4) is designed primarily not for use as a permanent dwelling, but as a temporary living quarters for recreational, camping, travel, or seasonal use,

24. Regulatory Flood Elevation: The water surface elevation of the 100 year flood,

25. Special Flood Hazard Area: The land in the floodplain with a city subject to a one (1) percent or greater chance of flooding in any given year,

26. Start of Construction: Including substantial improvement and shall mean the date the zoning permit is issued, provided the actual construction, repair, reconstruction, rehabilitation, addition, placement or other improvement occurs within one hundred eighty (180) days of such permit issuance. The actual start means the first placement or permanent construction of a structure on the 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 shall not include land preparation, such as clearing and filling, nor shall it include the installation of streets and/or other walkways, nor shall it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms, nor shall it include 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,

27. Structure: A walled and roofed building that is principally above ground, as well as manufactured home, and a gas or liquid storage tank that is principally above ground.

28. Substantial Damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to it before-damage condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred,

29. Substantial Improvement: Any reconstruction, rehabilitation, addition, or other improvement of structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before "start of construction" of the improvement. This shall include structures which have incurred "substantial damage" regardless of the actual repair work performed. The term shall not, however, include either 1) any project for improvement of a structure to correct existing violations of state or local health, safety, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or 2) any alteration of a "historic place", provided that the alteration shall not preclude the structure's continued designation as a "historic structure",

30. Variance: A grant of relief to a person from the terms of this floodplain management regulation,

31. Violation: The failure of a structure or other development to be fully compliant with these floodplain management regulations.

418.05 LOCAL ADMINISTRATOR RESPONSIBILITIES: The Zoning Administrator hereby is assigned these added responsibilities and is authorized and directed to enforce all of the provisions of these flood hazard regulations and all other ordinances of the City of O'Neill , Nebraska now in force or hereafter adopted, related to zoning, subdivision regulation or building codes. The Zoning Administrator shall be appointed to these additional responsibilities by adoption of this Ordinance and his/her appointment shall continue during good behavior and satisfactory service. During temporary absence or disability of the Zoning Administrator, the Mayor shall designate an acting administrator to administer these regulations.

418.06 DESIGNATION OF CURRENT FLOOD HAZARD BOUNDARY MAP (FHBM) / FLOOD INSURANCE RATE MAP (FIRM): Until a Flood Hazard Boundary Map / Flood Insurance Rate Map has been published, any development (zoning) permit shall not be issued except in compliance with these flood hazard regulations. In determining those areas such to flood hazard, soil survey and other published data shall be utilized. Further, when such Flood Hazard Boundary Maps / Flood Insurance Rate Maps have been published, such maps shall be automatically designated as the official maps to be used in determining those areas of flood hazard.

418.07 PERMITS 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 zoning permit for development as defined in this Ordinance.

1. Within flood hazard areas, zoning permits are required for all new construction, substantial improvements and other developments, including the placement of any farm building or manufactured home.

2. APPLICATION: To obtain a zoning permit, the applicant shall first file an application therefore in writing on a form furnished by City of O'Neill , Nebraska . Every such application shall:

A. Identify and describe the development to be covered by the floodplain development permit for which

application is made.

B. Describe the land on which the proposed development is to be done by lot, block, tract, house and

street number or similar description which will readily identify and definitely locate the proposed building or development.

C. Indicate the use or occupancy for which the proposed development is intended.

D. Be accompanied by plans and specifications for the proposed construction.

E. Be signed by the permittee or his/here authorized agent who may be required to submit evidence to indicate such authority.

F. Within designated floodplain areas, be accompanied by elevations of the lowest floor, including basement, or in the case of floodproofed non-residential structures, the elevation to which it shall be floodproofed. Documentation or certification of such elevations will be maintained by the Zoning Administrator.

G. Give such other information as reasonably may be required by the Zoning Administrator (i.e., require a written statement from the applicant that they are aware that elevating or floodproofing structures above minimum levels will result in premium reduction for flood insurance, especially in the case of non-residential floodproofing when a minus one (-1) foot penalty is assessed at the time of rating the structure for the policy premium.)

418.08 ZONING PERMIT APPLICATIONS REVIEW: The Zoning Administrator shall review all zoning permit applications to determine if the site of the proposed development is reasonably safe from flooding and that all necessary permits have been received as required by Federal or State Law. In reviewing all applications for new construction, substantial improvements, prefabricated buildings, placement of manufactured homes and other developments as defined in this Ordinance in flood hazard areas, the Zoning Administrator shall:

1. Obtain, review and reasonably utilize, if available, any regulatory flood elevation data and floodway data available from Federal, State, or other sources, until such other data is provided by the Federal Insurance Administration in a Flood Insurance Study, and require within flood hazard areas that the following performance standards be met:

A. Until a floodway is designated, no development or substantial improvement may be permitted within

the identified floodplain unless the applicant has demonstrated that the proposed development or

substantial improvement, when combined with all other existing and reasonably anticipated

developments or substantial improvements, will not increase the water surface elevation of the 100

year flood more than one (1) foot at any location.

B. New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated at least one (1) foot above the base flood elevation.

C. New construction or substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated at least one (1) foot above the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below such a 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 hydrodynamic loads and effects of bouyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the Zoning Administrator.

D. New construction or substantial improvements of any type shall be such that fully enclosed areas below the lowest floor that area 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 (1) square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one (1) foot above grade. Openings may be equipped with screens, louvers, or other coverings or devices, provided that such devices permit the automatic entry and exit of floodwaters.

1) Require the use of construction materials that are resistant to flood damage.

2) Require the use of construction methods and practices that will minimize flood damage.

3) Require that new structures be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of bouyancy.

4) New structures be constructed with electrical, heating, ventilation, plumbing and air

conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

5) Assure that all manufactured homes shall be anchored to resist flotation, collapse, or lateral movement. Manufactured homes must be anchored in accordance with State Laws, local building codes, Manufacturers specifications and Federal Emergency Management Agency 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:

a. Over-the-top ties be provided at each of the four (4) corners of the manufactured home with two (2) additional ties per side at the intermediate locations and manufactured homes less than fifty (50) feet long requiring one (1) additional tie per side.

b. Frame ties be provided at each corner of the home with five (5) additional ties per side at intermediate points and manufactured homes less than fifty (50) feet long requiring one (1) additional tie per side.

c. All components of the anchoring system shall be capable of carrying a force of four thousand eight hundred (4,800) pounds.

d. Any additions to manufactured homes shall be similarly anchored.

6) Assure that all manufactured homes that are placed or substantially improved within a flood hazard areas on sites:

a. Outside of a manufactured home park or subdivision,

b. In a new manufactured home park or subdivision,

c. In an expansion to an existing manufactured home park or subdivision, or

d. 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 elevated at least one (1) foot above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of Section 5, immediately above.

7) Assure that manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within a flood hazard areas that are not subject to the provisions of Section 6, immediately above, be elevated so that either:

a. The lowest floor of the manufactured home is at least one (1) foot above the base flood elevation, or

b. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty six (36) inches in height above grade and be securely anchored to an adequately anchored foundation system in accordance with the provisions of Section 5, immediately above.

8) Require that recreational vehicles placed on sites within the identified flood hazard areas either (1)

be on the site for fewer than one hundred eighty (180) consecutive days, (2) be fully licensed and ready for highway use, or (3) meet the permit requirements and the elevation and anchoring requirements for manufactured homes of this Ordinance. A recreational vehicle is ready for highway use if it is on wheels or jacking system is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.

418.09 SUBDIVISION REVIEW: The Planning Commission and Mayor and City Council shall review the plans of any proposed subdivision of land where all or a portion of such land is located in a flood hazard area and shall make findings of fact that:

1. All proposed developments are consistent with the need to minimize flood damage.

2. Subdivision proposals and other proposed new developments (including proposals for manufactured home parks and subdivisions) greater than five (5) acres or fifty (50) lots, whichever is lesser, shall include within such proposals the regulatory flood elevation data when in special flood hazard areas.

3. Adequate drainage is provided so as to reduce exposure to flood hazards.

4. All public utilities and facilities are located so as to minimize or eliminate flood damage.

In its review of such subdivisions, the Mayor and City Council may require modifications to the subdivision design to minimize flood hazards and assure that all developments within the subdivision comply with these flood hazard regulations.

418.10 WATER AND SEWAGE SYSTEMS: New and replacement water and sewage systems shall be constructed to eliminate or minimize infiltration by, or discharge into floodwaters. Moreover, on-site waste disposal systems shall be designed to avoid impairment or contamination during flooding.

418.11 STORAGE OF MATERIAL AND EQUIPMENT: The storage or processing of materials that are, in time of flooding, bouyant, flammable, explosive, or could be injurious to human, animal or plant life is prohibited. Storage of other material 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.

418.12 AGRICULTURAL STRUCTURES: Structures used solely for agricultural purposes in connection with the production, harvesting, storage, drying or raising of agricultural commodities, including the raising of livestock, may be constructed at grade and wet-floodproofed provided there is no human habitation or occupancy of the structure; the structure is of single-wall design; there is no permanent retail, wholesale or manufacturing use included in the structure; a variance from the floodplain management requirements of this Section 419 of this Ordinance has been granted; and a floodplain development (zoning) permit has been issued.

418.13 FLOOD CARRYING CAPACITY WITHIN ANY WATERCOURSE: The Mayor and City Council shall ensure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. The Mayor and City Council shall notify, in riverine situations, adjacent communities and the Nebraska Natural Resources Commission, prior to any alteration or relocation of a watercourse, and submit copies of such notifications to the Federal Emergency Management Agency. Moreover, the Mayor and City Council shall work with appropriate State and Federal agencies in every way possible in complying with the National Flood Insurance Program in accordance with the National Disaster Protection Act of 1973.

418.14 VARIANCE PROCEDURES: The O'Neill, Nebraska Board of Adjustment, as established by the Mayor and City Council shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determinations made by the Planning and Zoning Administrator in the enforcement of these flood hazard regulations and requests for variances from the requirements of these flood hazard regulations. Any person aggrieved by the decision of the Board of Adjustment or any taxpayer may appeal such decision to the District Court as provided in Section 23-168, R.R.S., 1943.

1. CONDITIONS FOR VARIANCE:

A. Generally, a variance may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size which is contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing Subsections 2 through 6 immediately below have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for authorizing a variance shall be increased.

B. 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.

C. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief from any undue hardship.

D. Variances shall only be authorized upon:

1) a showing of good and sufficient cause;

2) a determination that failure to authorize a variance would result in exceptional hardship to the applicant;

3) a determination that authorizing 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 other applicable laws or Ordinances.

E. The applicant shall be given written notice over the signature of the Zoning Administrator that:

1) the authorization of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage, and

2) such construction below the base flood level increases risks to life and property.

A copy of such signed notification shall be maintained with the record of all such variances, as required by this Ordinance.

F. In authorizing any variance to these flood hazard regulations, the Board of Adjustment shall consider all technical data and all relevant factors and standards specified in this Ordinance, including:

1) the danger that materials may be swept onto other lands to the injury of others;

2) the danger to life and property due to flooding or erosion damage;

3) the susceptibility of any proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

4) the importance of services provided by the proposed facility to the City;

5) the necessity to any facility of a waterfront location, where applicable;

6) the availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

7) the compatibility of the proposed use with existing and anticipated development;

8) the relationship of the proposed use to the Comprehensive Plan;

9) the safety of access to the property in times of flood for ordinary and emergency vehicles;

10) the expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site, and

11) the costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sanitary sewers, gas, electrical and water systems and road and bridges.

2. CONDITIONS FOR APPROVING VARIANCES FOR AGRICULTURAL STRUCTURES:

Any variance granted for an agricultural structure shall be decided individually, based on a case by case analysis of the building's unique circumstances. Variances granted shall meet the following criteria, as well as those criteria and conditions set forth in this Section of this Ordinance.

In order to minimize flood damages during a 100 year flood and the threat to public health and safety, the following conditions shall be included for any variance issued for agricultural structures that are constructed at grade and wet-floodproofed:

A. All agricultural structures considered for a variance from these floodplain management regulations shall demonstrate that the varied structure is located in wide, expansive floodplain areas and no other alternative location outside of the special flood hazard area exists for such structure. Residential structures, such as farm houses, cannot be considered agricultural structures.

B. Use the varied structure(s) shall be limited to agricultural purposes only in Zone A only, as identified on the City's Flood Insurance Rate Map (FIRM).

C. For any new or substantially damaged agricultural structure(s), the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring etc.) below the base flood elevation, shall be built with flood-resistant materials in accordance with this Ordinance.

D. The agricultural structure(s) must be adequately anchored to prevent floatation, collapse, or lateral movement of the structure(s) in accordance with the requirements of this Ordinance. All of the buildings structural components shall be capable of resisting specific flood-related forces including hydrostatic, buoyancy and hydrodynamic and debris impact forces.

E. Any mechanical, electrical, or other utility equipment shall be located above the base flood elevation or floodproofed so that they are contained within a watertight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with the requirements of this Ordinance.

F. The agricultural structure(s) shall meet all National Flood Insurance Program (NFIP) opening requirements. The NFIP requires that enclosure or foundation walls, subject to a 100 year flood, contain openings that will permit the automatic entry and exit of floodwaters in accordance with the requirements of this Ordinance.

G. The agricultural structure(s) shall comply with the floodplain management floodway encroachment provisions of this Ordinance. No variance may be issued for agricultural structure(s) within any designated floodway, if any increase in floodway elevation would result during a 100 year flood.

H. Major equipment, machinery or other contents must be protected from any flood damage.

I. No disaster relief assistance under any program administered by any Federal agency shall be paid for any repair or restoration costs of the agricultural structure(s). The City shall notify the applicant in writing over the signature of the Zoning Administrator that 1) the issuance of a variance to construct a structure below the base 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 risk to life and property. Such notification shall be maintained with the record of all variance actions as required by this Ordinance.

J. Wet-floodproofing construction techniques shall be reviewed and approved by the City and a registered professional engineer or architect prior to the issuance of any zoning permit for development in the floodplain and the cost associated with such review shall be borne by the applicant.

418.15 INTERPRETATION: In their interpretation and application, the flood hazard provisions of the Ordinance shall be held to be minimum requirements and shall be construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by Nebraska Statutes.

418.16 WARNING AND DISCLAIMER OF LIABILITY: The degree of flood protection required by this Ordinance is considered reasonable for regulatory purposes and is based upon 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 Ordinance does not imply that areas outside floodplain boundaries or land use permitted within floodplain areas will be free from flooding or flood damage. This Ordinance shall not create liability on the part of O'Neill, Nebraska or any officer or employee thereof for any flood damages that may result from reliance on this Ordinance or any administrative decision lawfully made thereunder.

418.17 PENALTIES FOR VIOLATION: The penalties for violation of these flood hazard regulations shall be the same as set forth in Section 1202 of this Ordinance.

418.18 ABROGATION AND GREATER RESTRICTION: It is not intended by these flood hazard regulations to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where these regulations impose greater restrictions, the restrictions of these regulations shall prevail. All other ordinances inconsistent with these regulations are hereby repealed to the extent of the inconsistency only.

SECTION 419 AHO AIRPORT HAZARD OVERLAY DISTRICT

419.01 INTENT: This district is established as an overlay district for application over any primary zoning district within three (3) statute miles in all directions from the adjacent boundaries of the O'Neill Municipal Airport which are within the planning and zoning jurisdictional area of the City of O'Neill, Nebraska and is intended to prevent airport hazards and protect the public investment and utility of the airport.

419.02 HAZARD AREA DESCRIPTION: The airport hazard area consists of Operation Zones, Approach Zones, Turning Zones and Transitional Zones. The outer boundary of the hazard area is composed of a series of connected tangents and simple curves which also constitute the outer boundaries of the Approach and Turning Zones. The inner boundary of the hazard area is a boundary line consisting of a series of intersecting tangents five hundred (500) feet from and parallel to the centerline of the instrument runway or landing strip and two hundred fifty (250) feet from and parallel to the respective centerlines of all other runways or landing strips and connecting the inner boundaries of adjacent Approach Zones at the ends of the runways, landing strips or proposed runways or landing strips.

419.03 ZONE DESCRIPTIONS:

1. The Operation Zones shall be located along each existing or proposed runway, landing strip or other portion of the airfield used regularly, or to be used regularly, for the land or taking off of airplanes and shall begin or end at each end of each landing strip and two hundred (200) feet beyond the end of each runway and shall be one thousand (1,000) feet in width for each instrument runway or landing strip and five hundred (500) feet in width for all other runways and landing strips.

2. The Approach Zones shall begin at the ends of their respective Operation Zones and shall extend and expand uniformly centered along the extended centerline of the respective runway or landing strip, to the outer boundary of the Approach Zone at a rate of thirty (30) feet of width for each one hundred (100) feet of horizontal length for the instrument runway or landing strip and twenty (20) feet of width for each one hundred (100) feet of horizontal length for all other runways.

The Inner Area of each Approach Zone shall be that portion of the Approach Zone beginning at the end of the respective or proposed Operation Zone and extending to the intersection of the controlling glide angle with a plane one hundred fifty (150) feet above the highest elevation of the end of the respective runway or landing strip.

The Outer Area of each Approach Zone shall be the area between the outer limit of the Inner Area of the Approach Zone and the outer limit of the Approach Zone.

3. The Transition Zones shall be the areas bounded by the Operation Zones of the hazard area, the sides of contiguous inner areas of the Approach Zones and the outer limits of the Transitional Zones; said outer limits of the Transitional Zones being the intersections, at elevations of one hundred fifty (150) feet above the highest elevation at the ends or edges of the closest runway or landing strip, or proposed runway or landing strip, of a series of contiguous planes originating from bases established by the Operation Zones of the hazard area and the edges of adjacent inner areas of Approach Zones; said planes rising from their respective bases along lines perpendicular to the centerline of the runway or landing strip at the rate of one (1) foot vertically to seven (7) feet horizontally to the lines of intersection previously referred to.

4. The Turning Zones shall comprise all portions of the hazard area not contained in the Operation Zones, Approach Zones and in the Transitional Zones. The outer limits of the Turning Zones shall be a series of points forming a line which is the horizontal distance of three (3) statute miles from the nearest points along the airport boundary lines.

419.04 HEIGHT RESTRICTIONS: No building, transmission line, communication line, pole, tree, smokestack, chimney, wires, tower or other structure or appurtenance thereto of any kind or character shall hereafter be erected, constructed, repaired or established, nor shall any tree or other object of natural growth be allowed to grow:

1. In Inner Areas of Approach Zones to a height above the elevation of the nearest point on the end or proposed end of said instrument runway or landing strip in excess of one-fiftieth (1/50), and all other runways or landing strips in excess of one-fortieth (1/40) of the distance from the end of the Approach Zone ( the end nearest the runway or landing strip) to said structure or object.

2. In the Outer Area of the Approach Zones and in Turning Zones to a height in excess of one hundred fifty (150) feet above the elevation at the end or proposed end of the nearest runway or landing strip.

3. In the Transition Zones to a height above the planes forming the transition slopes; and

4. In the existing or proposed Operation Zones to a height above the existing or proposed finished grade of said runways or landing strips or surface of the ground.

419.05 LOCATION SKETCH AND ZONING MAP: The boundaries, Operation Zones, Approach Zones, Transition Zones and Turning Zones of the O'Neill, Nebraska Municipal Airport , John L. Baker Field are as indicated on Zoning Map Drawing No. ZN-ON-03, which accompanies and is hereby made a part of these regulations, a copy of which shall at all times be on file in the office of the City Clerk of the City of O'Neill , Nebraska .

419.06 PERMIT REQUIRED, EXCEPTIONS, APPLICATION FORMS AND PERMIT FEES

1. PERMIT REQUIRED: It shall hereafter be unlawful to erect, construct, reconstruct, repair or establish any building, transmission line, communication line, pole, tree, smoke-stack, chimney, wires, tower or other structure or appurtenance thereto of any kind or character or to plant or replant any tree or other object of natural growth within the boundary of the zoned area of the O'Neill Municipal Airport without first obtaining a zoning / building permit from the Zoning Administrator.

2. EXCEPTIONS: In the outer area of Approach Zones and within Turning Zones, no such permit shall be required for construction of planting which is no higher than seventy-five (75) feet above the elevation of the end of the nearest runway or landing strip, except for any permits required by other sections of this Ordinance.

3. APPLICATION FORMS: Application for a zoning / building permit as required under these regulations shall be made upon a form or forms to be available in the office of the Zoning Administrator and shall indicate the approximate location, ground elevation with reference to the elevation at the end of the nearest runway or landing strip and height of the proposed structure or planting.

4. PERMIT FEES: The fee for each zoning / building permit shall be the normal fee charged by the City plus two dollars ($2.00) and said additional two dollars ($2.00) shall be paid to the City Treasurer who shall deposit said additional fees into the Airport Revenue Fund.

419.07 NON-CONFORMING USES AND STRUCTURES: Within the zoned airport hazard area as hereinbefore defined, no non-conforming building, transmission line, communication line, pole, tree, smokestack, chimney, wires, tower or other structure or appurtenance thereto of any kind or character or object of natural growth shall hereafter be replaced, substantially reconstructed, repaired, altered, replanted or allowed to grow, as the case may be, to a height which constitutes a greater hazard to air navigation than existed before these regulations where adopted; nor above the heights permitted by these regulations if such structures or objects of natural growth have been torn down, destroyed, have deteriorated or decayed to an extent of eighty (80) percent or more of their original condition, or abandoned for a period of twelve (12) consecutive months or more. Transmission lines and communication lines as referred to in these regulations shall be interpreted to mean all poles, wires, guys and all other equipment necessary for the operation and maintenance of same within the airport hazard zone.

419.08 MARKING OF NON-CONFORMING STRUCTURES: Whenever the Zoning Administrator shall determine, or shall be notified by the Joint Airport Zoning Board or the Nebraska Department of Aeronautics, that a specific non-conforming structure or object exists and has existed prior to the passage of these regulations and within the airport hazard zoned area hereinbefore described at such a height or in such a position as to constitute a hazard to the safe operation of aircraft landing at or taking off from said airport, the owner or

owners and the lessor or lessors of the premises on which such structure or object is located shall be notified in writing by the Zoning Administrator and shall, within a reasonable time, permit the marking thereof by suitable lights or other signals designated by the Zoning Administrator as is based on recommendations of the Nebraska Department of Aeronautics. The cost of such marking shall not be assessed against the owner or lesser of said premise.

419.09 ADMINISTRATIVE AGENCY: The Zoning Administrator of the City of O'Neill, Nebraska shall administer and enforce these regulations, and shall be the administrative agency provided for in Section 3-319, R.R.S. 1943, and shall have all the powers and perform all the duties of the administrative agency as provided by the Airport Zoning Act, until otherwise ordered by the O'Neill, Nebraska Joint Airport Zoning Board.

419.10 BOARD OF ADJUSTMENT: The Board of Adjustment of the City of O'Neill , Nebraska shall be the Board of Adjustment with respect to these regulations, to have and to exercise the powers conferred by Section 3-320, R.R.S. 1943, and such other powers and duties as are conferred and imposed by law.

419.11 CONFLICTS: In the event of any conflict between these airport hazard regulations and any other regulations established by this or other ordinances, whether the conflict be with respect to the height of structures or trees, the use of land or any other matter, the more stringent or restrictive limitation shall govern and prevail.

SECTION 420 WPO WELLHEAD PROTECTION OVERLAY DISTRICT

420.01 INTENT: The intent of this district is to provide the City of O'Neill with the ability to protect the municipal water supply from contamination, as much as possible, through the regulation of land uses which have the potential for contamination of the groundwater source(s) from which municipal wells derive water.

420.02 PREREQUISTE REQUIREMENTS FOR APPLICATION OF THIS DISTRICT: Prior to the application of this district to any lands in the City of O'Neill or its one (1) mile jurisdictional area, the City shall first comply with all other requirements of the Wellhead Protection Areas Act (Neb. Rev. Stat. 46-1501 through 46-1509). This requirements include the following:

1. Delineation of the Wellhead Protection Area based upon a twenty (20) year time of travel recharge zone,

2. Approval of such Wellhead Protection Area by the Nebraska Department of Environmental Quality,

3. Completion and mapping of an inventory of potential contamination sources within the Wellhead Protection Area,

4. Formulation of emergency / contingency / long-range plans in the event of disruption of supply of water from the wells in the Wellhead Protection Area,

5. Formulation of and ability to implement an on-going Public Involvement / Education Program to permit public comment in the establishment of the Wellhead Protection Program and to provide information to the public regarding the program and voluntary cooperation with said program,

6. Development of a program to install and maintain Wellhead Protection Area signs on roadways around the Wellhead Protection Area,

420.03 LIMITATION ON APPLICATION OF THIS DISTRICT: This district may be applied only to Wellhead Protection Areas officially approved by the Nebraska Department of Environmental Quality. In the event the boundaries of any such officially approved Wellhead Protection Areas do not follow easily identifiable boundaries such as roads, rivers, creeks, section, quarter section or quarter-quarter section lines, the boundaries of such area shall be expanded to the nearest such lines to avoid confusion and added administrative costs associated with in-the-field determination of such boundaries.

420.04 Amendment of Official County Zoning Map: Whenever the requirements of Section 420.02 of this Ordinance have been complied with, and the Planning Commission and City Council have conducted public hearings regarding application of this overlay zoning district in accordance with Article 10 of this Ordinance and the City Council has acted to approve the application of a wellhead protection overlay district, the boundaries of such wellhead protection area (overlay zoning district), defined in accordance with Section 420.03 above, shall be indicated on the O'Neill, Nebraska Official Zoning Map and such map shall be signed in accordance with the requirements of Section 404 of this Ordinance.

420.05 Allowable, Permitted and Accessory Uses and Structures: Any use or structure indicated as an allowable use, permitted use or accessory use in the primary zoning district(s) on which this wellhead protection overlay district is overlain, shall be allowed or permitted in accordance with the zoning permit requirements set forth in such primary zoning district(s), except when specifically prohibited in Section 420.07 of this Ordinance and except when an otherwise allowable, permitted or accessory use is listed as a conditional use in Section 420.08 of this Ordinance. All such allowable, permitted and accessory uses shall comply with the additional wellhead protection restrictions set forth in Section 420.08 of this Ordinance.

420.06 Conditional Uses: Any use listed as a conditional use in the primary zoning district(s) on which this wellhead protection overlay district is overlain, except the uses specifically prohibited in Section 420.07 of this Ordinance, may be authorized as a conditional use in accordance with the requirements and procedures specified in Article 7 of this Ordinance, provided the authorization of any conditional shall comply with the additional wellhead protection restrictions set forth in Section 420.08 of this Ordinance.

420.07 Prohibited Uses and Structures: Uses and structures, which are prohibited in the primary zoning district(s) on which this district is overlain, shall be prohibited and, regardless of whether prohibited in the primary zoning district(s), the following uses and structures shall be specifically prohibited on any land area on which this wellhead protection overlay district is applied:

1. Confined or intensive animal feeding uses and associated waste handling facility uses,

2. Landfills and refuse recycling centers.

420.08 Wellhead Area Protection Requirements: The following restrictions shall apply to all uses within any land areas on which this Wellhead Protection Overlay District is applied:

1. Storage of gasoline, diesel fuel, fuel oil or other similar fuels, whether on a farm or ranch or in association with another land use, shall comply with the rules and regulations of Titles 126 and 159, administered by the Nebraska Department of Environmental Quality or other responsible agency or department. Storage of gasoline, diesel fuel, fuel oil or other similar fuels, whether on a farm or ranch or other land area, in excess of one thousand one hundred (1,100) gallons shall be prohibited.

2. Fuel storage associated with any irrigation well engine shall be equipped with a containment area in accordance with the National Fire Protection Association Code 30 and with Title 126, administered by the Nebraska Department of Environmental Quality, in the event of a fuel release.

3. Fuel storage, except when associated with a commercial or industrial use, except for any fuel storage associated with any irrigation well engines (Item 2 above) shall not be permitted within one thousand (1,000) feet of any well protected under this wellhead protection overlay district.

4. Storage of fertilizers, herbicides, pesticides and other materials, determined by the United States Environmental Protection Agency to be hazardous materials, shall be prohibited, except when a conditional use for such use is authorized and such authorization includes a condition that all such uses shall comply with the applicable rules and regulations of Title 118, 121, 126, 128, 159 and 198, administered by the Nebraska Department of Environmental Quality and other agencies.

5. No septic tank, tile field or other on-site sewage disposal system, associated with any residential, commercial, industrial or other type of land use, shall be located within one thousand (1,000) feet of any well protected under this wellhead protection overlay district, provided that if a lot of record, as defined in Section 303.77 of this Ordinance, exists as of the effective date of application of this wellhead protection overlay district, and the entirety of said lot of record lies within the land area on which this wellhead protection overlay district is applied, one septic tank and tile field or other on-site sewage disposal system may be established, provided such tank, tile field or other system complies with all requirements of Title 124 of the Nebraska Department of Environmental Quality.

6. Domestic, irrigation and any other water wells shall not be located closer than one thousand (1,000) feet of any well protected under this wellhead protection overlay district, provided that if a lot of record, as defined in Section 303.77 of this Ordinance, exists as of the effective date of application of this wellhead protection overlay district, and the entirety of said lot of record lies within the land area on which this wellhead protection overlay district is applied, one (1) well may be established, provided such well shall be constructed in accordance with the rules and requirements of Title 178.

7. Any application of fertilizers, pesticides, or herbicides to the land or crops through an irrigation system (chemigation) shall comply with the rules and requirements of Title 195.

8. If any land area contained within a wellhead protection overlay zoning district is also part of a special protection area or ground water management area, established under the Groundwater Management Protection Act, all uses within such areas, including agricultural uses, shall comply with the action plan and best management practices established for such areas by the local Natural Resource District(s).

420.09 Minimum Lot Area Requirements: The minimum lot area for any lot in this overlay district shall be as set forth in the primary zoning district(s) on which this district is overlain.

420.10 Minimum Lot Area and Frontage Requirements: The minimum lot width and frontage for any lot in this overlay district shall be as set forth in the primary zoning district(s) on which this district is overlain.

420.11 Minimum Building Setback Requirements: The minimum setback for all regulated structures and buildings in this overlay district shall be as set forth in the primary zoning district(s) on which this district is overlain, provided that the minimum setback requirements from protected wells, as set forth in Section 420.08 of this Ordinance, shall also be complied with.

420.12 Maximum Height: The maximum height of any building or structure shall be as set forth in the primary zoning district on which this district is overlain.

ARTICLE 5: SUPPLEMENTAL REGULATIONS

SECTION 501 APPLICATION

The regulations set forth in the following Sections qualify and supplement all zoning district regulations and are declared to be a part of the Ordinance.

SECTION 502 YARD REQUIREMENTS

502.01 Minimum yards shall be required along all public and private streets as set forth in the zoning district

regulations. Any yard abutting a street shall be deemed a front yard for purposes of determining yard requirements.

502.02 No principal or accessory building or structure or part thereof, except those structures listed in Section 503 of

this Ordinance, shall project into a required front, side, or rear yard.

502.03 No eave, cornice overhang, awning, balcony, sills, lintels, chimneys or other similar architectural features of any building shall project into a required front, side or rear yard.

502.04 No unenclosed or enclosed steps, porch, entrance platform, ramp, terrace, landing, deck or similar above grade

structure shall project into a required front, side or rear yard. (Refer to Section 503.02).

502.05 Any setback (yard) so placed or oriented that none of the specific setback definitions contained in this Ordinance are applicable shall necessitate a determination by the Zoning Administrator of a suitable setback (yard) dimension which will be consistent with the intent of the setback (yard) requirements within the applicable zoning district.

SECTION 503 YARD EXCEPTIONS

503.01 At grade patios, driveways, parking areas, loading areas and similar at grade surfacing shall be permitted to

encroach into any yard, and such surfaced areas shall not be included in the calculation of maximum lot coverage as set forth in each zoning district regulation.

503.02 Awnings and projecting business signs in the C-2 - Central Business District shall be permitted to encroach

into a front yard, provided that the bottom of such awnings or signs shall not be less than eighty (80) inches from ground level.

503.03 Signs within the required yards when developed in accordance with the requirements of Section 521 of this Ordinance.

503.04 Notwithstanding the requirements of Section 502.04 of this Ordinance, structural canopies for drive through

entrances to multi-family, group housing, assisted living, hospitals, nursing homes, convalescent centers, and canopies associated with commercial uses, except open air businesses and canopies over fuel pumps as regulated in Section 514.02 of this Ordinance, shall be permitted to encroach on a front yard, but shall not extend closer than twelve (12) feet to the front lot line.

SECTION 504 FENCES AND WALLS

504.01 No fence or wall shall be constructed or moved until a zoning permit has been issued for such fence or wall,

provided that no such permit shall be required to construct a fence within the AG, Agricultural District for the purpose of containing of livestock.

504.02 Any fence or wall shall be constructed so as to have the finished side facing adjacent property and street

frontage or such fence shall be constructed to have the same finish on both sides.

504.03 Ornamental fences, open fences, screen fences, walls, structural screens, and shrubs used to create a natural

fence or screen shall be permitted in any required yard, provided that any such fence, wall, screen or shrubs used to create a natural fence or screen located in a front yard shall not exceed a height of forty two (42) inches as measured by perpendicular measured from the nearest ground level. All such fences, walls, or structural

screens shall comply with the requirements of Section 510 of this Ordinance with regard to driver visibility at street intersections.

504.04 The maximum fence, free-standing wall or screen height along any side or rear yard shall be six (6) feet, as

determined by perpendicular measurement from the nearest ground level. All such fences, walls, or structural screens shall comply with the requirements of Section 510 of this Ordinance with regard to driver visibility at street intersections.

504.05 Nothing contained in this Section shall be deemed to prohibit the erection and maintenance of an open fence

or chain link fence in connection with an agricultural use, recreational use, or public safety and security fences in any non-residential district. An open fence shall be defined as having at least fifty (50) percent unobstructed openings per square foot and any such fence shall comply with the requirements of Section 510 of this Ordinance with regard to driver visibility at street intersections.

504.06 The use of any electrified or barbed wire fence in residential district shall be prohibited. Use of such fences

may be used on top of fencing used as security fencing on public grounds or on private land in commercial and industrial districts and for agricultural purposes for containing livestock in the AG, Agricultural District

504.07 Retaining walls shall not be limited in height, but shall be constructed so that such wall is structurally sound

for the height and type of material being retained. Retaining walls shall be constructed only of concrete, wood, steel or retaining wall blocks or combination thereof. Use of any other material shall be prohibited. The location of any such retaining wall shall comply with the requirements of Section 510 of this Ordinance with regard to driver visibility at street intersections.

SECTION 505 HEIGHT EXCEPTIONS

The height limitations set forth in the zoning district regulations shall not apply to spires, belfries, cupolas, parapets, grain elevators, silos, grain legs, antennae, water towers, ventilators, chimneys or other roof appurtenance usually required to be placed above the roof level provided that said appurtenance is not intended for human habitation and that appurtenances such as towers for mechanical or structural necessity with a roof area equal to or in excess of fifty (50) percent of the first floor area of the building shall be considered part of the regulated height of the building and further provided that on any land contained within the airport hazard zone the applicable height restrictions of said airport hazard zone shall remain applicable.

SECTION 506 BUILDING RELOCATION

No building or structure shall be moved from one lot or premises for location on another lot or premises unless such building or structure shall thereupon conform with the regulations of the zoning district in which such building or structure is to be located.

SECTION 507 BULK STORAGE OF CERTAIN MATERIALS

In any zoning district any building, structure, or above ground tank used for the bulk storage of any poisonous or explosive material shall be located at least one hundred (100) feet from any property line.

SECTION 508 STRUCTURES TO HAVE ACCESS

Every building hereafter erected or moved, with the exception of non-residential agricultural structures located in the AG, Agricultural zoning district, shall be on a lot or premises which fronts on a public or approved private street or shall be accessible by means of a recorded access easement at least twenty (20) feet in width to provide safe and convenient access for servicing, fire protection and required off-street parking.

SECTION 509 PARKING AND STORAGE OF CERTAIN VEHICLES

509.01 It shall be unlawful for any person in charge or control of any property within the City or its one (1) mile

planning and zoning jurisdictional area, as indicated on the Official Zoning Map, whether as owner, tenant, occupant, lessee or otherwise, to park, store or place any non-operating, wrecked, junked, partially dismantled or unregistered vehicle or new vehicle parts, used parts of junked or salvaged vehicles on such property. This Section shall not apply to a vehicle, new vehicle parts or used parts of junked or salvaged vehicles stored or placed in an enclosed building on the premises, a vehicle or new vehicle parts or used parts of junked or salvaged vehicles on the premises of a business enterprise operated in a lawful place and in a manner when necessary to the lawful operation of such business enterprise, or a vehicle, new vehicle parts or used parts of junked or salvaged vehicles on the premises under the control of a person who has obtained a hobbyist permit for the restoration of said vehicle. Further, the following exceptions shall apply:

1. New or used vehicles in transition of becoming registered and duly licensed operable vehicles with

substantially all main component parts attached, provided such vehicles shall be parked, stored or placed in a garage, carport or driveway or other space intended for such use.

2. Not more than one (1) vehicle, which is properly insured and licensed but is temporarily inoperable due to

minor mechanical failure but which is not in any manner dismantled and has substantially all main

component parts attached, shall remain upon a premises for longer than ten (10) consecutive calendar days.

3. Not more than one (1) vehicle in fully operational condition, such as a stock car or modified care that has

been redesigned or reconstructed for a purpose other than that for which it was manufactured, shall be

parked on any premises, provided that no building or garage is located on the premises in which the same

could be parked or stored. In no event shall any such vehicle be parked in the front or side yard of any

residential premises.

509.02 No repairing, modifying or dismantling work or operation shall be conducted on any vehicle or parts thereof upon any public right-of-way, whether improved or not, or other public property. Further no repairing, modifying or dismantling work or operation shall be conducted on any vehicle or parts on any premises used or zoned for residential purposes for a period in excess of twenty four (24) hours, except such as shall be accomplished with a hobbyist permit as may be issued by the City.

509.03 Storage or parking of licensed recreational vehicles, trailers and boats shall be in a garage, carport or behind the nearest portion of a building to a street, provided that not more than two (2) such vehicles shall be parked or stored in an open space, defined as the horizontal area of a premises excluding the building area(s).

509.04 A recreational vehicle, trailer or boat may be parked outside of an enclosed structure in the required front yard, on a concrete driveway or its equivalent, or on an undeveloped lot under the following conditions:

1. Open space is unavailable in the rear or side yards of the developed property and there is reasonable

vehicular access to either the rear or side yards. A corner lot shall always be deemed to have reasonable access to a side yard and a fence is not deemed to prevent reasonable access.

2. The recreational vehicle, trailer or boat shall be parked not less than two (2) feet from the front property

line or side lot line.

3. No part of a recreational vehicle, trailer or boat shall extend over a public sidewalk or public right-of-way.

3. On an undeveloped lot, not more than two (2) such vehicles shall be permitted to be parked or stored.

4. Parking is permitted for storage only and any recreational vehicle, trailer, or boat shall not be:

A. used for dwelling purposes for more than fourteen (14) days in a calendar year,

B. permanently connected to sewer lines, water lines or to electrical lines except for temporary connection to electrical lines for charging batteries,

C. used for storage or goods, materials, junk or other items other than those considered to be a part of the unit or essential for its immediate use.

5. A self-propelled recreational vehicle may be parked next to the curb of a public street in front of the

premises of the owner of such vehicle, provided such vehicle shall not be parked for a period exceeding twenty four (24) hours.

6. A non-powered recreation vehicle or trailer may be parked next to the curb of a public street in front of

the premises of the owner of such vehicle or trailer if attached to the towing vehicle, provided such vehicle shall not be parked for a period exceeding twenty four (24) hours.

509.05 NOTICE OF VIOLATION AND PENALITIES FOR VIOLATION:

If a violation of this Section occurs, the Zoning Administrator shall issue a notice of violation to any person in charge of control of such premises or shall post a notice of violation on said premises. Such notice of violation shall indicate the nature of the violation, the date of issuance and shall indicate that the person in charge or control of such premises shall have either:

1. Seven (7) calendar days from the date of issuance of the notice of violation to eliminate such violation if the maximum storage or parking period set forth in this Section exceeds twenty four (24) hours, or

2. Twenty four (24) hours from the date of issuance of the notice of violation to eliminate such violation if the maximum storage or parking period set forth in this Section is twenty four (24) hours or less.

Failure to eliminate such violation shall be a violation of this Ordinance and shall be punishable in accordance with Section 1102 of this Ordinance.

SECTION 510 STREET INTERSECTION VISIBILITY

On any corner lot in any zoning district, except the C -1, Central Business District, no building, fence, wall, structure or other obstruction shall be placed or maintained between a height of three and one-half (3 ½) feet and eight (8) feet above grade level within the triangular area formed by the intersecting street right-of-way lines and a line connecting points on said right-of-way line which is twenty five (25) feet from the intersection of said right-of-way lines.

SECTION 511 ONE PRIMARY STRUCTURE PER LOT

No more than one (1) primary structure shall be located on a single lot, except where primary structures are designed and platted as a single entity, under single ownership and control, such as multi-family and clustered residential developments, townhouse development or shopping centers and lots located in recognized industrial parks.

SECTION 512 EASEMENTS

No building or structure shall be placed or erected on or over any utility easements, except for structures associated with such utility easements.

SECTION 513 ACCESSORY USES

513.01 Accessory uses shall be incidental to, subordinate to, and commonly associated with the principal use of the

premises and shall be operated and maintained under the same ownership and on the same lot as the principal use.

513.02 Accessory uses shall be subordinate to the principal structure on the lot in height, area, bulk, extent and

purpose, shall not be located closer to any lot line than set forth in the minimum yard requirements for the zoning district in which it is located and shall be included in the calculation of maximum lot coverage regulations of the zoning district in which it is located.

513.03 Accessory uses shall be permitted only after the erection and operation of the principal structure and shall not

be used unless the principal structure is being used.

513.04 Accessory uses for residential uses and commercial uses shall include swimming pools, provided such swimming pools require a zoning/building permit and shall comply with the following requirements:

1. Swimming pools associated with residential uses shall be located in the side and/or rear yard. Swimming pools associated with commercial uses may be located any yard.

2. Swimming pools and related decks and landings shall comply with the minimum setback requirements in all yards for accessory building and structures.

3. Swimming pools shall be considered part of any required open space and shall not be considered lot coverage.

4. No swimming pool shall be constructed until adequate provisions for drainage of the pool, which will avoid drainage onto neighboring properties, have been made and adequate distance from overhead electrical wires and electrical appurtenances is provided.

5. All swimming pools shall be enclosed by a substantial fence, wall or other barrier which shall be adequate to prevent unauthorized entrance to the pool and pool area by persons or animals. Such fenced or walled area shall be at minimum of five (5) feet in height and shall be equipped with a self-closing, self-latching gate which is lockable.

SECTION 514 OPEN AIR BUSINESSES

514.01 Any business establishment where the principal use is the drive-in type or is generally characterized by open

air operations shall be permitted to locate such open air aspects of the business in the front yard, provided that a landscape buffer, as defined in this Section 303.78 of this Ordinance, at least ten (10) feet in width shall be provided along the front property line.

514.02 For convenience stores and other businesses dispensing gasoline or other fuels at retail, pump islands shall be

permitted no closer than twenty (20) feet to the front property line and any canopy covering such pump islands shall not extend closer than twelve (12) feet to the front property line.

SECTION 515 HOME OCCUPATIONS AND HOME BASED BUSINESSES

515.01 A home occupation or home based business may be permitted to accompany any residential use only after the

issuance of an occupancy permit by the Zoning Administrator and such permit shall be issued only if the home occupation or home based business complies in all respects to the requirements of this Section.

515.02 A home occupation or home based business shall be of a personal or professional service nature and such home

occupations or home based business shall not change the residential character of the premises or the structures thereon or interfere with the residential use of adjoining residential uses or residential uses across the street of

the premises. No provision for additional off-street parking or loading facilities other than those which would normally be accessory to the residential use shall be permitted and on-street parking for customers of such home occupation or home based business shall be limited to those on-street parking spaces located on the same side of the street and along the frontage of the lot or premises where such home occupation or business is

located. In instances where on-street parking is prohibited on one or both sides of the street, customer parking shall be limited to the off-street parking on the premises.

515.03 The principal use of the premises shall be for residential purposes and the owner and operator of the home

occupation or home based business shall be the occupant of the residential dwelling on the premises.

515.04 The owner / operator of the home occupation or home based business shall not employ more than one (1)

employee other than members of the immediate family of the owner / operator who reside on the premises.

515.05 No exterior alteration which would change the residential appearance of the residential dwelling structure or

any accessory building, including the use of lighted canopies, shall be permitted.

515.06 If the home occupation or home based business is located in the residential dwelling structure, such use shall

not occupy more than twenty five (25) percent of the floor area of such structure. A home occupation or home based business may be conducted in an accessory building, provided such building is clearly a building that is accessory to the residential use.

515.07 No additional or separate entrance which is inconsistent with the use of the residential dwelling structure shall

be constructed solely for the purpose of conducting such home occupation or home based business.

515.08 No display of goods or exterior evidence of the home occupation or home based business shall be permitted,

except for one (1) non-animated, non-illuminated, non-flashing sign which identifies the occupation business. Said sign shall not exceed a total of ten (10) square feet in area and shall be attached flat against a wall of the residential dwelling structure or accessory structure in which the occupation or business is conducted. No temporary or movable signs of any type shall be used in conjunction with any such occupation or business.

515.09 No equipment of process shall be used which creates noise, vibration, glare, fumes, odors, or electrical

interference detectable off the premises of such home occupation or home based business.

515.10 No stock in trade or products, other than those used, manufactured, assembled, produced or created on the

premises shall be sold on the premises, provided that a stocking of products to be sold where the operator of

the home occupation or business delivers such products to the purchaser and the number of customers visiting

the location of the home occupation business to pick up such products is limited to a total of four (4) per day.

SECTION 516 OFF-STREET PARKING

516.01 Accessory off-street parking facilities, including parking facilities for handicapped drivers as required under

the Americans with Disabilities Act, shall be provided and maintained for all buildings, structures or

premises used in whole or in part for purposes permitted by this Ordinance in accordance with the provisions of this Section, which are designed to alleviate or prevent congestion of public streets by establishing minimum requirements for on-site and off-site parking areas for motor vehicles consistent with the parking needs of the use on each premises.

516.02 No use lawfully existing at the date of adoption of this Ordinance or amendment thereto shall be required to provide or maintain the parking spaces required in this Section, provided that off-street parking spaces required by any previous ordinance shall be provided and maintained and further provided that if the

number of existing off-street parking spaces which are in excess of any prior ordinance, but less than the

number required by this Ordinance shall be maintained.

516.03 For any non-conforming structure which is hereafter damaged or partially destroyed and which is lawfully

reconstructed, reestablished, or repaired, off-street parking spaces equivalent to those maintained on the premises at the time of such damage shall be restored and maintained, provided that in no case shall it be required to restore off-street parking spaces in excess of those required by this Ordinance for the use on the premises.

516.04 If the intensity of use of any building, structure or premises shall be increased through the addition of dwelling

units, floor area, beds, seating capacity or other means which will have the effect of increasing the need for parking spaces, the number of additional off-street parking spaces required by this Ordinance for such additions shall be provided.

516.05 Whenever, the existing use of a building, structure or premises shall hereafter be changed or converted to

another use, off-street parking spaces required by this Ordinance for such new use shall be provided on the premises, except that this requirement shall not apply to a change of use in the C-1, Central Business District.

516.06 Nothing in this Ordinance shall prevent the voluntary establishment of accessory off-street parking facilities to serve any existing use, provided that all requirements with regard to location, design, landscape screening or buffering are complied with.

516.07 Off-street parking spaces shall be provided in one or more areas on the same lot or premises as the use served,

except as otherwise provided in the Ordinance.

516.08 Off-street parking spaces required herein shall be utilized solely for the parking of passenger automobiles or

light trucks of less than one (1) ton capacity of employees, occupants or customers and such spaces shall not be used for the storage or display of materials or products or the repair or dismantling of any material.

516.09 Required off-street loading areas shall not be construed as being part of any required off-street parking area.

516.10 Each required off-street parking space shall be at least eight and one-half (8 ½) feet in width and at least

twenty (20) feet in length, exclusive of access drives or aisles, ramps, columns or work areas, provided that the minimum length of any parallel parking space shall be twenty three (23) feet and further provided that parking space dimensions for handicapped drivers shall be as set forth in Section 516.11. Such parking spaces shall have adequate vertical clearance to allow each space to be used for parking.

516.11 In conformance with the Americans with Disabilities Act (ADA) and the Nebraska Accessibility Guidelines, if parking spaces are provided for self-parking by employees or visitors or both, then parking spaces for those with disabilities shall be provided in each parking area in conformance with the number of such spaces herein specified and the following requirements:

1. NUMBER OF DISABLED ACCESSIBLE PARKING SPACES:

Total Parking Spaces Required Minimum Number of Disabled Accessible Parking Spaces

1 - 25 …………………………………………………….. 1

26 - 50 …………………………………………………….. 2

51 - 75 …………………………………………………….. 3

76 - 100 …………………………………………………… 4

101 - 150 …………………………………………………… 5

151 - 200 …………………………………………………… 6

201 - 300 …………………………………………………… 7

301 - 400 …………………………………………………… 8

401 - 500 …………………………………………………… 9

501 - 1,000 ……………………………………. Two (2) percent of the total

1,001 and over ……………………….. Twenty (20) plus one (1) for each 100 over 1,000

At facilities providing medical care and other services for persons with mobility impairments, parking

accessible parking spaces in compliance with this Section shall be provided as follows:

Outpatient Facilities……………………………. Ten percent (10%) of the total spaces

Facilities specializing in treatment

or services for persons with

mobility impairments………………………….. Twenty percent (20%) of the total spaces

2. LOCATION OF DISABLED ACCESSABLE PARKING SPACES:

Accessible parking spaces serving a particular building shall be located on the shortest accessible route of travel from the parking area to an accessible entrance. In parking facilities which do not serve a particular building, accessible parking shall be located on the shortest accessible route of travel to an accessible entrance of the parking facility. In buildings with multiple accessible entrances with adjacent parking areas, accessible parking spaces shall be dispersed and located closest to the accessible entrances.

3. SIGNAGE:

Signage of accessible parking spaces shall be designated as reserved by a sign showing a symbol of accessibility. Spaces complying with Subsection 4 below shall have an additional "van accessible" sign mounted below the symbol of accessibility. Such signs shall be located so they cannot be obscured by a vehicle parked in the space.

4. ACCESS AISLES:

One (1) in every eight (8) disabled accessible parking spaces, but not less than one (1) space, shall be served by an access aisle at least eight (8) feet wide and shall be designated "van accessible". The vertical clearance shall be at least the minimum specified in Subsection 7 below. All such spaces may be grouped on one (1) level of a parking structure.

Parking access aisles shall be part of an accessible route to the building or facility entrance. Two (2) accessible parking spaces may share a common access aisle.

Parked vehicle overhangs shall not reduce the clear width of an accessible route. Parking spaces and access aisles shall be level with slopes not exceeding 1:50 (2%) in all directions.

5. VALET PARKING:

If valet parking services and facilities are provided a passenger loading zone complying with Subsection 6 below, located on an accessible route to the entrance of the facility served, shall be provided.

6. PASSENGER LOADING ZONES:

If passenger loading zones are provided in association with any use, at least one (1) passenger loading zone shall provide an access aisle at least five (5) feet wide and twenty (20) feet long adjacent and parallel to the vehicle pull-up space. If there are curbs between the access aisle and the vehicle pull-up space, a curb ramp complying with accessibility standards shall be provided. Vehicle standing spaces and access aisles shall be level with surface slopes not exceeding 1:50 (2%) in all directions.

7. MINIMUM VERTICAL CLEARANCE:

Minimum vertical clearance of one hundred fourteen (114) inches at accessible passenger loading zones and along at least one (1) vehicle route to such areas from the site entrance(s) and exit(s) shall be provided. At parking spaces complying with Subsection 4 above a minimum vertical clearance of ninety eight (98) inches at the parking space and along at least one (1) vehicle access to such space from the site entrance(s) and exit(s) shall be provided.

516.12 All driveways or other areas used to satisfy the off-street parking requirement for all residential uses shall be

paved with asphalt or concrete. All areas used to satisfy the off-street parking requirements for non-residential

uses shall be surfaced with gravel, crushed rock or paved with asphalt or concrete.

516.13 Off-street parking areas may be provided in the required front yard, except as otherwise restricted in this

Ordinance, provided that any landscape buffer or landscape screen required by the applicable zoning district regulations shall be provided along the front property line.

516.14 Except for single-family and two-family dwellings, each required off-street parking space shall open directly

upon a drive aisle of sufficient width, as set forth and illustrated below, to provide safe and efficient means of vehicular access to and from such parking spaces and such drive aisle shall be unobstructed and allow for passage of emergency vehicles.

Parking Angle* Minimum Required Aisle Width

(in degrees) (in feet) .

less than 45 12

45 14

60 18

90 24

* Angle shall be measured between center line of

parking space and centerline of drive aisle

90° Parking

Parallel Parking

516.15 The minimum off-street parking spaces required in association with the various uses permitted under

this Ordinance shall be as follows:

Use Description Off-Street Parking Spaces Required

Agricultural uses No requirement, except for roadside stands for the

sale of produce shall be provided with an adequate

number of off-street parking spaces so that parking

does not occur on a public roadway and for residential

uses associated with an agricultural use which shall

comply with the parking requirements for such residential use as set forth herein.

Single-family residential uses Two (2) spaces per dwelling unit including garage,

carport or driveway parking

Two-family, townhouse or multi-family One and one half (1 ½) spaces per dwelling unit

residential uses including garage, carport or driveway parking

Rooming houses, dormitories, fraternities One (1) parking space for each two (2) beds

or sororities

Hotels and motels One (1) parking space per lodging room plus one (1)

parking space per employee per largest working shift and any spaces required for any restaurant or lounge associated with any hotel or motel

Bed and Breakfast businesses One (1) parking space for each two (2) lodging rooms

Nursing homes, and hospitals One (1) parking space for each four hundred (400)

square feet of floor area or one (1) parking space for

each two patient beds, whichever is lesser, plus one (1) parking space per employee per largest working shift

Assisted living and hospice housing One (1) parking space for each independent dwelling

unit and one-half (1/2) space for each dependent dwelling unit plus one (1) parking space per employee per largest working shift

Use Description Off-Street Parking Spaces Required

Children’s homes One (1) parking space for each six (6) beds, plus one (1)

space for each employee per largest working shift

Child care centers, day One (1) parking space for each three children served

nurseries and similar uses plus one (1) parking space for each employee per largest

working shift.

Clubs, and lodges (without bars, lounges or One (1) parking space per each four hundred (400)

restaurants), community centers, public square feet of floor area or one (1) parking space per

administrative, utility and public service for each eight hundred (800) square feet of floor area

offices, libraries, museums and similar uses plus one (1) parking space for each employee per

largest working shift, whichever is greater

Public or private schools Eight (8) parking spaces per classroom, laboratory or other student instruction area

Sports arena, gymnasium or similar use One (1) parking space for each three (3) seats unless said

arena or gymnasium is operated in conjunction with

a public or private school where either the parking requirement for the school or for the arena or

gymnasium, whichever is greater, shall apply

Theaters, auditoriums, assembly halls, One (1) parking space for each four (4) seats in the main

funeral homes and similar places of congregation seating area

Churches and similar places of worship One (1) parking space for each three (3) seats in the main

seating area

Boarding schools, vocational and trade schools One (1) parking space for each six (6) students based

colleges and similar educational institutions upon the maximum number of students the facility is

designed to accommodate at any one time during a

twenty four (24) hour period

General business uses, offices, retail and personal One (1) parking space for each four hundred (400)

and professional service uses, except eating square feet of floor area

establishment, bars and lounges, discount retail

stores, and strip developments with more than

two (2) retail stores and retail shopping malls

Discount retail stores, strip developments with One (1) parking space for each three hundred (300)

more than two (2) retail stores and retail square feet of floor area

shopping malls

Eating establishments, bars, lounges, night clubs One (1) parking space for each three (3) customer seats

and similar uses, excluding drive-in eating plus one (1) parking space for each employee per largest

establishment where the customer eats in working shift

their vehicle

Drive-in eating establishments where the customer One (1) parking space for each two hundred (200)

eats in their vehicle square feet plus one (1) parking space per employee

per largest working shift

Use Description Off-Street Parking Spaces Required

Open air businesses including auto, truck, One (1) parking space per employee per largest working

recreational vehicle, mobile home or boat shift plus an adequate number of parking spaces for

sales uses, kennels, plant nurseries and customers, but not less than five (5) additional parking

similar uses spaces

Automobile or truck service stations or One (1) parking space for each employee per largest

repair businesses working shift plus two (2) parking spaces for each

automobile or truck service stall

Amusement establishments, public swimming One (1) parking space for each five hundred (500)

pools, golf courses, bowling alleys, skating rinks, square feet of floor area or five (5) parking spaces for

and similar recreational uses each hole or alley, or one hundred (100) square feet of

water surface area, whichever is greater

Commercial and industrial uses not catering to One (1) parking space for each one and one-fourth (1and on premise retail customers ¼) employees per largest working shift plus an adequate number of parking spaces to accommodate visitors and business vehicles operating from the premises

516.16 If the unit of measurement for determining the minimum number of off-street parking spaces is any fraction

of a space, said fraction shall be considered as requiring one (1) additional parking space.

516.17 In sports arenas, gymnasiums, churches and other places of assembly or worship in which patrons occupy

benches, pews or similar seating facilities, each twenty (20) inches of such seating shall be counted as one (1) seat for purposes of determining off-street parking requirements.

516.18 For uses not specified in this Section or in any instance when the requirement for an adequate number of off

street parking spaces is unclear, the number of off-street parking spaces shall be determined by the Zoning Administrator on the basis of similar uses, the number of persons expected to be employed or served on the premises and the capability of the use to adequately serve the visiting public.

516.19 The required number of off-street parking spaces for premises involving more than one (1) type of use shall be

the combination of the required parking spaces for such uses, except where the Zoning Administrator determines that the parking spaces available for one use on the premises can be reasonably expected to function adequately for any other use on the premises without conflict.

SECTION 517 OFF-SITE PARKING FACILITIES

The Planning Commission is hereby authorized to grant off-site parking facilities as conditional uses for any non-residential use in any zoning district, in accordance with Article 7 of this Ordinance and with the following conditions:

517.01 A site development plan for such off-site parking facility shall be filed with the Planning Commission and said

site plan shall demonstrate compliance with all applicable requirements for off-street parking facilities, including landscape buffer and screening, as set forth in this Ordinance, and a listing of all individual off-site uses which shall be entitled to utilize such off-site parking facility, including the number of spaces committed to each such off-site use.

517.02 Any such off-site parking facility shall be located in an area included in the R/O, Residential Office District or

any non-residential zoning district and shall be situated within three hundred (300) feet of the lot(s) on

which the use or uses to be served by said off-site parking facility, measured along the street or sidewalk

connecting such parking facility to the use or uses served by the parking facility.

517.03 Any such off-site parking facility shall be surfaced with gravel or crushed rock, asphalt or concrete capable of

carrying a wheel load of four thousand (4,000) pounds and shall be maintained in good condition and be free of all weeds, dirt, trash or debris.

517.04 The individual parking spaces in any such off-site parking area shall be delineated either by properly anchored

wheel stops in the case of gravel or crushed rock surfacing or by painting of stripes and installation of curb or wheel stops in the case of asphalt or concrete surfacing.

517.05 Any off-site parking facility shall have a landscape buffer on all street frontages at least six (6) feet in width

and any off-site parking facility abutting a residential zoning district shall be required to have a landscape screen on all side or rear yards that abut a residential zoning district.

SECTION 518 ON-STREET PARKING BLISTERS

Notwithstanding other requirements of this Ordinance, the establishment of parking blisters on public street rights-of-way within the City may be authorized by the City Council, after review and recommendation by the Planning Commission, to substitute for all or part of the off-street parking requirement for two-family, townhouse, and multi-family residential uses, subject to the following limitations and requirements:

518.01 Parking blisters shall be permitted only on streets classified on the City’s Major Street Plan as local streets.

518.02 All parking blisters shall be located to maintain the minimum street intersection site distance as required in

Section 510 of this Ordinance and such site distance requirement shall also apply to any intersection of a street and a public alley.

518.03 The parking arrangement of any parking blister shall be parallel with the street curb or edge of pavement or

angled from such curb or edge of pavement at an angle not exceeding forty one (41) degrees from the curb or edge of pavement. Where a street curb does not exist such shall be installed as part of the paving of such parking blister.

518.04 All parking blisters shall provide for pedestrian movement in the form a sidewalk abutting the edge of the

parking blister which is a minimum of six (6) feet in width and extending the length of the parking blister. Such sidewalk shall connect with any other sidewalks serving the premises or adjoining lots.

518.05 Any parking blister shall not exceed the length of the frontage of the lot of which the use it serves is located

and no part of any vehicle parked in such parking blister shall extend beyond the frontage of the lot which the

parking blister serves.

518.06 Any parking blister shall be paved with concrete or asphalt in accordance with City street paving standards

and shall provide for proper drainage and be equipped with a curb on the frontage of the lot. Minimum

parking space dimensions, as set forth in this Ordinance, shall be required in any parking blister.

518.07 Maintenance and snow removal from a parking blister shall be the responsibility of the owner of the lot which

such parking blister serves.

518.08 Any part of the total off-street parking requirement not satisfied by a parking blister shall be provided on the

lot on which the use served by the parking blister is located.

518.09 If disabled accessible parking is not provided elsewhere on the lot on which the use served by the parking

blister is located such parking space(s) shall provided in the parking blister in accordance with the requirements of Section 516.11 of this Ordinance.

SECTION 519 DOWNTOWN PARKING

519.01 Due to the pedestrian oriented nature of the some areas included in the C-1, General Business Zoning District,

and the availability of on-street parking in the central business district, the off-street parking requirements

contained in Section 516 of this Ordinance shall not be applicable to any commercial use existing

in the C-1, Central Business District at the date of adoption of this Ordinance, provided that any such

existing use is not expanded through addition of floor space already existing in the area zoned C-1, Central

Business District at the date of adoption of this Ordinance

519.02 Construction of new building in the C-1, Central Business District when such building does not replace any

building or buildings existing in the area so zoned at the date of adoption of this Ordinance or when the square footage contained in the new building exceeds the square footage of any building or buildings existing in the area so zoned at the date of adoption of this Ordinance which are demolished, shall require development of additional off-street parking spaces in accordance with the requirements of Section 516 of this Ordinance, provided that in the instance of where a existing building is demolished the off-street parking requirement shall be only for any floor area developed which is in excess of the floor area of the existing building or buildings which is/are removed.

519.03 Any or all of any off-street parking requirement for any new building or expansion of any existing use through

construction of additional floor area in the C-1, Central Business District may be provided in one (1) or more off-site parking lots which collects and combines such off-street parking requirements for one or more uses in the C-1, Central Business District. Such off-site parking lots shall be developed in accordance with the following requirements:

1. An off-site parking lot may be located in any non-residential zoning district or in the R/O, Residential Office District within a distance of six hundred (600) feet of the use or uses served, measured along the nearest pedestrian walkway to the nearest point of said use or uses.

2. In order to encourage the development of additional off-site parking lots to serve the central business district, the number of off-street parking spaces per use utilizing such off-site parking lot may be reduced ten (10) percent below the off-street parking requirements applicable to such use or uses.

3. Off-site parking lots may be developed without yards, provided that a landscape buffer at least five (5) feet in depth shall be provided along all abutting streets and that a landscape screen shall be required in any side or rear yard which abuts a residential zoning district.

4. All off-site parking lots shall be surfaced with gravel or crushed rock or be paved with asphalt or concrete.

5. All parking spaces and drive aisles contained in any such off-site parking lot shall be developed in accordance with the design standards and marking requirements set forth in Section 516 of this Ordinance.

SECTION 520 LOADING AREA REQUIREMENTS

520.10 Except for uses located in the C-1, Central Business District and R/O, Residential Office District, every lot

used for commercial purposes where a stock of goods is maintained or industrial purposes shall be provided

with an off-street loading area that will accommodate semi-tractors and trailers. Such loading area shall have access to a public street or alley and shall not interfere with the use of required off-street parking spaces or interfere with any sidewalk on the premises to maneuver or park any vehicles for loading or unloading. Such loading areas shall be surfaced with gravel or crushed rock or paved with asphalt or concrete.

520.02 Commercial uses located in the C-1, Central Business District and existing at the date of adoption of this

Ordinance shall not be required to meet the loading area requirements of this Section. Commercial uses located in the C-2, Central Business District which are developed after the date of adoption of this Ordinance and so located that there is no alley abutting the location shall be required to establish an off-street loading area in accordance with the requirements of Subsection 520.01 above.

SECTION 521 SIGNS

521.01 Any sign shall, by definition, be a structure. No land, building, or structure shall be used for sign purposes

except in conformance with these regulations and those of the applicable zoning district. Signs shall only be permitted in zoning districts permitting the same and no sign shall be erected, enlarged, or otherwise modified until a building permit for same has been issued, except as specified in this Section.

521.02 All signs legally existing at the date of adoption of this Ordinance or applicable amendment thereto may

remain in use under the conditions of legal non-conformance. Signs in legal non-conformance shall not be

enlarged, moved, lighted, or reconstructed without compliance with this Ordinance, provided, however, that

normal maintenance of such signs and the changing of the advertising display in the case of billboards shall

not be restricted. Conversion of any non-conforming business sign to another business sign or product name

may be done, provided such non-conforming sign is not an obsolete sign, as defined in Section 521.03,

Subsection 7 herein. If such non-conforming sign is determined to be an obsolete sign, it shall not be

converted to any other sign unless such conversion would bring such sign in conformance with these

regulations.

521.03 Definitions:

1. BILLBOARD: An off-site free-standing sign, unattached to any other structure, which directs attention to an object, product, place, activity, business, person or persons, service or interest not situated on the same premises as such billboard.

2. BUSINESS SIGN: An on-site sign which identifies or directs attention to an object, product, place, activity, business, person or persons, service or interest situated on the same premises as such sign.

3. SIGN: Any outdoor visual identification, description, display, or illustration which is affixed to, painted

on, or attached to a building, post, pole or other structure and which directs attention to an object,

product, place, activity, business, person or persons, service or interest, provides direction or otherwise

provides a means of visually communicating with the general public.

4. SIGN FACE: The surface of the sign upon, against, or through which the message of the sign is

exhibited.

5. SIGN, FREE STANDING: A sign attached to a self-supporting structure which is unattached to any building or other structure.

6. SIGN, GROUND MOUNTED: A free-standing (monument type) sign in which the sign face is supported directly by a continuous and solid base which extends the full length of the sign face.

7. SIGN, INCIDENTAL: A nameplate, temporary sign, or on-site sign providing direction for entrances, exits, parking areas and similar uses, including real estate “for sale” and “for rent or lease” signs and elected office or public issue campaign signs.

8. SIGN, OBSOLETE: Any sign which advertises a business no longer in existence or a product no longer

offered for a period of one (1) year after the termination of such business or product availability.

9. SIGN, POLE MOUNTED: A free standing sign in which the sign face is mounted on one (1) or more poles.

10. SIGN, PROJECTING: A sign suspended from or supported by a building and extending outward

therefrom more than fifteen (15) inches.

11. SIGN STRUCTURE: The support or supports, uprights, bracing and framework which supports the sign surface. In the case of a sign structure consisting of two (2) or more sign faces, where the angle formed between any of the faces, or projections thereof, exceeds fifteen (15) degrees, each side shall be considered a separate sign structure.

12. SIGN SURFACE: The entire area within a single continuous perimeter enclosing all elements of a sign
which are intended to be part of the visual image of the sign. For free-standing pole mounted signs, the sign surface area shall include any pole or combination of poles in which the horizontal dimension or combined horizontal dimension exceeds one (1) foot. For free-standing ground mounted signs, the sign surface area shall include that portion of the base of the sign which is above the ground.

521.04 EXEMPTIONS:

The following signs shall be exempt from these regulations, subject to the conditions specified below:

1. Signs not exceeding two (2) square feet in area and bearing only property numbers, address numbers,

names of occupants or premises, or other identification of the premises not denoting any business activity.

2. Flags, signs and insignia of any governmental unit, civic, educational or religious organization, except where displayed in connection with a business promotion.

3. Legal notices, identification, informational, warning, no trespassing, directional or other similar signs

erected, or required to be erected by any governmental unit and informational or directional signs allowed by the City Council to be placed in any public right-of-way.

4. Memorial plaques, historical markers, integral decorative or architectural features of a building, except

trademarks, moving parts or moving lights.

5. One (1) real estate sign for each lot frontage indicating “for sale”, “for rent or lease”, provided any such sign shall be set back at least fifteen (15) feet from any street right-of-way line.

6. Political campaign yard signs, provided such signs are not placed in any public right-of-way.

7. Window signs , including pictures, symbols, writing or combination thereof designed to promote an on-site activity that is placed inside a window and is visible from the exterior.

521.05 INCIDENTAL SIGNS:

The following incidental signs shall be permitted, subject to the listed requirements and limitations:

1. Signs, on private property, directing and guiding traffic, identifying a parking or loading area, designating

building entrances. Such signs shall not exceed ten (10) square feet in area for each sign, shall not

exceed a height of three and one-half (3 1/2) feet. A free-standing incidental sign shall be set back a

minimum of five (5) feet from any street or alley right-of-way line.

2. Temporary signs in connection with a special event, provided such signs are limited in use to thirty (30)

days per premises and are set back a minimum of five (5) feet from any street or alley right-of-way line.

3. Temporary signs in connection with buildings under construction, model homes and similar longer term

temporary signs which shall be removed when the work or sale is completed. Such signs shall be set back

a minimum of five (5) feet from any street or alley right-of-way line.

4. A temporary or permanent subdivision identification sign for each street entrance into a subdivision.

Such sign shall not exceed two hundred fifty (250) square feet or forty-two (42) inches in height and

shall be set back a minimum of ten (10) feet from any right-of-way line unless a greater set back is

required to maintain street intersection visibility in accordance with Section 510 of this Ordinance.

5. Off-site signs identifying a church, school, hospital, public park, historic site, local service and benevolent organizations and other public facilities, subject to the following limitations:

A. Such signs shall be placed on private property and shall not be placed on any public property or public right-of-way unless so authorized by the City Council.

B. Such signs may only be placed in a commercial or industrial zoning district.

C. Such signs shall be located no closer than five (5) feet to a right-of-way line of any street.

D. Such signs shall not have a sign face area exceeding sixteen (16) square feet and such signs shall not exceed ten (10) feet in height.

E. Not more than one (1) such sign may be placed on the same sign structure.

F. Such signs shall be located no closer than two hundred (200) feet to any other sign, excluding those signs listed as exempted signs in Section 521.04 of this Ordinance.

G. Such signs may be lighted.

521.06 MAINTENANCE AND REMOVAL:

1. All signs shall be kept in good repair.

2. Signs and sign structures which are obsolete, no longer functional or are abandoned shall be removed within sixty (60) days after written notification from the Zoning Administrator that such sign is deemed to be obsolete, non-functional, abandoned, or the sign face and/or structure is dilapidated.

521.07 GENERAL PROVISIONS:

1. No sign or sign structure shall be placed on private property or public property without the consent of the

owner of such property.

2. No sign or sign structure, other than official street or highway signs, shall be placed upon, over or in any

street or highway right-of-way, except in the Central Business District or as otherwise authorized by the

City Council.

3. No sign or sign structure shall be erected at any location where it will interfere with, obstruct the view of

pedestrians or on-coming vehicular or railroad traffic, or be confused with any authorized traffic control

sign, signal or device. No rotating beam, beacon or flashing illumination resembling any emergency

vehicle lights shall be used in connection with any sign.

4. It shall be unlawful to erect and maintain:

A. Any sign which is not included under the types of signs permitted in this Ordinance.

B. Any portable or movable sign, except as a temporary sign in accordance with the regulations set

forth in this Section.

C. A billboard and a on-site business sign on the same lot.

D. Any trailer, vehicle, semi-truck trailer or other movable vehicle shall not be used as a structure

for any sign, except as a temporary sign in accordance with the regulations in this Section.

5. Business signs and billboards may be illuminated except as otherwise restricted in this Section. When such signs are directly lighted such light fixtures and reflectors shall not extend more than eight (8) feet from the sign face and shall not extend into any public right-of-way, except as authorized in the C-1 Central Business District. Such light fixture extension shall be allowed to encroach on a required yard Lighting fixtures shall be shielded where necessary to prevent direct view of the light bulbs from any public right-of-way or adjoining property.

6. No sign or sign structure, except a projecting sign, shall extend more than fifteen (15) inches from the

building wall on which it is mounted.

7. Not more than one (1) projecting sign shall be allowed for each lot or occupant thereof and the maximum

sign surface area shall be fifty (50) square feet per side. In no case shall a projecting sign extend more

than eight (8) feet beyond its supporting structure or be less than eighty inches (80) inches above ground

level. Projecting signs may be illuminated, flashing or animated, except as otherwise restricted in this

Section.

8. Signs or sign structures shall be set back from any right-of-way line in accordance with the yard

requirements of the applicable zoning district, except as otherwise specified in this Section and provided

that in the case of a projecting sign, except in the C-1 Central Business District, where the building wall

on which the sign is mounted is located closer than eight (8) feet to the setback line, such sign may extend

up to six (6) feet into the required yard.

9. No sign shall be located in a site distance triangle, as set forth in Section 510 of this Ordinance.

10. A free-standing pole or monument sign shall not be located closer than ten (10) feet to any side or rear property line.

521.09 BUSINESS SIGNS:

The number and size of business signs for business uses permitted in the R/O, Residential Office or any

commercial or industrial zoning district shall be limited as follows:

1. No more than one (1) business sign shall be permitted on any lot used for business purposes in the R/O,

Residential Office Zoning District and no more than three (3) business signs shall be permitted on any lot

in a commercial or industrial zoning district, except that when the principal business building is located

on a corner lot and has vehicular entrances to both streets or when the principal business building has

public entrances to both a front and rear of the building, one (1) additional sign shall be permitted.

2. Business signs on any premises zoned for commercial or industrial use may be wall-mounted, projecting, free-standing or monument signs.

3. The maximum sign face area for wall mounted business signs in the R/O, Residential Office Zoning District shall be fifty (50) square feet for each street frontage. The maximum sign face area for wall mounted business signs in a commercial or industrial zoning district shall be two hundred (200) square feet for each street frontage, provided that on lots having street frontage greater than fifty (50) feet, the maximum wall-mounted business sign face area may be increased one (1) square foot for each lineal foot of street frontage over fifty (50) feet up to a maximum of four hundred (400) square feet.

4. A monument business sign may be located no closer than five (5) feet to a lot line, provided such sign

face area does not exceed sixty (60) square feet and such sign height does not exceed forty two

(42) inches. For each one (1) foot that a monument sign is moved back from a front lot line, the

sign face area may be increased by fourteen (14) square feet and the height may be increased by six (6) inches, provided that the maximum sign face area shall not exceed two hundred (200) square feet and the maximum sign height shall be eight and one-half (8 and 1/2) feet.

5. A free-standing pole mounted sign may be located no closer than five (5) feet to a lot line, provided such sign face area does not exceed sixty (60) square feet and such sign height does not exceed fifteen (15) feet. For each one (1) foot that a pole mounted sign is moved back from a front lot line, the sign face area may be increased by five (5) square feet and the height may be increased by one (1) foot, provided that the maximum sign face area shall not exceed two hundred (200) square feet and the maximum sign height shall be fifty (50) feet.

6. For unified centers, including shopping centers and industrial parks, one (1) additional sign shall be

permitted at the main entrance to such unified center, subject to the following requirements:

A. Such sign shall be an monument sign and shall indicate only the name and location of such unified center and the name and type of business of the occupants of such center.

B. The set back, sign face surface area and height shall be as regulated in Subsection 521.07,

Paragraph 3 immediately above.

C. Such sign may be illuminated or lighted, but shall not be flashing or animated.

521.10 BILLBOARDS:

1. It is the intent of this Section to establish reasonable and uniform limitations, safeguards and controls for

the location of billboards. Such regulations are deemed necessary in the public interest to protect the use

and value of adjoining properties, as well as the best interest of the City.

2. Billboards shall be permitted on a lot with one (100) feet or more of frontage on a street classified in the

City’s Major Street Plan as an arterial street and only in areas included in the C-1, General Commercial

District or any industrial zoning district.

3. A billboard shall not be less than fifty (50) feet from any other building or on-site sign or two hundred

(200) feet from another billboard on the same side of the street.

4. Billboards shall not be permitted on the same lot as any unified center shopping center.

5. The minimum front yard from any street or highway right-of-way shall be in accordance with the front

yard requirements of the applicable zoning district.

6. The minimum side or rear yard shall be five (5) feet, except as specified in Paragraph 7 below.

7. No billboard shall be permitted within one hundred (100) feet of a residential zoning district.

8. The sign face of a billboard shall not be greater than ten (10) feet in vertical dimension or greater than

thirty (30) feet in horizontal dimension and the maximum sign face area shall not exceed three hundred

(300) square feet.

9. A billboard shall not contain more than two (2) advertising sign per sign face.

10. A maximum of two (2) signs back-to-back shall be permitted per sign structure.

11. Double-decker sign faces are prohibited.

12. The maximum height of a billboard shall be twenty (20) feet above ground level at the base of the sign.

SECTION 522 TOWERS

The Communications Act of 1934, as amended by the Telecommunications Act of 1996 prohibits local governments from prohibiting or tending to prohibit any person from providing wireless telecommunications service. In compliance with this Act, erected telecommunications towers and other erected towers in excess of thirty five (35) feet in height shall be approved as conditional uses in the zoning districts in which said towers are allowable, provided such towers comply with or exceed the following minimum requirements:

522.01 The applicant proposing to construct any such tower shall submit an affidavit attesting to the fact that the applicant has made diligent, but unsuccessful efforts to obtain permission to share or co-locate the applicant's telecommunications facilities on a tower or usable antenna support or written technical evidence from an engineer that the applicant's telecommunications facilities cannot be installed or co-located on an existing tower or usable antenna support structure.

522.02 Any tower located in the airport hazard zone of the O'Neill Municipal Airport shall comply with the limitations imposed by the AHO, Airport Hazard Overlay District.

522.03 Any tower shall be set back from the right-of-way line of any public roadway or from the nearest wall of any

neighboring church, school, or residential dwelling by a distance equal to or exceeding the height of the tower.

522.04 The base of any tower shall be enclosed within a security fence or wall to preclude unauthorized access to the

tower.

522.05 When located within one hundred fifty feet of any residential zoning district, a landscape screen shall be installed along the boundaries of the tower site abutting any residential zoning district.

522.06 A condition of conditional use authorization of any tower shall be that the applicant shall agree to allow sharing or co-location by other telecommunications entities whenever possible.

522.07 Any tower shall not be artificially lighted, except as required by the Federal Aviation Administration. In cases where lighting is required and there are residentially zoned properties within three hundred percent (300%) of the height of a tower, any such tower shall be equipped with dual mode lighting.

SECTION 523 TEMPORARY USES

523.01 Temporary uses customary and commonly associated with the primary uses allowed within each zoning district shall be permitted and such uses shall be subject to the regulations of the applicable zoning district and the following time period restrictions:

Temporary Use Time Limit

Temporary office, model home or apartment and incidental signs necessary for

The sale, rental or lease of real property……………………………………………………….. 1 year

Temporary building or yard for storage of construction materials and equipment

necessary to the construction of a building or structure on or near the storage

premises………………………………………………………………………………………… 1 year

Mobile home or truck trailer parking as a temporary construction office during

construction of a building or structure on or near the office premises……………………… 1 year

Announcement signs in association with buildings under construction, demolition or

remodeling announcing the future use, developer, architect, engineer and contractor…… 1 year

Subdivision or building development signs necessary to advertise the sale, rental or

lease of real property within the subdivision or development………………………………… 1 year

Commercial construction / paving material batch plants necessary to construction

on or near the batch plant premises, provided such plants shall not be located in

any residential zoning district…………………………………………………………………… 6 months

Sites for the sale of fireworks, Christmas trees and similar seasonal items and signs

associated with such uses………………………………………………………………………… 60 days

Special events, such as meetings, exhibitions, sales, political campaign

Headquarters and similar special events………………………………………………………… 60 days

Temporary signs announcing a special event…………………………………………………… 60 days

Parking lot or areas designated for a special event……………………………………………… 30 days

Bazaars, carnivals, rummage, garage or yards sales, auctions and similar uses………………. 14 days / year

Other temporary uses customary to and commonly associated with the primary uses

permitted in each zoning district………………………………………………………………… 60 days

523.02 Temporary uses shall also comply with the following performance standards:

1. Except for the temporary use of a portable public address system in association with an auction, no public

address system or noise producing device shall be permitted in any residential zoning district.

2. Floodlighting or other lighting used in association with a temporary uses shall be restricted to lighting of the premises of the temporary use and shall not be directed or allowed to shine directly on to adjoining properties.

3. Temporary uses shall not block public street and alley intersection visibility and shall comply with Section 510 of this Ordinance.

4. Temporary uses shall not be permitted to use or occur on any public property, except as approved by the City Council and except for on street parking associated with a temporary use where such parking is permitted.

5. Temporary uses shall comply with the requirements of the zoning district in which the use occurs and signs associated with a temporary uses shall comply with the applicable regulations of Section 621 of this Ordinance.

SECTION 524 MANUFACTURED HOME - MOBILE HOME PARKS, COURTS AND

SUBDIVISIONS

524.01 Manufactured Homes, as defined in Section 303.91 of this Ordinance and Mobile Homes, as defined in Section 303.94 of this Ordinance, as well as site-built homes may be placed in manufactured home - mobile home parks, courts or subdivisions, provided such mobile home parks, courts or subdivisions have been authorized as a conditional use and such parks, courts or subdivisions meet the following minimum requirements:

524.02 Manufactured Home - Mobile Home Park / Court:

The following minimum requirements shall apply to any manufactured home - mobile home park or court

developed after the effective date of this Ordinance and to any expansion of any mobile home park or court already existing as of the effective date of this Ordinance:

1. A manufactured home - mobile home park or court shall have an area of not less than one (1) acre.

2. Each lot provided for manufactured or mobile home placement shall have on area of not less than four thousand (4,000) square feet and a minimum width of thirty six (36) feet.

3. The minimum front yard for each manufactured or mobile home shall be sixty (60) feet from any public street classified on the City’s Major Street Plan as a Major Arterial street (unrestricted right-of-way), thirty five (35) feet from any public street classified on such Plan as a Major Arterial (restricted right-of-way) Minor Arterial, or Collector Street or twenty (20) feet from any street classified as a local street or frontage road. A front yard shall be measured from the right-of-way line of any public street or from a point which is twelve (12) feet from the centerline of any private street providing access to the mobile home lot. For developed areas, as defined in this Ordinance, the minimum front yard shall be the average of the front yards, provided that no front yard shall be less than twenty (20) feet. A front yard may contain the vehicle parking spaces required for each mobile home lot.

4. The minimum side yard for each manufactured or mobile home or addition thereto shall be five (5) feet.

5. The minimum rear yard shall be fifteen (15) fee

6. Each manufactured home or mobile home lot shall be served by a hard surfaced street at least twenty four (24) feet in width. Any dead end street shall be provided with a hard surfaced turn-around at least sixty (60) feet in diameter.

7. Municipal water and sewage utilities shall be provided to each lot. The water supply shall be sufficient to

provide water for domestic consumption and adequate flow for fire protection. Fire hydrants shall be

installed so that no lot is more than one hundred fifty (150) feet from a fire hydrant measured along the

streets on the perimeter or within the mobile home park or court.

8. Each lot shall be provided with a minimum of two (2) off-street parking spaces. Parking spaces and

walkways connecting the parking spaces to the manufactured home or mobile home shall be hard

surfaced.

9. Street lighting within and on the perimeter of any manufactured home - mobile home park or court shall be in a manner equivalent with that required for other residential subdivisions within the City.

10. Not less than eight (8) percent of the total land area in the manufactured home - mobile home park or court shall be designated as common open space for a park and playground. Any such area shall be designed so that its length is not more than twice its width and is not traversed by any street or motor vehicle traffic.

11. If common refuse storage facilities are to be provided, such facilities shall not be located more than one

hundred fifty (150) feet from any mobile home lot and all refuse containers shall be screened from view

by a solid fence at least six (6) feet in height with hinged openings to permit dumping of waste into the

refuse containers and emptying of the containers.

12. The owner / management of the manufactured home - mobile home park or court shall prohibit storage of any materials, equipment, or trash receptacles, except licensed, operable vehicles, outside or underneath any manufactured home or mobile home unless such materials are stored in an enclosed building or inside an solid fence with a minimum height of six (6) feet.

13. All manufactured home and mobile homes located in a mobile home park shall be completely skirted, provided that skirting of recreational vehicles either pull type or motorized which are not designed for skirting shall not be required to be skirted.

14. All manufactured home and mobile home lots shall provide pads and anchors for support of and

windstorm protection for such homes and such pads and anchors shall be constructed in accordance with

manufacturer’s specifications or in the event of non-availability of such specifications, such pads and

anchors shall be constructed to meet the minimum requirements of 24 CFR 3280.

15. Each manufactured home or mobile home lot shall be provided with a minimum eighty (80) square foot

of enclosed storage space for storage of refuse containers, bicycles, mowers or other items. Such enclosed

storage space may be provided through providing a small storage building on each lot, by providing a

centralized storage building sufficient in size to meet the minimum square footage of storage area

requirement or by providing oversized garages sufficient in size to provide the required eighty (80) square

feet of storage area.

16. Not less than one reinforced storm shelter be provided for use by occupants of the manufactured home -

mobile home park or court in the event of hazardous storms. Such shelter shall be of adequate size and

capacity to safely house all occupants in the mobile home park or court and shall provide at least ten (10)

square feet of floor space for each person utilizing an average of two and one-half (2 ½) persons per

manufactured home or mobile home. Such storm shelter shall be located near the center of the

manufactured home - mobile home park or court to provide the shortest possible distance between all lots

within the park or court.

524.03 Manufactured Home - Mobile Home Park / Court Plan Requirements

As part of any conditional use application, the developer of any new or expanded manufactured home - mobile home park or court shall submit a complete, accurately scaled plan of the proposed park or court. Said plan shall include at least the following information:

1. The legal description and area of the land to be included in the park or court.

2. The number, size and location of each mobile home lot, including the location of required parking spaces and walkways.

3. A grading and drainage plan for the park of court.

4. The location and width of all streets and walkways.

5. The size and location of all water and sewer lines, fire hydrants and other infrastructure improvements

together with easement locations and widths.

6. The location of all proposed street lights and utility easements to provide power to such lights.

7. The location and dimensions of the required common recreational open space together with playground

equipment to be provided.

8. The location, size and capacity of the required reinforced storm shelter.

9. The location of all refuse storage areas, other buildings and structures and other improvements to be

provided in the park or court.

10. Plans and specifications of all buildings to be provided.

524.04 Manufactured Home - Mobile Home Subdivision

The following minimum requirements shall apply to any manufactured home - mobile home subdivision

developed after the effective date of this Ordinance and to any expansion of any manufactured home - mobile

home subdivision already existing as of the effective date of this Ordinance:

1. A manufactured home or mobile home subdivision shall have an area of not less than two (2) acres.

2. Each lot provided for manufactured home or mobile home placement, or site-built home shall have on area of not less than six thousand (6,000) square feet and a minimum width of fifty (50) feet, except that any lot to accommodate a double-wide mobile home shall have a minimum lot width of seventy (70) feet.

3. The minimum front yard for each manufactured home or mobile home shall be sixty (60) feet from any public street classified on the City’s Major Street Plan as a Major Arterial street (unrestricted right-of-way), thirty five (35) feet from any public street classified on such Plan as a Major Arterial (restricted right-of-way), Minor Arterial, or Collector Street or twenty (20) feet from any street classified as a local street or frontage road. For developed areas, as defined in this Ordinance, the minimum front yard shall be the average of the front yards, provided that no front yard shall be less than twenty (20) feet. A front yard may contain the vehicle parking spaces required for each mobile home lot.

4. The minimum side yard for each manufactured home or mobile home or addition thereto shall be five (5) feet.

5. The minimum rear yard shall be fifteen (15) feet.

6. Each manufactured home or mobile home lot shall be served by a dedicated public street developed in accordance with the standards set forth in the City’s Subdivision Regulation Ordinance.

7. Municipal water and sewage utilities shall be provided to each lot. The water supply shall be sufficient to

provide water for domestic consumption and adequate flow for fire protection. Fire hydrants shall be

installed so that no lot is more than one hundred fifty (150) feet from a fire hydrant measured along the

streets on the perimeter or within the mobile home park or court.

8. Each lot shall be provided with a minimum of two (2) off-street parking spaces. Parking spaces and

walkways connecting the parking spaces to the manufactured home or mobile home shall be hard

surfaced.

9. Street lighting within and on the perimeter of any manufactured home - mobile home subdivision shall be in a manner equivalent with that required for other residential subdivisions within the City.

10. The developer of the manufactured home - mobile home subdivision shall establish restrictive covenants which prohibit storage of any materials, equipment, or trash receptacles, except licensed, operable vehicles, outside or underneath any manufactured home or mobile home unless such materials are stored in an enclosed building or inside an solid fence with a minimum height of six (6) feet.

11. The developer of the manufactured home - mobile home subdivision shall establish restrictive covenants which require that each manufactured home or mobile home located in the mobile home subdivision shall be completely skirted.

12. Not less than one reinforced storm shelter shall be provided for use by occupants of the manufactured home - mobile home subdivision in the event of hazardous storms. Such shelter shall be of adequate size and capacity to safely house all occupants in the mobile home subdivision and shall provide at least ten (10) square feet of floor space for each person utilizing an average of two and one-half (2 ½) persons per mobile home. Such storm shelter shall be located near the center of the mobile home subdivision to provide the shortest possible distance between all lots within the subdivision and the developer shall make provisions for a homeowner’s association with assessment authority to provide sufficient funds with which the lot owners can properly maintain such storm shelter.

524.05 Manufactured Home - Mobile Home Subdivision Requirements

As part of any conditional use application, the developer of any new or expanded manufactured home - mobile home subdivision shall submit a complete, accurately scaled plat of the proposed subdivision in accordance with the requirements of the Subdivision Regulation Ordinance of the City.

SECTION 525 OCCUPANCY OF BASEMENTS AND CELLARS

No basement or cellar shall be occupied for residential purposes until the remainder of the building has been substantially constructed and can be occupied for residential purposes.

SECTION 526 OTHER GENERAL BUSINESS STANDARDS

Any business or industrial use shall comply with the following general business standards:

1. No music or audio advertising shall be permitted on the exterior of any business premises, except that music may

be permitted on the exterior of business enterprises during holiday seasons or special events, provided that the

number of special events shall not exceed two (2) per year and that the level of amplification of such music or

advertising shall not create an annoyance or nuisance to nearby businesses or other uses.

2. Each business shall provide adequate refuse containers for waste produced on the premises. Any waste container located on the exterior of a building, which is larger than six (6) cubic yards in capacity, shall be enclosed in an opaque fence or walled area and said fence or wall shall be sufficient height to hide said refuse container, but shall exceed six (6) feet in height.

3. No strobe or lighting utilizing rotating beacons or an attracting device of the type used by emergency vehicles as emergency or warning lights shall be permitted on the exterior of any building.

ARTICLE 6: NON-CONFORMING USES

SECTION 601 INTENT

601.01 Within the zoning districts established by this Ordinance or amendment thereto, there may exist lots,

structures, or use of land and structures, or characteristics of structures or use which were legally established on the date of adoption of this Ordinance, but which are prohibited, regulated, or restricted under the terms of this Ordinance or amendment thereto. It is the intent of this Ordinance to permit these non-conformities to continue until such are removed, but not to encourage their survival. It is further the intent of this Ordinance that non-conformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zoning district.

601.02 Non-conforming uses are declared by this Ordinance to be incompatible with permitted uses in the applicable

zoning district. A non-conforming use of a structure, of land or of a structure and land in combination shall not be extended or enlarged after adoption of this Ordinance by attachment on a building or premises of additional signs intended to seen from off the premises or by the addition of other uses which are prohibited in the applicable zoning
district.

SECTION 602 HARDSHIP

To avoid any undue hardship, nothing in this Ordinance shall be deemed to require a change in the plans, construction or designated use of any building or structure for which a zoning permit has been lawfully issued or for which actual construction has been lawfully initiated prior to the effective date of the Ordinance or amendment thereto where actual construction activity has been carried on diligently. Actual construction is defined to be the placing of substantial construction materials, other than earth, in a permanent position and fastened in a permanent manner. “Carried on diligently” shall be defined to mean that construction has been on-going except through the winter months, defined as being November 1 through April 1 of the following year.

SECTION 603 EXCEPTIONS

Notwithstanding other provisions of this Section, a lawfully established residential use rendered non

conforming by adoption of this Ordinance or amendment thereto may be enlarged, altered or reconstructed, provided that:

1. Such residential use shall comply with Section 602 of this Ordinance.

2. This provision shall not be construed to include more than one (1) use on a lot and shall be applicable so

long as such use remains otherwise lawful.

3. Any such enlargement or alteration shall not increase the non-conformity of the dwelling.

SECTION 604 NON-CONFORMING LOTS OF RECORD

602.01 In any zoning district in which single-family dwelling structures are permitted, a single-family dwelling and

its customary accessory buildings may be erected on a single lot which is a lot of record on the date of

adoption of this Ordinance or amendment thereto. Such lot of record must be in separate ownership and not

of continuous frontage with other lots in the same ownership. The provision shall apply even though such lot

fails to meet the requirements for area, width, or both, of the applicable zoning district, provided that yard

dimensions shall conform to the applicable zoning district regulations.

602.02 If two (2) or more lots or combinations of lots or portions of lots with continuous frontage and in the same

ownership are of record on the date of adoption of this Ordinance or applicable amendment thereto, and if all or part of the lots do not comply with the lot width and area requirements of the applicable zoning district, the lots or portions or lots involved shall be considered to be an undivided parcel for the purposes of this Ordinance and no portion of such lot or portions of lots shall be used or sold in a manner which would diminish compliance with the minimum lot width and area requirements of the applicable zoning district.

SECTION 605 NON-CONFORMING USES OF LAND WITH MINOR STRUCTURES

603.01 Where, at the date of adoption of this Ordinance or applicable amendment thereto, lawful use of land exists

which would not be permitted under the regulations of the applicable zoning district and where such use involves no individual structure with a replacement cost exceeding one thousand dollars ($1,000.00), the use may be continued so long as it remains otherwise lawful, provided:

1. If any such non-conforming use of land ceases for any reason for a period of more than twelve (12)

consecutive months, any subsequent use of such land shall conform in all respects to the requirements of

the applicable zoning district.

2. No additional structure shall be erected in connection with any such non-conforming use.

3. No such non-conforming use shall be moved, in whole or in part, to occupy any portion of the lot or parcel

on which such use was located on the date of adoption of this Ordinance or applicable amendment thereto.

4. No such non-conforming use shall be enlarged, increased in any way, or extended to occupy a greater area

of land than was occupied by such use as of the date of adoption of this Ordinance or applicable

amendment thereto.

SECTION 606 NON-CONFORMING STRUCTURES

604.01 Where a lawful structure exists on the date of adoption of this Ordinance or applicable amendment thereto

which could not be constructed under the requirements of this Ordinance by reason of restrictions or area,

lot coverage, height, yards, location or the lot, or other requirement concerning such structure, such

structure may be continued as long as it remains otherwise lawful, provided:

1. No such non-conforming structure may be enlarged or altered in any way which would increase its non

conformity, but any structure or portion thereof may be altered to reduce its non-conformity.

2 Should such structure or non-conforming portion of such structure be destroyed by any means to an extent

of more than seventy-five (75) percent of its replacement cost at the time of destruction, it shall not be

reconstructed, except in conformity with this Ordinance or applicable amendment thereto.

3. Should such structure be moved for any reason for any distance, it shall conform to the requirements of

this Ordinance or applicable amendment thereto at its new location.

SECTION 607 NON-CONFORMING USES OF STRUCTURES OR OF STRUCTURES

AND LAND IN COMBINATION

605.01 If a lawful use involving individual structures with a replacement cost of more than one thousand dollars

($1,000.00) or structure of such value and land in combination exists on the effective date of adoption of this

Ordinance or applicable amendment thereto, that would not be permitted in the applicable zoning district, the use
may be continued as long as it remains otherwise lawful, provided:

1. No such existing structure devoted to a use not permitted in the applicable zoning district shall be

enlarged, extended, reconstructed, moved or structurally altered, except in conjunction with changing the

use of the structure to a use permitted in the applicable zoning district.

2. Any non-conforming use may be extended throughout any parts of an existing building or area which was

manifestly arranged or designed for such use at the date of adoption of this Ordinance or applicable

amendment thereto, but no such use shall be extended to occupy any land outside such building or area.

3. If no structural alterations are made, any non-conforming use of a structure or structure and premises

may, as a conditional use, be changed to another non-conforming use provided that the Commission,

either by general rule or findings in the specific case, shall find that the proposed use is equally

appropriate or more appropriate to the applicable zoning district than the existing non-conforming use.

In permitting such change, the Commission may require compliance with conditions and safeguards

which it deems appropriate.

4. Any structure, or structure and land in combination, in or on which a non-conforming use is superseded

by a permitted use, shall thereafter conform to the requirements of this Ordinance and a non-conforming

use may not thereafter be resumed or established.

5. When a non-conforming use or structure, or structure and premises in combination, is discontinued or is

abandoned by twelve (12) consecutive months, except when governmental action impedes access to the

premises, the structure or structure and land in combination shall not thereafter be used except in

conformity with the requirements of this Ordinance.

6. Where a non-conforming use status applies to a structure or structure and land in combination, removal or

destruction of the structure by any means to an extent of more than seventy-five (75) percent of its

replacement cost at the time of such destruction it shall eliminate the non-conforming status of the land

and such structure and use shall not be reconstructed except in conformity with the requirements of this

Ordinance.

SECTION 608 REPAIR AND MAINTENANCE OF NON-CONFORMING STRUCTURES

606.01 Ordinary repairs and maintenance of or replacement of non-bearing walls, fixtures, heating and cooling

systems, wiring, plumbing, roofing material or similar non-structural building components is permitted, provided that such repairs,
maintenance or replacement does not increase the area or cubic content of the structure which existed on the date of adoption of
the Ordinance or applicable amendment thereto.

606.02 If a non-conforming structure or portion of a structure containing a non-conforming use becomes physically

unsafe or unlawful due to a lack of repairs or maintenance and is declared by any authorized official to be unsafe or
unlawful by reason of such physical condition, such structure shall not be restored, repaired, or reconstructed after
six (6) months from the date of such declaration.

SECTION 609 CONDITIONAL USES AND NON-CONFORMING USES

607.01 A use granted as a conditional use under the terms and requirements of the Ordinance shall not be

deemed a non-conforming use.

607.02 A non-conforming use may be converted to another non-conforming use as a conditional use in

accordance with Section 605.01, Subsection 3 of this Ordinance. A conditional use allowing a change from one non-conforming use to another non-conforming use shall remain a non-conforming use.

ARTICLE 7: CONDITIONAL USE PERMITTED BY

SPECIAL REVIEW

SECTION 701 GENERAL POWERS

The City Council may grant conditional uses to property owners for the use of their property as authorized by this Ordinance. The granting of a conditional use shall permit only the use requested that is among those uses listed in the applicable zoning district regulations as conditional uses. The Council may attach any conditions or additional requirements in authorizing a conditional use and such conditions or additional requirements shall be complied with in the same manner as any other requirement of this Ordinance. The conditional use authorization shall take effect upon authorization of the conditional use and issuance of a conditional use permit by the Zoning Administrator. The power to grant conditional uses shall be the exclusive authority of the City Council, provided that the City Council shall not consider any conditional use application until such application has been reviewed and recommendations provided to the City Council by the Planning Commission. The Planning Commission and City Council, when considering any application for a conditional use, shall comply with the following standards and procedures:

SECTION 702 APPLICATION REQUIREMENTS

A written application for a conditional use permit shall be submitted to the Zoning Administrator on the form provided by the Zoning Administrator. A conditional use application shall be filed with the Zoning Administrator at least fifteen (15) days prior to the date of any review of such application by the Planning Commission together with the established fee for review of such conditional use application. Such application shall include, but not be limited to, the following information:

1. A legal description of the property on which the proposed conditional use is requested, including the specific size and dimension of the area on which the proposed conditional use would be located if less than the total property owned by the applicant;

2. The size and locations of all existing and proposed buildings and structures;

3. A detailed description of the use proposed and the activities involved in such use;

4. The location(s) of access to public roadway(s);

5. The type and locations of easements effecting the property;

6. A description of the provisions made for adequate water supply, sewage disposal, public

utilities and erosion control;

7. The extent and location of parking, loading, outdoor storage areas and refuse disposal and collection facilities;

8. A description and location of any screen fencing or landscape screening proposed;

9. A description of the size, height and location of any proposed signs;

10. An indication of the land uses on all properties adjoining the property on which the conditional use is proposed;

11. An indication of surface water drainage onto, through and off of the subject property which would occur after development of the proposed conditional use;

12. A description of how the use or uses proposed will address the compatibility issues of traffic generation, noise, odor, dust, potential air, water or soil pollution or explosion hazards or other compatibility issue which may result from the proposed use;

13. Any areas on the property subject to flooding or considered to be a wetland.

SECTION 703 PROCEDURE AND PUBLIC HEARINGS

703.01 PLANNING COMMISSION PUBLIC HEARING: For any action on a conditional use application, the City Clerk shall have published a written notice in the legal newspaper of the City at least ten (10) days prior to the date of the Planning Commission meeting at which the conditional use request is scheduled to be heard. Such notice shall state the date, time and place of such public hearing and contain a statement describing the legal description, street address and type of conditional use requested, the name of the person(s) or entity making application for a conditional use and a statement indicating that all interested citizens can attend this public hearing and be heard with regard to this application.

703.02 PLANNING COMMISSION REVIEW AND RECOMMENDATION: The Planning Commission shall hear and review each conditional use application within thirty (30) days of the date that a complete application for a conditional use is submitted to the Zoning Administrator. The Planning Commission shall hear the applicant’s petition and all comments by the public and shall review such application with regard to the factors, issues, requirements and limitations set forth in Section 704 of this Ordinance.

The Planning Commission, after review of the application, shall, by majority vote, act to recommend approval or disapproval the application, provided that if the Commission recommends approval of such application it shall specify conditions and limitations which it recommends to assure that the proposed use will not unreasonably impact neighboring properties and the neighborhood and community in general. The Commission, in its review of a conditional use application, shall consider the issues and factors set forth in Section 704 of this Ordinance. If the Commission recommends disapproves an application, it shall state the reason(s) for such disapproval. The recommendations of the Planning Commission, together with recommended conditions of approval or recommended reasons for disapproval shall be recorded in the minutes of the Commission and such recommendations shall be forwarded by the Zoning Administrator to the City Council for its consideration. The Zoning Administrator shall provide the written statement of the action of the Planning Commission, including any recommended conditions of approval to the applicant.

If the Planning Commission determines that additional information is needed with regard to the conditional use application, it may continue the public hearing until the next meeting of the Planning Commission to provide time for the applicant to provide such additional information. The Chairperson of the Commission shall indicate to the applicant what additional information is needed and shall state the date, time and location of the next meeting of the Planning Commission at which the conditional use will again be considered.

703.03 CITY COUNCIL PUBLIC HEARING: For any action on a conditional use application, the City Clerk shall have published a written notice in the legal newspaper of the City at least ten (10) days prior to the date of the City Council meeting at which the conditional use request is scheduled to be heard. Such notice shall state the date, time and place of such public hearing and contain a statement describing the legal description, street address and type of conditional use requested, the name of the person(s) or entity making application for a conditional use and a statement indicating that all interested citizens can attend this public hearing and be heard with regard to this application.

703.04 CITY COUNCIL REVIEW AND ACTION: The City Council shall hear, review and decide each conditional use application at it next regular meeting after hearing and recommendation on each conditional use application by the Planning Commission. The City Council, at public hearing, shall:

1. consider and review the application,

2. consider the comments of all interested citizens,

3. review and consider the recommendations of the Planning Commission, and

4. consider the issues and factors set forth in Section 704 of this Ordinance.

After such public hearing, review and consideration, the City Council shall, by majority vote, either:

1. approve the application as proposed,

2. deny the application,

3. approve such application with conditions, or

4. table the application to a specified date, time and place to provide for further study and review.

Any City Council action to authorize a conditional use shall be recorded in the minutes of the Council together with all conditions applicable to such authorization and the Zoning Administrator shall be instructed to attach such conditions to a conditional use permit to be forwarded to the applicant. Any City Council action to deny an application shall be recorded in the minutes of the City Council together with the reason(s) for such denial and the City Council shall cause a letter stating the reasons for the denial to be sent to the applicant.

SECTION 704 RULES GOVERNING CONSIDERATION AND AUTHORIZATION OF CONDITIONAL USES

704.01 The Planning Commission and City Council, in considering an application for a conditional use, shall prior to any action on a conditional use application, consider the definition of "conditional use" as defined in Section 303.32 of this Ordinance and which reads as follows:

Conditional Use: A use of land that would not be appropriate generally or without restriction throughout a zoning district, but which, if controlled as to number, size, height, i ntensity, location or relationship to the surrounding property would promote the public health, safety, morals, convenience and general welfare.

The Planning Commission and City Council shall also, prior to any action on a conditional use application, consider the following factors with regard to evaluation of the appropriateness of a proposed conditional use:

1. The location of all ingress and egress points to the property on which the conditional use is proposed to be

located with particular reference to pedestrian and vehicle safety and convenience, traffic flow and control

and access by emergency vehicles.

2. The impact of off-street parking and loading areas and related traffic, noise, glare and other impact on

adjoining properties and the neighborhood in general.

3. The location and adequacy of refuse collection and utility locations and easements.

4. The adequacy of surface drainage provisions proposed and the impact of surface drainage on neighboring properties and existing drainage facilities.

5. The adequacy of landscape screening or buffering proposed or the need for such screening or buffering to protect abutting properties.

6. The appropriateness of the location, size and height of signs and exterior lighting with regard to impact

on abutting properties and the neighborhood in general.

7. The compliance with yard and open space requirements of the applicable zoning district.

8. The overall compatibility of the proposed conditional use with abutting properties and the neighborhood

in general, the possible impacts on property values in the area of the proposed conditional use and the consistency of the proposed use with the City's Comprehensive Plan.

9. The possible long-term impacts on and the long-term compatibility of the proposed conditional use with abutting properties and the neighborhood and community in general.

10. Other factors, peculiar to the conditional use requested which could negatively impact abutting properties,

the neighborhood or the community in general.

The Planning Commission may recommend and the City Council, in authorizing any conditional use, may stipulate and require compliance with such conditions and restrictions as it deems appropriate to assure that any conditional use authorized will not unreasonably impact the value of neighboring properties, traffic levels on adjoining streets, capacities of public utilities, surface drainage and the general public health and safety of the community.

In the event a proposed conditional use is to be temporary in nature, the Planning Commission may recommend and the City Council may stipulate a time limit for the operation of such use. If a proposed conditional use is to be a permanent use, evaluation of the appropriateness of the proposed use shall include an evaluation of the long-term impacts on and long-term compatibility with abutting properties, the neighborhood and the community in general. If such a permanent use is authorized, such authorization shall be without a time limit.

SECTION 705 EXPIRATION OF CONDITIONAL USES

Construction or development of any authorized conditional use shall be commenced within twelve (12) months after issuance of a conditional use permit by the Zoning Administrator after authorization of such conditional use by the City Council. If such construction or development does not occur within this time, the conditional use authorization and permit become null and void. The applicant may, however, file a written request for an extension of the conditional use authorization and permit stating the length of the extension requested and the reason(s) such extension is needed. After proper legal notice in accordance with Section 703 of this Ordinance, the City Council shall review the extension request and decide if such conditional use remains appropriate. The City Council may grant an extension of up to twelve (12) additional months or it may deny the extension request and, in either case, the action of the City Council shall be recorded in the minutes of the Council together with the reason(s) for such action. The City Council shall cause a letter stating the Council’s action and reason(s) for such action to be provided to the applicant.

ARTICLE 8: BOARD OF ADJUSTMENT

SECTION 801 CREATION, TERMS OF OFFICE, MEETINGS, RULES

801.01 A Board of Adjustment is hereby created and shall be known as the O'Neill, Nebraska Board of Adjustment. The Board members shall be appointed by the Mayor with concurrence of the City Council and shall consist of five (5) regular members plus one (1) alternate member who shall attend meetings, but shall not vote on any petition before the Board, except when a regular member of the Board is unable to attend a meeting.

801.02 One (1) member of the Board of Adjustment shall be appointed from the membership of the Planning

Commission and the loss of membership on the Planning Commission by such member shall also result in the immediate loss of membership on the Board of Adjustment and the appointment of another member of the Planning Commission to the Board of Adjustment.

801.03 The members of the Board of Adjustment shall serve for terms of three (3) years and be removable for

cause by the Mayor and City Council upon written charges and after public hearing. Each member shall serve until a successor has been appointed. Vacancies shall be filled by appointment for the unexpired term of any member who has ceased to be a member of the Board.

801.04 The members of the Board of Adjustment shall annually elect, from its membership, a Chairperson and

Vice Chairperson. The members shall also appointed a Secretary, who may be a member of the Board or an officer or employee of the City.

801.05 The Board of Adjustment shall adopt rules in accordance with the provisions of this Ordinance. Meetings of

the Board shall be held at the call of the Chairperson and at such other times as the Board may determine. The Chairperson, or the Vice Chairperson, may administer oaths and compel attendance of witnesses.

801.06 The quorum for the Board of Adjustment shall be a minimum of three (3) members. Passage of any motion by the Board on any question, EXCEPT THOSE MATTERS REQUIRING A PUBLIC HEARING, shall require a concurring vote of a minimum of three (3) members. Passage of any motion on a matter which requires a public hearing shall require a concurring vote of a minimum of four (4) members.

801.07 All meetings of the Board of Adjustment shall be open to the public. The Board shall cause accurate minutes of its proceedings to be prepared and such minutes shall include members in attendance, evidence presented, findings of fact by the Board, all motions and decisions of the Board together with any conditions attached to such decisions and the vote of each member. Records of all official actions of the Board shall be maintained in the Office of the City Clerk and shall be open to public inspection.

SECTION 802 POWERS AND DUTIES

The Board of Adjustment shall have the powers and duties herein described and shall have ONLY such powers and duties.

802.01 POWERS AND JURISDICTION RELATING TO ADMINISTRATIVE REVIEW

The Board of Adjustment shall have the power and responsibility to hear and decide appeals from any affected person where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Administrator, based on or made in the enforcement of this Ordinance or any regulation relating to the location or soundness of structures, or to interpret any map.

1. The Board of Adjustment shall hear and determine appeals from any requirement, interpretation

or decision of the Zoning Administrator. Upon filing of an appeal, the Board shall fix a time and place

for hearing of the appeal. Public notice of the time, place and subject of such hearing shall be published

in the legal newspaper of the City at least ten (10) calendar days prior to the date fixed for such hearing.

A copy of such notice shall be mailed to the person or persons who filed the appeal.

2. Appeals to the Board of Adjustment may be taken by any person aggrieved, or by any officer, department, board or bureau affected by any decision of the Zoning Administrator regarding the interpretation and enforcement of this Ordinance. Such appeal shall be filed within a reasonable period of time, as provided by the rules of the Board, by filing a notice of appeal with the Zoning Administrator and the Board specifying the grounds for such appeal and such notice shall be accompanied by payment of any fee established for filing of such appeal. The Zoning Administrator shall provide all papers constituting

the applicable records of the Administrator to the Board on or before the date of the hearing set for

hearing the appeal.

3. An appeal stays all proceedings in furtherance of the action appealed unless the Zoning Administrator certifies to the Board, after a notice of appeal has been filed, that by reason of facts in such case, that a stay would cause imminent peril to life or property. In such case proceedings shall not be stayed, except by a restraining order which may be granted by the Board or Court.

802.02 POWERS AND JURISDICTION RELATING TO MAP INTERPRETATION

The Board of Adjustment shall have the power and responsibility to hear and decide questions regarding the interpretation of the Official Zoning Map in the same manner as the hearing of an appeal and in accordance with the limitations set forth in Section 406 of this Ordinance.

802.03 POWERS AND JURISDICTION RELATING TO VARIANCES

The Board of Adjustment shall have the power to authorize, in specific cases, a variance from the specific terms of this Ordinance which will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this Ordinance would, in an individual case, result in unnecessary hardship, and provided that the spirit of this Ordinance shall be observed, public safety and welfare secured, and substantial justice done. A variance may be granted in such case upon findings of the Board that ALL of the following conditions have been met:

1. Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the enactment of this Ordinance, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of each specific piece of property, the strict application of any applicable provision of this Ordinance would result in peculiar or exceptional practical difficulties to, or exceptional and undue hardship upon the owner of such property, the Board of Adjustment shall have the power to authorize a variance from the strict application of such applicable provision so as to relieve such difficulties or hardship if such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this Ordinance. No such variance shall be authorized by the Board unless and until it finds that:

A. the strict application of the applicable provisions of this Ordinance would produce undue difficulty or

hardship,

B. such difficulty or hardship is not generally shared by other properties in the same zoning district and

the same vicinity,

C. the authorization of a variance shall not be of substantial detriment to adjacent property and the

character of the zoning district will not be changed by the authorization of a variance,

D. the authorization of a variance is based upon reasons of demonstrable and exceptional difficulty or

hardship, as distinguished from a variance for purposes of the property owner’s convenience, profit,

or caprice,

E. the condition or situation of the property concerned or the intended use of the property is not of so

general or recurring nature as to make reasonably practicable the formulation of a general

regulation to be adopted as an amendment to this Ordinance.

2. A variance from the terms of this Ordinance shall not be granted by the Board of Adjustment

unless and until a written application for a variance is submitted to the Zoning Administrator. Such

application shall be in the form prescribed by the Board and the applicant shall identify the special

conditions and circumstances which are peculiar to the land, the structure(s) or building involved which,

in the opinion of the applicant, are not applicable to other lands, structures, or buildings in the same

zoning district. The applicant shall also 1) state the reason(s) that a literal enforcement of the applicable

provision(s) of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties

in the same zoning district under the terms of this Ordinance, 2) indicate why the conditions or

circumstances related to such variance do not result from the action of the applicant, and 3) the reason(s)

that granting of the requested variance will not confer any special privilege on the applicant that is denied

by the provisions of this Ordinance to other land, structures, or buildings in the same zoning district.

3. A non-conforming use of neighboring land, structure(s) or building(s) in the same zoning district, and

permitted or non-conforming uses of land, structure(s) or building(s) in other zoning districts shall not be

considered grounds for difficulty or hardship and thus the authorization of a variance.

4. Upon filing of a variance application with the Zoning Administrator, notice of public hearing shall be published in the same manner as set forth in Subsection 801.02 above and the Board of Zoning Adjustment shall conduct a public hearing. Any party may appear in person or be represented by agent or attorney. Upon closing of such public hearing the Board shall take any of the following actions:

A. Continue the application for a specified period of time to allow the Board to gather more information

in regard to the variance application. In acting to continue such application the Board shall set a

specific date, time and place where it shall take further action of continued application,

B. Deny the application for a variance and state the reason(s) for such denial,

C. Authorize a variance, provided that the Board shall make written findings that particular reasons set

forth in the application justify the authorization of a variance and that the variance is the minimum

variance that will make possible the reasonable use of the land, structure(s) or building(s) and shall

make written findings that the authorization of said variance will be in harmony with the general

purpose and intent of this Ordinance and will not be injurious to abutting property, the property in the

vicinity of the subject property or be otherwise detrimental to the public welfare.

5. In authorizing any variance, the Board of Adjustment may prescribe any conditions and safeguards it believes are appropriate to protect abutting property, property in the vicinity and the public in general. Violation of such conditions and safeguards by the applicant shall be deemed a violation of this Ordinance and punishable under Section 1102 of this Ordinance.

6. Under no circumstances shall the Board of Zoning Adjustment authorize a variance to allow a use not

permitted under the regulations of any zoning district or any use expressly or by implication prohibited by

the regulations of any zoning district.

SECTION 803 BOARD OF ADJUSTMENT HAS POWERS OF ZONING ADMINISTRATOR UPON APPEAL

In exercising the above mentioned powers, the Board of Adjustment may reverse or affirm, wholly or partially, or may modify the order, requirement, decision, or interpretation as ought to be made and to this end shall have all powers of the Zoning Administrator, provided that a concurring vote of four-fifths (4/5) of the members of the Board shall be necessary to reverse any order, requirement, decision or interpretation of the Zoning Administrator or to decide in favor of any applicant upon which it is required to act under this Ordinance or to authorize any variance to this Ordinance.

SECTION 804 APPEALS FROM DECISIONS OF THE BOARD OF ADJUSTMENT

Any person or persons, jointly or severally, aggrieved by any decision of the Board of Zoning Adjustment, or

any taxpayer, or any officer, department, board or bureau of the City may present to the District Court a petition, duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of such illegality as provided for in law. Such petition must be presented to the Court within fifteen (15) days after the filing of the decision of the Board of Zoning Adjustment in the Office of the City Clerk.

ARTICLE 9: ADMINSTRATIVE PROCEDURE AND

ENFORCEMENT OF THIS ORDINANCE

SECTION 901 ORGANIZATION

The administration and enforcement of this Ordinance is hereby vested in the Planning Commission, the Board of Zoning Adjustment, the Zoning Administrator and such other officials designated by the City Council as may be necessary to enforce this Ordinance.

SECTION 902 AUTHORITY

902.01 PLANNING COMMISSION

1. Hear and provide recommendations to the Mayor and City Council regarding amendments to this

Ordinance or the Official Zoning Map.

2. Review and administer all matters upon which it is required to act.

3. Establish uniform bylaws and rules of procedure pertaining to review of applications, conduct of public

hearings and issuance of permits.

4. Periodically review the effectiveness of the Comprehensive Plan and requirements of this Ordinance and

initiate and recommend amendments thereto.

5. Invoke any authorized legal, equitable or special remedy for the proper and effective enforcement of this

Ordinance.

6. Hear and decide conditional use applications in accordance with the requirements and limitations of this

Ordinance.

7. Conduct or review special studies and prepare recommendations as may be required by law or requested

by the Mayor and City Council.

902.02 BOARD OF ZONING ADJUSTMENT

1. Hear and decide appeals from and review and order, requirement, decision, or determination made by the

Zoning Administrator.

2. Hear and authorize specific variances from the terms of this Ordinance which will not be contrary to the

public interest, where owing to special conditions fully demonstrated, a literal enforcement of the

provisions of this Ordinance will result in unnecessary hardship.

3. Hear and decide appeals regarding the Official Zoning Map in accordance with the limitations set forth in

this Ordinance.

4. Establish uniform bylaws and rules of procedure pertaining to review of applications, conduct of public

hearings and issuance of permits.

5. Invoke any authorized legal, equitable or special remedy for the proper and effective enforcement of this

Ordinance.

902.03 ZONING ADMINISTRATOR

1. Issue in the name of the City, building permits, occupancy permits, conditional use permits and

other permits required or appropriate to the proper administration and enforcement of this Ordinance and

maintain records thereof.

2. Conduct inspections of buildings, structures, and the use of land to determine compliance with the terms

of this Ordinance and report said findings to the Commission and Board of Zoning Adjustment for

purposes of ordering compliance with this Ordinance.

3. Provide interpretation of this Ordinance and Official Zoning Map when requested by an applicant, the

Commission or the Board of Zoning Adjustment and provide and maintain public information relative to

all matters rising out of this Ordinance.

4. Maintain permanent and current records related to this Ordinance including, but not limited to all maps,

amendments, certificates and permits, variances, conditional uses, appeals and applications therefore and

records of meetings and public hearings.

SECTION 903 RESPONSIBILITIES

1. It is the intent of this Ordinance that all questions of interpretation and enforcement shall first be

presented to the Zoning Administrator and that such questions shall be presented to the Board of Zoning

Adjustment only on appeal from the decision of the Zoning Administrator and that recourse from the

decisions of the Board of Zoning Adjustment shall be to the courts as provided by law.

2. It is further the intent of this Ordinance that the duties of the City Council in connection with this

Ordinance shall not include hearing and deciding questions of interpretation and enforcement. The

procedure for deciding such questions shall be as stated herein. Under this Ordinance, the City Council

shall have only the duties of appointment of a Zoning Administrator, the funding of such office and

necessary legal services to enable proper administration and enforcement of this Ordinance, considering

and adopting or denying proposed amendments to this Ordinance or the Official Zoning Map or the repeal

of this Ordinance and of establishing of fees and charges as stated in this Ordinance.

3. If the Zoning Administrator shall find that any of the provisions of this Ordinance are being violated,

he/she shall notify the person responsible for such violation in writing, indicating the nature of the

violation and order the action(s) necessary to eliminate the violation. He / She shall order removal of

illegal buildings, structures and discontinuance of uses of land and order the elimination of any other type

of violation to ensure compliance with the requirements of this Ordinance and shall take any other action

authorized herein and by statute to insure compliance with or to prevent violation of this Ordinance.

SECTION 904 ZONING PERMITS REQUIRED

No building or other structure shall be erected, moved, added to, expanded or structurally altered without a

zoning permit authorizing such activity, issued by the Zoning Administrator. No zoning permit shall be issued by the Zoning Administrator except in conformity with all applicable provisions of this Ordinance, unless the Zoning Administrator shall receive a written order from the Board of Adjustment in the form of a variance, authorized under the terms and conditions of this Ordinance.

902.06 APPLICATION FOR ZONING PERMIT

1. An application for a zoning permit shall be accompanied by plans, drawn to scale, showing the actual

dimensions and shape of the lot to be built upon, the sizes and locations of buildings or structures already

existing on said lot, if any, the location and dimensions of the proposed building(s) or addition or

expansion thereof. All dimensions relating to lot dimensions shall be provided by the applicant and the

applicant shall assume the liability with regard to any errors in said dimensions. The applicant may

request the assistance of the Zoning Administrator in the location of lot pins to verify lot line locations,

provided that the Zoning Administrator shall not be responsible for establishing lot corner locations where

lot pins are missing and shall not be responsible for reestablishment of any missing lot pins.

2. The application shall include such other information as may be required by the Zoning Administrator, including the identification of building alterations, existing and proposed uses of the building(s) and land, the number of families, housekeeping units, or rental units the building is designed for, conditions existing on the lot, easement locations, and such other matters as may be necessary to determine conformance of the proposed building, structure or use with this Ordinance and its enforcement.

3. One (1) copy of any approved zoning permit, together with any conditions of such permit shall be

provided to the applicant by the Zoning Administrator. If a application for a zoning permit is denied,

the Zoning Administrator shall indicate to the applicant the reason(s) for such denial. The Zoning

Administrator shall maintain a permanent record of all applications for zoning permits and maintain

One (1) copy of each permit which is approved. The issuance of a zoning permit shall, in no case, be

construed by the applicant or any other person or persons as waiving any requirement of this Ordinance.

SECTION 905 CERTIFICATE OF ZONING COMPLIANCE (OCCUPANCY PERMIT) FOR NEW, ALTERED, NON-ALTERED OR NON-CONFORMING USE

1. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both,

or part thereof, created, erected, changed, converted, or wholly or partly altered or enlarged in its use until

a Certificate of Zoning Compliance shall have been issued by the Zoning Administrator. Said certificate

shall state that the use or uses of the building or premises conforms to the requirements of this Ordinance

and authorize occupancy of such building or premises for the use or uses so stated.

2. No Certificate of Zoning Compliance shall be issued by the Zoning Administrator except in conformity

with the requirements of this Ordinance, unless the Administrator has received a written order from the

Board of Adjustment in the form of a variance for any attribute of the building, structure or premises other

than the use, authorized under the terms and conditions of this Ordinance.

3. If the Zoning Administrator determines that the construction or development for which a zoning permit

has been issued is not proceeding according to applicable requirements of this Ordinance or is contrary in

any way to the information and conditions included on such approved zoning permit, or is otherwise

proceeding in violation of law, the zoning permit shall be revoked and the Zoning Administrator shall

issue a “Stop Work Order” to the applicant whose name and address is indicated on the affected building

permit.

4. A Certificate of Zoning Compliance shall not be issued to any non-conforming use, except when a non

conforming use is converted to a permitted use or another non-conforming use which is authorized in

accordance to the requirements of the Ordinance.

5. When a Certificate of Zoning Compliance is requested by any applicant between November 1 and April

30 of any year and all required landscape screens or buffers required by this Ordinance have not or cannot

be installed due to weather conditions, the Zoning Administrator shall issue a Certificate of Zoning

Compliance, provided the applicant shall first submit a detailed landscaping plan conforming to the

definition(s) of landscape screen and / or landscape buffer set forth in this Ordinance to the Zoning

Administrator and shall sign and certify on said plan that the landscaping indicated shall be installed by

June 30 of the following year if the Certificate of Zoning Compliance is issued on or before November 1,

and by June 30 of the same year if said certificate is issued between January 1 and April 30. This deferred

landscaping provision shall not apply to any Certificate of Zoning Compliance issued on dates other than

specified in this paragraph.

6. The Zoning Administrator shall maintain a permanent record of all Certificates of Zoning Compliance

issued. Failure to obtain a Certificate of Zoning Compliance shall be a violation of this Ordinance and

shall be punishable under Section 1002 of this Ordinance.

SECTION 906 EXPIRATION OF ZONING PERMIT

If the construction described in any issued zoning permit has not been initiated within Six (6) months from the date of the issuance thereof, said zoning permit shall expire and be canceled by the Zoning Administrator

with written notice thereof provided to the applicant for such permit. If the construction described in an issued zoning permit has not been completed beyond one-fourth (1/4) of it construction cost within two (2) years from the date of issuance thereof, said zoning permit shall expire and be canceled by the Zoning Administrator with written notice thereof indicating to the applicant for such permit that no further construction shall proceed unless a new zoning permit has been issued.

A zoning permit and Certificate of Zoning Compliance issued on the basis of plans and application and

approved by the Zoning Administrator authorize only the use, arrangement and construction set forth in such

permit or certificate and no other use, arrangement or construction. Any use, arrangement or construction at

variance with the approved permit or certificate shall be deemed a violation of this Ordinance and punishable in accordance with Section 1102 of this Ordinance.

SECTION 907 SCHEDULE OF FEES AND CHARGES

The fees and charges for a rezoning application, conditional use application, variance application, zoning permit, Certificate of Zoning Compliance, or such other permit as may be utilized under the terms of the Ordinance shall be as established by the City Council and shall be paid by the applicant at the time of application. A schedule of fees and charges shall be posted in the Office of the Zoning Administrator and may be amended only by action of the City Council. Until all applicable fees and charges are paid, no action shall be taken on any permit or certificate.

ARTICLE 10: AMENDMENT

SECTION 1001 GENERAL REQUIREMENTS

The City Council may from time to time supplement, change, or generally revise the zoning district boundaries and regulations contained in this Ordinance by amendment. A proposal for any such amendment may be initiated by the City Council, the Planning Commission, or upon application of the owner of property affected by this Ordinance. A filing fee, as established by the City Council, shall be required for each application to be considered by the Planning Commission and City Council. A proposal for amendment initiated by the Planning Commission or City Council shall not require payment of any fee.

SECTION 1002 SUBMISSION OF PROPOSED AMENDMENT TO PLANNING

COMMISSION

1002.01 All proposed amendments shall first be submitted to the Planning Commission for review, comment

and recommendation. Public notice of the time and place of a public hearing shall be given by publication thereof in the legal newspaper of the City at least Ten (10) days prior to such hearing. Such notice shall contain a statement regarding the proposed amendment in regulations or boundaries of any zoning district. In addition to the publication of notice prescribed above, a notice shall be posted in a conspicuous place on or near the property on which amendment action is pending. Such notice shall not be less than eighteen (18) inches in height and twenty four (24) inches in width with a white or yellow background and black letters not less than one and one-half (1 ½) inches in height. Such posted notice shall be so placed upon the premises that it is easily visible from the street nearest the premises and shall be so posted at least ten (10) days prior to the date of such public hearing. It shall be unlawful for anyone to remove, mutilate, destroy, or change such posted notice. If the record owner(s) of any lots included in such proposed amendment be non-residents of the City, a written notice of such hearing shall be mailed by first class mail to such owner(s), addressed to their last known address at least ten (10) days prior to the date of such public hearing.

1002.02 At the option of the City Council, in place of the posted notice, the owners and occupants of the real

estate to be affected by any proposed amendment and all owners and occupants of all real estate located within three hundred (300) feet of the real estate affected by the proposed amendment shall be mailed a written notice of the public hearing by first class mail at least ten (10) days prior to such public hearing.

1002.03 The provisions of a notice of public hearing published in the legal newspaper of the City, in accordance with

the content and time requirements of such public notice as specified herein shall be applicable, but the posted

notice or written notice mailed to property owners provisions, as specified herein, shall not apply when:

1. the proposed amendment applies throughout the entire area of an existing zoning district or the entire

areas of the City and its jurisdictional area,

2. the amendment proposes the establishment of additional or different types of zoning districts, whether or

not such additional or different districts are made applicable to areas, or parts of areas, already within a

zoning district or the City and its jurisdictional area.

SECTION 1003 PLANNING COMMISSION CONSIDERATION OF AMENDMENTS

Following a public hearing on any amendment, the Planning Commission shall formulate a recommendation

to the City Council to be summarized in the minutes of the Commission which shall constitute a report to the City Council. For action by the Commission on any amendment, a quorum of one (1) more than one-half (1/2) of the total membership of the Commission shall be present and voting. A vote either for or against the amendment by a majority of the Commission members, but at least the number of members which constitutes a quorum, shall constitute a recommendation of the Commission. The Planning Commission shall cause its recommendation to be forwarded to the City Council.

SECTION 1004 CITY COUNCIL CONSIDERATION AND ACTION ON AMENDMENTS

Upon receipt of a recommendation from the Planning Commission regarding any amendment, the City

Council shall give public notice of a public hearing in the same manner as prescribed in Section 1002 above.

The City Council may approve or reject the recommendations of the Planning Commission with regard to any

amendment. If the Commission should fail to submit a recommendation, the City Council may take such

action as it deems appropriate regarding such amendment. If any amendment which is approved by the City

Council affects the boundaries of any zoning district, the ordinance adopted by the City Council shall define

the change in the boundaries of the zoning district, shall order that the Official Zoning Map be modified to

reflect such amendment, and shall amend the Article and Section of this Ordinance, incorporating the same

and reincorporating the Official Zoning Map.

SECTION 1005 PROTESTS

Regardless of whether or not the Planning Commission recommends approval or disapproval of a proposed amendment or fails to provide a recommendation to the City Council, if a protest against any amendment is filed in the Office of the City Clerk within fourteen (14) days after the date of the conclusion of the public hearing pursuant to said publication notice, duly signed and acknowledged by the owners or twenty (20) percent or more of any real property, excluding rights-of-way for public streets and ways, located within or outside of the corporate limits of the City and located within Three Hundred (300) feet of the boundaries of the property proposed to be rezoned, the Ordinance adopting such amendment shall not be passed except by at least three-fourths (3/4) of all members of the City Council.

ARTICLE 11: COMPLAINTS, VIOLATIONS, PENALTIES AND REMEDIES

SECTION 1101 COMPLAINTS REGARDING VIOLATIONS

Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the cause and basis thereof, shall be filed with the Zoning Administrator. The Administrator shall properly record such complaint, immediately investigate the complaint, and take action thereon, as required by this Ordinance.

SECTION 1102 PENALTIES FOR VIOLATION

The owner(s) or agent of a building, structure or premises in or upon which a violation of any provisions of this Ordinance has been committed or shall exist or lessee or tenant or an entire building or entire premises in or upon which such violation shall exist, or the agent, architect, engineer, building contractor or any other person who commits, takes part or assists in any violation or who maintains any building or premises in or upon which a violation shall exist shall be guilty of a misdemeanor and shall be punished by a fine not to exceed one hundred dollars ($100.00) for any one offense recoverable with costs. Each and every day that such violation continues after notification of any violation 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 proper local authorities of the City of O'Neill, Nebraska, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure or land, or prevent any illegal act, conduct of business or use in or about such premises.

SECTION 1103 REMEDIES

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building or structure or land is used in violation of this Ordinance, the Zoning Administrator and such other authorities of the City may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use of land, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business, or use in or about such premises.

ARTICLE 12: LEGAL STATUS PROVISIONS

SECTION 1201 SEVERABILITY

Should any Article, Section, Subsection or provisions of this Ordinance be declared by the Court to be unconstitutional or invalid, such decision shall not affect the validity of this Ordinance as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.

SECTION 1202 PURPOSE OF CATCH HEADS

The titles appearing in connection with the foregoing Articles and Sections are inserted simply for convenience to serve the purpose of any index and they shall be wholly disregarded by any person, officer, court or other tribunal in construing the terms and provisions of this Ordinance.

SECTION 1203 REPEAL OF CONFLICTING ORDINANCES

All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent necessary to give this Ordinance full force and effect.

SECTION 1204 EFFECTIVE DATE

This Ordinance shall take effect and be in force from and after its passage and publication according to law.

PASSED AND APPROVED THIS ______ DAY OF _________________, 2003.

_______________________________________

Mayor

_______________________________________

Attest: City Clerk

SUBDIVISION REGULATIONS

of
O'Neill, nebraska

as updated and amended – October, 2003

Stahr & Associates, Inc.

Community & County Planning - Economic Development Consultants

1512 Road 13 Telephone (402) 362-2526

York , Nebraska 68467 Fax (402) 362-2526

TABLE OF CONTENTS

Article, Section and Topic Page No.

ARTICLE 1 - GENERAL PROVISIONS

Section 101 - Title………………………………………………………………………… 1

Section 102 - Application………………………………………………………………… 1

Section 103 - Purpose…………………………………………………………………….. 1

ARTICLE 2 - APPLICATION

Section 201 - Application and Authority…………………………………………………. 2

Section 202 - Interpretation………………………………………………………………. 2

Section 203 - Vacation of Plats…………………………………………………………… 3

Section 204 - Saving Provision…………………………………………………………… 3

ARTICLE 3 - RULES AND DEFINITIONS

Section 301 - Interpretation………………………………………………………………. 4

Section 302 - Rules………………………………………………………………………. 4

Section 303 - Definitions………………………………………………………………… 4

ARTICLE 4 - AUTHORITIES AND DUTIES

Section 401 - Authorities and Duties of the Planning Commission……………………… 8

Section 402 - Authorities and Duties of the Secretary of the Planning Commission……. 8

Section 403 - Authorities and Duties of the Governing Body…………………………… 8

ARTICLE 5 - PROCEDURES

Section 501 - Preliminary Consultation………………………………………………….. 9

Section 502 - Preliminary Plat Application……………………………………………… 9

Section 503 - Final Plat Application…………………………………………………….. 13

ARTICLE 6 - SUBDIVISION DESIGN STANDARDS

Section 601 - General Requirements…………………………………………………….. 19

Section 602 - Streets……………………………………………………………………… 19

Section 603 - Alleys……………………………………………………………………… 22

Section 604 - Blocks……………………………………………………………………… 22

Section 605 - Lots………………………………………………………………………… 22

Section 606 - Sidewalks………………………………………………………………….. 23

Section 607 - Flood and Topographic Hazard Areas…………………………………….. 24

Section 608 - Easements…………………………………………………………………. 24

Section 609 - Community Assets………………………………………………………… 24

Section 610 - Reservation and Dedication of Public Land and Open Space…………….. 24

Section 611 - Dedication…………………………………………………………………. 24

ARTICLE 7 - REQUIRED IMPROVEMENTS

Section 701 - General Requirements…………………………………………………… 25

Section 702 - Monuments and Markers……………………………………………… 25

Section 703 - Street Grading…………………………………………………………….. 26

Section 704 - Street Construction……………………………………………………….. 26

Section 705 - Street Name Signs………………………………………………………… 27

Section 706 - Culverts……………………………………………………………………. 27

Section 707 - Sidewalks………………………………………………………………….. 27

Section 708 - Driveways…………………………………………………………………. 27

Section 709 - Street and Walkway Lighting……………………………………………… 27

Section 710 - Drainage…………………………………………………………………… 27

Article, Section and Topic Page No.

Section 711 - Utility Installation…………………………………………………………. 28

Section 712 - Shared Improvement Costs………………………………………………… 31

Section 713 - Subdivision Improvement Guarantees…………………………………….. 32

Section 714 - Operation and Maintenance of Improvements……………………………. . 34

ARTICLE 8 - VARIANCES AND EXCEPTIONS

Section 801 - Granting of Variances to this Ordinance………………………………….. 35

Section 802 - Minor Subdivisions……………………………………………………….. 35

Section 803 - Administrative Subdivisions……………………………………………… 36

ARTICLE 9 - ADMINISTRATION

Section 901 - General…………………………………………………………………….. 37

Section 902 - Objection Period…………………………………………………………… 37

Section 903 - Violations and Penalties…………………………………………………… 37

ARTICLE 10 - AMENDMENTS

Section 1001 - Amendments………………………………………………………………. 38

ARTICLE 11 - LEGAL STATUS PROVISIONS

Section 1101 - Repeal of Conflicting Ordinances……………………………………….. 39

Section 1102 - Severability………………………………………………………………. 39

Section 1103 - Additions………………………………………………………………… 39

Section 1104 - Effective Date……………………………………………………………. 39

SCHEDULE A - MINIMUM STREET STANDARDS…………………………………………… 40

APPENDIX 1 - PLAT ADMINISTRATION FORMS AND CHECKLISTS…………………….. 41

ARTICLE 1 - GENERAL PROVISIONS

SECTION 101 TITLE

This ordinance may be known and may be cited and referred to as “Subdivision Regulation Ordinance of the City of O'Neill , Nebraska ” to the same effect as if the full title were stated.

SECTION 102 APPLICATION

These regulations shall apply to all land located within the corporate limits of the City of O'Neill, Nebraska and within the one (1) mile planning and zoning jurisdiction area of the City, as indicated on the Official Zoning Map of the City of O'Neill, Nebraska, as same may be amended from time to time.

SECTION 103 PURPOSE

The purpose and intent of these regulations is:

A. To establish uniform rules, procedures and standards governing the subdivision of land,

B. To assure the public that necessary public facilities will be provided in any subdivision in an amount and size

commensurate with the size of the subdivision and the uses which will occur in the subdivision,

C. To secure suitable sites for building purposes and protect the property values thereof,

D. To provide the public with assurance that all subdivisions will be improved in accordance with established

public policy,

E. To coordinate land development with the Comprehensive Plan in the laying out of public ways, places,

structures, utilities and services,

F. To supply proper land records for the convenience of the public and for appropriate identification and permanent location of real estate boundaries, all in accordance with applicable statutes.

ARTICLE 2 - APPLICATION

SECTION 201 APPLICATION AND AUTHORITY

The requirements of this Ordinance shall be applied to any and all divisions of a lot, tract or parcel of land into two (2) or more lots, sites or other divisions of land for the purpose, whether immediate or future, of ownership or building development, including the re-subdivision of land or lots, except that the division of land in which the smallest parcel created or remaining is more than ten (10) acres, such division shall not be considered a subdivision and the provisions of this Ordinance shall not apply to the subdivision of burial lots in cemeteries. Further, the regulations set forth in this Ordinance shall apply as follows:

A. Each separate principal use / building within the jurisdiction of this Ordinance shall be situated on a single and separate lot of record unless otherwise provided in the Zoning Ordinance of the City of O'Neill , Nebraska .

B. No subdivision of land shall be permitted within the jurisdiction of this Ordinance unless a plat of such subdivision is approved in accordance with the provisions of this Ordinance. Further, no lot in a subdivision may be sold, transferred or negotiated to sell, no permit to erect, alter, or repair any building upon land in a subdivision , and no building may be erected in a subdivision unless a final plat has been approved by the Planning Commission and City Council and recorded in the Office of Holt County Register of Deeds.

D. No officer, employee, or agent of the City of O'Neill , Nebraska shall issue a zoning / building permit, or make any water or sewer connection for any building or buildings constructed or proposed to be constructed on land subdivided contrary to the provisions of this Ordinance. No officer, employee or agent of the City shall perform or cause to be performed any construction or maintenance upon any street or public way purported to be dedicated as a public street or public way by virtue of being shown on a plat, unless such plat shall have been approved as provided for in this Ordinance. These prohibitions shall not apply to any plat of dedication legally recorded prior to the enactment of this Ordinance.

E. No excavation of land or construction of any public or private improvements which require a permit shall take place or be commenced on any parcel of land which was created by subdivision after the effective date of this Ordinance except in conformity with the requirements and regulations of this Ordinance.

SECTION 202 INTERPRETATION

Under the authority to regulate the subdivision of land set as forth in Nebraska statutes and in their interpretation and application, the provisions of this Ordinance shall:

A. be held to be minimum requirements, adopted for the promotion of public health, safety, morals, or general welfare. Wherever the requirements of the Ordinance are at variance with any other lawfully adopted rules, regulations, ordinances, the most restrictive or that imposing the higher standards shall govern.

B. not be intended to abrogate any easement, covenant or any other private agreement or restriction, provided that where the provisions of this Ordinance are more restrictive or impose higher standards than such easement, covenant or other private agreement or restriction, the requirements of this Ordinance shall apply.

SECTION 203 VACATION OF PLATS

Any plat or any part of a plat of a subdivision may be vacated in accordance with the following:

A. Any plat or any part of plat may be vacated by the owner(s) of record of the property affected, at any time prior to the sale of any lot therein, by a written instrument, duly executed, acknowledged and approved, to which a copy of such plat shall be attached, declaring the same to be vacated.

B. Such written instrument for vacation of a plat shall be reviewed by the Planning Commission and referred for action by the City Council in the same manner as subdivision plat approvals. The City Council may reject any such plat vacation instrument which abridges or destroys any public rights-of-way in any of its public uses, improvements, streets or alleys.

C. Such written instrument, when executed, acknowledged and approved, shall be recorded in like manner as plats of subdivisions and being duly recorded shall operate to destroy the force and effect of the recording of the plat so vacated, and to divest all public right in the streets, alleys, and public grounds laid out or described in such plat being vacated.

D. In cases where any lots have been sold, the plat may be vacated, as herein provided, only by all owners of the lots in such plat joining in the execution of the written instrument and only if such vacation will not result in a defacto subdivision of land where a re-plat of the land is needed and required by this Ordinance.

SECTION 204 SAVING PROVISION

These regulations shall not be construed as abating any action now pending under, or by virtue of prior existing subdivision regulations, or as discontinuing, abating, modifying, or altering any penalty accruing or about to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the City under any section or provision existing at effective date of these regulations, or as vacating or annulling any rights obtained by any person, firm or corporation, by lawful action of the City, except as shall be expressly provided for in these regulations.

ARTICLE 3 - RULES AND DEFINITIONS

SECTION 301 INTERPRETATION

For the purposes of this Ordinance, certain terms or words used herein shall be interpreted according to the rules and definitions set forth in this Article, except when the context clearly indicates otherwise.

SECTION 302 RULES

A. The word person includes firm, association, corporation, organization, partnership, trust, company, as well as the individual.

B. The present tense includes the future tense; the singular number includes the plural, and the plural number includes the singular.

C. The words “shall” and “will” are mandatory while the word “may” is permissive.

D. The words “used” or “occupied” include the words intended, designed, or arranged to be used or occupied.

E. The word “lot” includes the words plot or parcel.

SECTION 303 DEFINITIONS

303.01 Alley: a public way, which affords only a secondary means of vehicular access to the back or side of property otherwise abutting a street.

303.02 Block: an area of land bounded by streets, railroad rights-of-way, waterways, parks, undeveloped land, or a combination thereof.

303.03 Bond: any form of security, including cash deposit, security bond, collateral, property, or instrument of credit in an

amount and form satisfactory to the City Council which meets the intent of such security required by this Ordinance.

303.04 Building Setback Line: lines with a lot which run parallel to the front, side and rear lot lines and set back from said

lot lines a distance as prescribed by the applicable zoning regulations, thus delineating the buildable lot area.

303.05 Commission: the Planning Commission of O'Neill, Nebraska .

303.06 Common Open Space: an area of land or water or combination thereof, planned for passive or active recreation

use, which does not include areas for streets, alleys, driveways or private roads, off-street parking or loading areas, or required front yards. Such area may include recreational facilities such as swimming pools, tennis courts and other such outdoor recreational facilities.

303.07 Common Sewer System: a sanitary sewerage system in public ownership, which provides for the collection and

treatment of domestic and other effluent in one or more centralized treatment plants and which meet the minimum requirements of the Nebraska Department of Environmental Quality.

303.08 Common Water System: a publicly owned water system which provides for the supply, storage and distribution of

potable water on an uninterrupted basis

303.09 Comprehensive Plan: the Comprehensive Plan of the City of O'Neill , Nebraska , adopted by the City

Council as a guide for the development and improvement of the City.

303.10 Covenant: a binding agreement made between a subdivider of land and the purchaser(s) of such subdivided land to

do or keep from doing specified things.

303.11 Cul-de-sac: a vehicular turnaround area which is located at the closed end of dead-end street or alley.

303.12 Culvert: a transverse drain that channels water under a street, driveway or other improvement.

303.13 Density: the number of lots per gross acre of land area in a subdivision computed by dividing the gross acreage of

the subdivision into the total number of lots in the subdivision.

303.14 Easement: a grant by the property owner for the use of a strip of land for a specific purpose by a specific person, a

public utility or the general public.

303.15 Engineer: any person registered to practice professional engineering by the State of Nebraska .

303.16 Final Plat: a map, prepared in accordance with the provisions of this Ordinance, indicating the subdivision of land, which is intended to be recorded for public record in the Register of Deeds of Holt County, Nebraska.

303.17 Flood Plain: those lands within the jurisdiction of this Ordinance which are subject to a One percent (1%) or

greater chance of flooding in any given year, as determined on an Official Flood Hazard Boundary Map or Flood Insurance Rate Map issued by the Federal Insurance Administration, U.S. Department of Housing and Urban Development and any revisions thereto.

303.18 Frontage: the length of any lot, tract or parcel which abuts a street, measured along the dividing line between the

street and the lot, tract or parcel. A lot, tract or parcel which abuts more than one street shall have two (2) or more frontages.

303.19 Full Control of Access: the condition where vehicular access to an arterial street or roadway, including its location,

is fully controlled in connection with streets to give preference to through traffic by providing access connections to such arterial street or roadway only from selected streets and by prohibiting crossing at grade and direct driveway connections to such arterial street or roadway.

303.20 Governing Body: the City Council of the City of O'Neill , Nebraska .

303.21 Improvements: street pavement or resurfacing, curbs, gutters, sidewalks, water lines, sewer lines, storm drains,

street lights, flood control and drainage structures, utility lines, landscaping, grading and other facilities and changes normally associated with the development of land for building sites.

303.22 Land Area: the entire area within a subdivision, including lots, open space, and streets and alleys. Where streets

and alleys occur on the perimeter of a subdivision the land area shall include the land area to the centerline of such perimeter streets or alleys.

303.23 Lot : a parcel of land identified and intended as a unit of transfer of ownership or development.

303.24 Lot Area: the horizontal area of a lot computed exclusive of any portion of a street or alley.

303.25 Lot Depth: the distance between the front lot line and the rear lot line. For irregular shaped lots, the depth shall be

the distance from the front lot line and the rear lot line between the midpoints of straight lines connecting the front-most and rear-most points of the side lot lines.

303.26 Lot of Record: a tract or land described as in integral portion of a subdivision plat or a parcel of land described by

metes and bounds which has been properly and legally recorded in the Office of the Register of Deeds of Holt County, Nebraska.

303.27 Major Street Plan: a written component of the duly adopted Comprehensive Plan which indicates and delineates

the classification of existing and proposed streets or roads within the jurisdiction of this Ordinance.

303.28 Marginal Access Street : a minor street which run parallel and adjacent to an arterial street and which serves to

limit and control the number of vehicular access points to such arterial street. A marginal access street is commonly referred to as a frontage road.

303.29 Monument: permanent concrete or iron marker used to establish definitely all corners and lines of the plat of a

subdivision on the ground, including all lot corners, boundary lines, corners, and points of change in street alignment.

303.30 Off-site: any premises not located within the property being subdivided, whether or not such premises is in the

same ownership and control as the subdivision.

303.31 Out Lot : a parcel of land shown on a subdivision plat outside of the boundaries of the land which is being

subdivided and which is to be excluded from the subdivision.

303.32 Owner: Any person, group of persons, firm or firms, corporation or corporations or any legal entity having legal

title to or sufficient proprietary interest in the land proposed to be subdivided.

303.33 Partial Control of Access: The condition where vehicular access including its location is partially controlled in

connection with arterial streets or roadways to give preference to through traffic on such arterial streets or roadways to a degree that in addition to selected streets, there may be permitted some crossings of such arterial streets or roadways at grade and some direct driveway connections, with the design and location approved by public authority, including the City Council.

303.34 Pedestrian Way : A right-of-way dedicated to public use, which cuts across a block to facilitate pedestrian access to

adjacent streets or properties.

303.35 Preliminary Plat: a map, prepared in accordance with the requirements of this Ordinance, indicating a tentative

subdivision of land, intended for guidance in the preparation of a final plat.

303.36 Private Street: an approved privately-owned open and unoccupied space, other than a public street or alley,

reserved as the principal means of vehicular access to abutting property.

303.37 Public Improvements: any drainage ditch, roadway, parkway, sidewalk, pedestrian way, landscaping, parking area,

lot improvement, utility line, or other facility for which the local government may ultimately assume the responsibility for maintenance and/or operation, or which may affect an improvement for which local government responsibility is established.

303.38 Public Way: an alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, land,

parkway, right-of-way, road sidewalk, street, tunnel, viaduct, overpass or other ways in which the general public or a public entity has a right or which is dedicated for public use, whether improved on not.

303.39 Re-subdivision: a change in the plat of an approved or recorded subdivision if such change affects any street

layout, area reserved for public use, easement, or any lot line or if it affects any plat legally recorded prior to the effective date of this Ordinance.

303.39 Right-of-Way: a strip of land used or intended to be used for pedestrian, vehicular, and utility line circulation and

access for the general public. Said strip of land is that total area between the boundary lines of the street, alley or

easement which is not reserved for the exclusive right of any individual property owner.

303.41 Sale or Lease: any immediate or future transfer of ownership or any possessory interest in land, including contract

for sale, lease, devise, intestate succession, or transfer of any interest in a subdivision or part thereof, whether by metes and bounds description, deed, contract, plat, map, lease device, intestate succession or other written means.

303.42 Screen Planting / Buffer Strip: an area of land devoted to fences, walls, hedges, shrubs, trees, grass and other

landscape materials for the purpose of obstructing view, absorbing sound and providing desirable delineation of

property.

303.43 Street: a right-of-way, dedicated to public use, or a private roadway, which provides the principal means of

vehicular access to abutting property. Streets shall be classified in accordance with the City’s Major Street Plan and

shall include:

A. Local (Minor) Street / Road: a street or road which is used primarily for access to properties abutting on such street and which carries relatively small volumes of vehicular traffic.

B. Collector Street / Road: a street or road designed to accept vehicular traffic from local streets / roads and link such traffic to employment centers, public facilities and other points of attraction and to link such traffic with arterial streets or roads. Collector streets or roads may also provide access to properties abutting such streets or roads and carry higher volumes of traffic than do local streets or roads.

C. Arterial Street / Road: a street or road designed to accept traffic from local and arterial streets and transport such traffic at higher volumes and higher speeds into, through or out of a community or county.

303.44 Subdivider: The owner or owners of land, legal and equitable, who causes land to be divided into a subdivision.

303.45 Subdivision: the division of a lot, tract or parcel of land into two (2) or more lots, sites or other division of land for the purpose, whether immediate or future, of transfer of ownership or building development, including the re-subdivision of land or lots and the lease of any land for building development, except that the division of land in which the smallest parcel created or remaining is more than ten (10) acres, such division shall not be considered a subdivision and the provisions of this Ordinance shall not apply and the provisions of this Ordinance shall not apply to the subdivision of burial lots in cemeteries. For purposes of this definition and to classify the types of subdivisions with regard to the review and approval processes established in this Ordinance, the following sub-definitions shall apply:

Major Subdivision: any subdivision not classified herein as a minor or administrative subdivision.

Minor Subdivision: any subdivision or land containing not more than three (3) lots fronting on an existing improved street, not involving any new street, street extension, or extension of public utilities, or any other public improvements, and not adversely affecting the remainder of the parcel or adjoining properties and not in conflict with any provision of the Major Street Plan, the Comprehensive Plan, the Zoning Ordinance or these regulations.

Administrative Subdivision: any further subdivision of existing lots or blocks whenever all required public improvements have been installed, no new dedication of public rights-of-way or easements is involved, and such subdivision complies with the provisions of the Major Street Plan, the Comprehensive Plan, the Zoning Ordinance or these regulations.

303.46 Surveyor: any person registered to practice land surveying in the State of Nebraska .

ARTICLE 4 - AUTHORITIES AND DUTIES

SECTION 401 AUTHORITIES AND DUTIES OF THE PLANNING COMMISSION

The Planning Commission shall have the following duties and responsibilities with regard to this Ordinance:

A. Review and recommend approval, denial or conditional approval of preliminary and final plats and transmit preliminary and final plats together with appropriate recommendations to the Governing Body for action.

B. Make other determinations and decisions as may be required of the Planning Commission from time to time by this Ordinance, and by the applicable sections of the Nebraska Statutes related to subdivision of land.

C. Make recommendations to the City Council regarding exceptions to the terms of this Ordinance relative to approval of particular subdivisions.

SECTION 402 AUTHORITIES AND DUTIES OF THE SECRETARY OF THE PLANNING COMMISSION

The Secretary of the Planning Commission shall have the following duties with regard to this Ordinance, provided that all or part of the duties herein listed may be assigned and performed by other City Officials including the Zoning Administrator or City Clerk:

A. Maintain permanent and current records with respect to these regulations including amendments thereto. Keep minutes and agendas of all meetings and hearings.

B. File copies of all subdivision applications, together with applicable filing fees, with the City Clerk.

C. Transmit final plats and related subdivision improvements plans and specifications together with Planning Commission recommendations to the Governing Body for its action.

D. Send notice of intent to subdivide to owners of record of land within 200 feet of property being considered for subdivision or re-subdivision.

SECTION 403 AUTHORITIES AND DUTIES OF THE GOVERNING BODY

The City Council shall have the following duties and responsibilities with regard to this Ordinance:

A. Consider Planning Commission recommendations on final plats and approve, approve conditionally, or disapprove preliminary and final plats and subdivision improvements plans and specifications.

B. Determine the appropriateness of any financial participation by the City in the engineering and / or

development of subdivisions.

C. Consider and provide for financial guarantees regarding installation of approved subdivision improvements.

D. Cause inspections of all subdivision improvements to be made to assure compliance of such improvements with

the approved plans and specifications.

E. Take other actions as required from time to time to assure proper enforcement of this Ordinance.

F. Consideration of and adoption of amendments to this Ordinance.

ARTICLE 5 - PROCEDURES

Any person desiring to subdivide land within the jurisdiction of this Ordinance shall comply with the procedures set forth herein and in the sequence specified.

SECTION 501 PRELIMINARY CONSULTATION

Prior to the filing of an application for approval of a preliminary plat or other subdivision, the subdivider shall consult with the Zoning Administrator and/or the Planning Commission and shall present an indication of the proposed subdivision in the form of an approximate sketch showing all contiguous land holdings of the subdivider, together with information regarding physical conditions on the property involved, the type of development proposed, proposed improvements, including layout of streets and lots, methods of providing for water supply, sewage disposal and other public utilities and surface drainage, and any legal encumbrances. The purpose of this preliminary consultation is to afford the subdivider an occasion to avail himself / herself of the advice and assistance of the Administrator before the preparation of a preliminary or final plat of a subdivision in order to conserve time and expense for the subdivider.

The Administrator / Planning Commission shall advise the subdivider regarding the type of subdivision procedure applicable to such proposed subdivision and indicate the type of plat (preliminary, final, minor or administrative) that is required along with the provisions of applicable laws and regulations, including the provisions of the zoning regulations and this Ordinance, the desirability and acceptability of the proposed subdivision design and improvements and the degree of conformity or non-conformity of the proposed subdivision with the Comprehensive Plan.

The subdivider shall be responsible for all engineering fees related to the preparation of the preliminary plat and supporting information as required to be provided as set forth in Section 402.04 of this Ordinance. In addition, the subdivider shall be responsible for payment of preliminary plat filing review fee as set forth in the Schedule of Fees for Preliminary and Final Plats, established by the City Council and that the subdivider shall be responsible for payment of final plat filing and review fees as set forth in said Schedule of Fees.

The pre-application process shall not require formal application or any payment of fees.

SECTION 502 PRELIMINARY PLAT APPLICATION

502.01 SUBMISSION

The subdivider shall take into consideration the advice offered by the Zoning Administrator and the City Engineer in preparing and submitting an application for preliminary plat approval. The subdivider shall submit to the Zoning Administrator, ten (10) copies of the preliminary plat and four (4) copies of the supplemental material specified in Section 502.04 herein, together with one (1) written application on a form specified by the City. The land area to be included in any preliminary plat shall include all contiguous land holdings of the subdivider (owner). The subdivider shall submit a complete application at least fifteen (15) days prior to the date of the next regularly scheduled meeting of the Planning Commission at which the subdivision request is to be heard.

502.02 CHECKING OF APPLICATION

Upon submission of a subdivision application, the Zoning Administrator shall check it for completeness. If complete the application shall be docketed for public hearing at the next Planning Commission meetings. If the application is incomplete, the Zoning Administrator shall not docket the application for hearing and shall notify the subdivider that the application is incomplete and specify what additional data is needed. The Zoning Administrator shall notify the subdivider of any incompleteness within five (5) days of the date of filing of the application. If the application has not been filed in time to cause public notice of the proposed subdivision to by published at least ten (10) days prior to the next Planning Commission meeting, such application shall be docketed for hearing at the following meeting of the Commission.

502.03 FEES

A preliminary plat filing and review fee shall be paid by the subdivider and shall accompany the application submitted. The amount of such fee shall be in accordance with the Schedule of Fees adopted by the City Council, as may be amended from time to time.

502.04 SCALE AND PRELIMINARY PLAT CONTENTS

Preliminary plats shall be drawn at a scale of one (1) inch to fifty (50) feet or one (1) inch to one hundred (100) feet on a maximum sheet size of twenty-four (24) inches by thirty-six (36) inches, and shall include the following information:

A. The name of the proposed subdivision, the acreage of the land in the proposed subdivision and the location of the subdivision by specific legal description;

B. The name(s) of the owner(s) of the land within the subdivision and the name of the land planner, surveyor or engineer who prepared the preliminary plat;

C. Date, north point and graphic scale of the plat map;

D. The names and addresses of owners of property abutting the proposed subdivision;

E. The location and dimensions in feet and hundreths of feet of the property lines and the locations and dimensions in feet of lot lines, and building setback lines, if such building setback lines are to be in excess of these required by the applicable zoning regulations;

F. The location(s) of any existing building(s) or structure(s) to be retained;

G. The names and dimensions of all existing streets and the proposed names and dimensions of all

proposed street rights-of-way with approximate grades and curve radii and pavement widths;

H. The location of existing and proposed water and sewer lines;

I. Existing and proposed topographic contours at two (2) foot intervals if the average slope is less than five (5) percent and at five (5) foot intervals if the average slope is five (5) percent or more and an indication of any areas within the proposed subdivision which are subject to flooding, provided that topographic information for any portion of the contiguous land holdings included in the preliminary plat which are not proposed to be subdivided may be provided utilizing enlargements of topographic maps provided by the United States Geological Survey instead of detailed topographic survey data.

J. The location of existing trees with trunks twelve (12) inches in diameter or greater, measured two (2) feet above the ground. Clumps of trees may be identified as a group of trees without precisely locating each tree;

K. A clear indication of the proposed course of surface water drainage from the point(s) where the water enters and leaves the subdivision together with the courses of all surface drainage within the subdivision and outside of the subdivision to the point where such water enters a water course or

existing recognized storm drain and the locations of proposed storm sewers, culverts and related drainage facilities: (Refer to Section 710 of this Ordinance for drainage report requirements).

L. The location and size of proposed easements, dedications and reservations of land, including any proposed park or common open space sites reserved for common or public use;

M. An indication of the proposed phasing of the subdivision development.

N. An indication of how the proposed subdivision improvements are to be financed. Such improvements shall be financed by the subdivider unless the City Council shall agree to finance a portion of the improvements, under the conditions set forth in Section 712.05 of this Ordinance, and / or assess all or a portion of the cost of such improvements and / or the final plat engineering thereof against the subdivision.

502.05 NOTIFICATION OF SCHOOL BOARD

At least ten (10) calendar days prior to the Planning Commission meeting at which the preliminary plat is to be considered, the Administrator shall submit a copy of the proposed preliminary plat to the Board of the school district in which the proposed subdivision is located, together with a notice of the Planning Commission public hearing, date, time and location.

502.06 NOTIFICATION OF AND REVIEW BY OTHERS

At least seven (7) working days prior to the Planning Commission meeting at which the preliminary plat is to be considered, the Zoning Administrator shall submit one (1) copy of the proposed preliminary plat to the City Council, the City Engineer (if the City Engineer was not involved in the engineering of the preliminary plat), the City Utilities Superintendent, the fire department, electrical and natural gas suppliers, and telephone and cable television company which will serve the proposed subdivision together with a communication requesting review and comment by these entities with regard to proper design of the subdivision, easement locations and ability to serve the proposed subdivision. For subdivisions outside of the corporate limits of the City, the County Zoning Administrator and utility entities providing water, electrical power and natural gas shall also be provided with a similar communication and request for review and comment. All comments received shall be summarized by the Zoning Administrator and submitted to the Planning Commission at the meeting at which the proposed preliminary plat is to be considered.

502.07 NOTICE OF PUBLIC HEARING

The Zoning Administrator or other City official designated by the Administrator shall cause a notice of public hearing regarding the preliminary plat to be published at least ten (10) days prior to such public hearing. Such notice shall be published in the designated newspaper in general circulation in the City and shall contain the legal description of the proposed subdivision together with the name of the subdivider and the date, time and location of the public hearing of the Planning Commission. The Zoning Administrator shall also cause copies of such public notice to be mailed to all record owners of property abutting the proposed subdivision at least ten (10) days prior to such public hearing.

502.08 PLANNING COMMISSION ACTION ON A PRELIMINARY PLAT APPLICATION

Following the public hearing and during consideration of the preliminary plat. The Planning Commission shall determine if the preliminary plat is consistent with the Comprehensive Plan, the Major Street Plan, the requirements of the applicable zoning regulations and is consistent with the requirements of this Ordinance. In its deliberations, the Commission shall consider all comments and recommendations of the Zoning Administrator, the City Engineer, the City Utilities Superintendent, the Fire Department, the School Board and the public utilities involved. The Planning Commission shall, within forty five (45) days, recommend approval as proposed, approval with conditions or denial of the preliminary plat.

The Commission shall also consider what phasing in final platting is proposed to determine if such phasing is reasonably consistent with market demand and the ability for the subdivider to market all lots created in each phase within five (5) years from the date of final plat approval. The Commission shall provide recommendations regarding appropriate phasing of the subdivision to the City Council for its consideration.

Commission shall state the specific reason(s) for such recommendation. The Commission shall cause the subdivider to be notified in writing of its action within thirty (30) days of such public hearing and such notification shall state any conditions of approval or any reasons for rejection as specified in Section 502.09 below.

502.09 RECORDING OF ACTION BY THE COMMISSION

The action of the Commission shall be recorded in the minutes of the Commission and attached to three (3) copies of the preliminary plat together with a listing of any recommended conditions of approval or reason(s) for rejection. One (1) copy shall be provided to the subdivider, one (1) copy shall be forwarded to the City Council and one (1) copy shall be retained by the Commission.

502.10 CITY COUNCIL ACTION ON PRELIMINARY PLAT APPLICATION

Following a public hearing, advertised in the same manner as set forth in Section 502.07 of this Ordinance, and consideration of the recommendations of the Planning Commission, the City Council shall approve, approve conditionally, or deny a preliminary plat. The City Council determine the acceptability of any proposed street, alley or other dedications and shall impose any conditions or requirements necessary to assure that the preliminary plat is in conformance with the requirements of this Ordinance, the Major Street Plan and the Comprehensive Plan and may impose any other condition to assure that the development of the subdivision will not result in any harm to adjoining property or the City in general.

If a subdivider petitions the City Council seeking financial participation in the final plat engineering and / or development of the infrastructure improvements in the proposed subdivision, the City Council shall determine if such participation is warranted in accordance with the conditions for such City participation set forth in Section 712.05 of this Ordinance. If the City Council shall determine that financial participation by the City complies with the conditions set forth in Section 712.05 of this Ordinance, and if any such participation is to include assessment of all or a portion of the costs of final plat engineering and development of the subdivision against the property contained with the subdivision, the City Council and the subdivider shall reach an agreement with regard to phasing of the final platting and subdivision development which complies with the requirements of Section 713.03 of this Ordinance.

502.11 PRELIMINARY PLAT APPROVAL IS CONDITIONAL

City Council approval of a preliminary plat shall not constitute approval of a final plat for all or any part of the subdivision contained in the preliminary plat. Rather, such approval shall be deemed an expression of approval to the layout and preliminary design of the subdivision to be used as a guide in the preparation of any final plat or all or part of the subdivision contained in the preliminary plat which shall be subject to further consideration by the Commission and consideration and approval by the City Council. Similarly, any City Council determination of the appropriateness of financial participation by the City and agreement of any phasing for final platting and development of the subdivision shall not constitute approval of any financial participation by the City. Any final agreement with regard to City participation shall be determined at the time of final platting when detailed engineering estimates of costs will be available for consideration by the City Council.

502.12 EXPIRATION OF AN APPROVED PRELIMINARY PLAT

Unless a final plat for all or part of the subdivision proposed in an approved preliminary plat has been submitted for consideration by the Planning Commission and City Council, the approval of the preliminary plat shall expire two (2) years from the date of the original preliminary plat approval by the City Council unless the subdivider formally requests an extension of such expiration and can show good cause why the City Council should grant an extension. Upon such a request and upon showing of good cause, the Council may grant an extension for any length of time it determines to be appropriate for the proper planning and development of the City.

SECTION 503 FINAL PLAT APPLICATION

503.01 SUBMISSION REQUIREMENTS

All final plat applications for review and approval shall conform to the approved preliminary plat and any conditions of approval of such preliminary plat, as well as all applicable standards set forth in this Ordinance and other applicable laws and regulations. If desired by the subdivider, a final plat may constitute only a portion of the land area contained in the approved preliminary plat to facilitate phasing of the subdivision development. Such phasing shall be in a manner as agreed by the City Council in the approval of the applicable preliminary plat.

The subdivider shall submit to the Zoning Administrator, ten (10) copies of the proposed final plat and four (4) copies of the supplemental material and subdivision improvement plans and specifications described in Sections 503.04 and 503.05 herein, together with one (1) written application on a form specified by the City. If the City Council has authorized financial participation in the subdivision, in accordance with conditions set forth in Section 712.05 of this Ordinance, and the City Engineer is providing the subdivision improvement plans and specifications, the subdivider shall be required to submit only such supplemental material listed in Section 503.04 herein which is not provided by the City Engineer. The subdivider shall submit a complete application at least fifteen (15) days prior to the date of the next regularly scheduled meeting of the Planning Commission at which the subdivision request is to be heard.

503.02 CHECKING OF APPLICATION

Upon submission of a subdivision application, the Zoning Administrator shall check it for completeness. If complete, the application shall be docketed for public hearing at the next Planning Commission meetings. If the application is incomplete, the Zoning Administrator shall not docket the application for hearing and shall notify the subdivider that the application is incomplete and specify what additional data is needed. The Zoning Administrator shall notify the subdivider of any incompleteness within five (5) days of the date of filing of the application. If the application has not been filed in time to cause public notice of the proposed subdivision to by published at least ten (10) days prior to the next Planning Commission meeting, such application shall be docketed for hearing at the following meeting of the Commission.

503.03 FEES

A final plat filing and review fee shall be paid by the subdivider and shall accompany the application submitted. The amount of such fee shall be in accordance with the Schedule of Fees adopted by the City Council, as may be amended from time to time.

503.04 SCALE AND FINAL PLAT CONTENTS

Final plats shall be drawn in ink on dimensionally stable and reproducable plastic film only at a scale of one (1) inch to fifty (50) feet or one (1) inch to one hundred (100) feet on a maximum sheet size of twenty four (24) inches by thirty six (36) inches. Where the size of the subdivision requires larger sheet sizes, said final plats shall be drawn on multiple sheets not exceeding eighteen (18) inches by twenty four (24) inches, or, if the subdivision can be presented on one (1) sheet, a single twenty four (24) inch by thirty six (36) inch sheet may be used, and shall include the following information:

A. The name of the proposed subdivision, the acreage of the land in the final plat and the location of the land within the subdivision final plat by specific legal description indicating boundary lines with accurate lengths, angles and bearings based upon an accurate traverse. Said boundary lines shall be determined by a balanced and closed survey conducted in the field. (See Section 702).

B. The name(s) of the owner(s) of the land within the subdivision (See Owner’s Certification, Item

below).

C. Date, north point and graphic scale of the plat map;

D. The name of the surveyor and/or engineer who prepared the final plat (See Surveyor’s Certificate, Item M below).

E. The name, location and dimensions in feet and hundredths of feet with bearings or deflection angles, radii, arcs and central angles of all curves of the rights-of-way of all streets, alleys and other rights-of-way, all lot lines and other sites, and building setback lines, if such building setback lines are to be in excess of these required by the applicable zoning regulations;

F. The radii, central angles, tangents, lengths of arcs, curvature angles at street intersections and a complete traverse of each street within and on the perimeter of the plat.

G. The location, dimensions in feet and hundredths of feet of all easements, together with an indication of the purpose or purposes of each easement.

H. All lake, pond, stream or river shore meander lines established by the surveyor indicating the high and low water marks. If any area within the plat is subject to flooding, the minimum floor elevation for each lot which is subject to flooding shall be indicated.

I. All lot and block numbers.

J. Accurate location, size, type and material of all monuments, an indication of whether such monuments were found or set and the elevation of at least one (1) such monument.

K. Accurate locations of any area to be dedicated or reserved for public use or acquisition with the purpose(s) indicated thereon. Any area to be reserved by covenant or deed restriction for the common use by the owners in the subdivision shall also be located and noted.

L. Restrictive covenants or deed restrictions applicable to the land contained in the plat, either placed directly on the plat or attached thereto. Such covenants or restrictions shall clearly indicate the disposition of all land within the plat with respect to liability, maintenance and other responsibility, and shall provide for the following items:

1. Provisions for the prohibiting maintaining of nuisances.

2. Provisions with reference to utility and drainage easements including the specific provision that any tree, shrub, fence or other structure or installation placed or allowed to grow in any easement shall be subject to the paramount right of the utility or City to install, repair, replace and maintain its installations and the utility and City shall not be liable for replacement or reinstallation of such trees, shrubs, fences or other installation placed or allowed to grow in such easement.

3. Provisions for maintaining proper site distances at street and alley intersections, within and on

the periphery of the subdivision, as set forth in Section 602.12 of this Ordinance.

4. Such other provisions as may be consistent with the use and protection of the subdivision,

including provisions for the amendment and enforcement of the covenants or restrictions by

any aggrieved property owner in the subdivision.

M. Certification and signature of the surveyor certifying to the effect that the final plat accurately

represents a survey made by him/her or under his/her direct supervision, that any changes from the description appearing in the last record transfer of the land contained in the final plat are so indicated, that all monuments shown on the plat actually exist on the ground or will be installed and their position and description is correctly shown and that all dimensional and geodetic data are correct. The following surveyor’s certificate shall be used on all final plats:

SURVEYOR’S CERTIFICATION

I ____(name)____ hereby certify that I am a professional land surveyor, registered in compliance with

the laws of the State of Nebraska, that this plat correctly represents a survey conducted by me or under my direct supervision on ____(date)____, that any changes from the description appearing in the last record transfer of the land contained in this plat are so indicated, that all monuments shown hereon actually exist as described on the ground or will be installed and their position is correctly shown, and that all dimensional and directional data are correct.

________(Signature)_________ _______(Date)_______

N. Certification signed and notarized by all parties holding title or having a title interest in the land contained in the final plat and consenting to the preparation and recording of the plat as submitted and consenting to all dedications noted thereon. The certification shall also indicate that the title to all land contained in the plat is free and unencumbered. The following owner’s certification shall be used on all final plats:

OWNER’S CERTIFICATION

I / We the undersigned, ________(names)_________ owner(s) of the real estate shown

and described herein, do hereby certify that I / we have laid off, platted and subdivided, and do hereby lay off, plat and subdivide, said real estate in accordance with the plat.

This subdivision shall be known and designated as ______(name)______, an addition to the City of O'Neill , Nebraska . (delete this last sentence if the subdivision is located outside of the corporate limits and will not be platted as an addition to the City or otherwise annexed to the City.)

All streets and alleys shown and not heretofore dedicated are hereby dedicated to the public unless

specifically noted hereon. Any other public lands shown hereon and not heretofore dedicated are hereby reserved for public use with provisions for maintenance by the owners of property within the subdivision unless specifically noted hereon. (this language is to be used where streets and / or alleys are proposed to the dedicated to the public and this City Council has agreed to accept such dedications.)

Where private streets are proposed, where the City does not agree to accept any dedications of streets and / or alleys or when the subdivision is located outside of the corporate limits of the City and will not be platted as an addition to the City or otherwise annexed by the City, the following language shall be used: All streets and alleys shown and not heretofore dedicated are hereby established as public access easements to be maintained by owners of property within this subdivision unless specifically noted hereon. Any other public lands shown hereon and not heretofore dedicated are hereby reserved for public use with provisions for maintenance by the owners of property within the subdivision unless specifically noted hereon.

Clear title to the land contained in this plat is guaranteed. Any encumbrances or special assessments are explained as follows: _________________________________.

There are strips of land shown on this plat and marked easement, reserved for the use of public

utilities or other entity so indicated and such easements are subject to the paramount right of the

utility or other entity so indicated to install, repair, replace and maintain its installations.

(Additional covenants or restrictions and enforcement provisions thereof may be inserted here or attached to the plat.)

Witness our hands on this _____ day of _______________, ____

_______________________ ________________________

Signature Signature

STATE OF NEBRASKA

COUNTY OF HOLT

Before me, the undersigned Notary Public, in and for the County and State, personally appeared and

each separately and severally acknowledged the execution of the foregoing instrument as his or her

voluntary act and deed for the purposes therein expressed. Witness my hand and Notarial Seal this

______ day of _____________, ____

________________________________

Notary Public

Notarial Seal

O. Each final plat shall also contain the following approval certifications:

PLANNING COMMISSION CERTIFICATION

The foregoing plat was reviewed at public hearing by the Planning Commission of O'Neill,

Nebraska on this____ day of ___________________, ____. This plat is void unless recorded before the
_____ day of __________________, _____

____________________________

Planning Commission Chairperson

ACCEPTANCE CERTIFICATE

<>If the proposed subdivision is platted as an addition to the City or is to be otherwise annexed to the City and dedication of streets, alleys or other dedications has been approved by the City Council in the approval of the Preliminary Plat, the following language shall be used: <>

The foregoing plat and dedications are approved and accepted by the Mayor and City Council of the City of O'Neill , Nebraska on this ____ day of ________________, ____.

_____________________________

Mayor

_____________________________

Attest: City Clerk

Where private streets are proposed, where the City does not agree to accept any dedications of streets and / or alleys or when the subdivision is located outside of the corporate limits of the City and will not be platted as an addition to the City or otherwise annexed by the City, the following language shall be used:

The foregoing plat is hereby approved and accepted by the Mayor and City Council of the

City of O'Neill , Nebraska on this ____ day of ________________, ____.

_____________________________

Mayor

_____________________________

Attest: City Clerk

P. Customary recording notations for transfer and recording, indicating the date and time of recording, the plat book location thereof, the instrument number and the date and time duly entered for taxation including the following certifications:

HOLT COUNTY TREASURER CERTIFICATION

This is to certify that I have found no regular or special taxes or assessments due or delinquent against the real property described in this plat, as shown by records of this Office as of this ______ day of ____________, 20__.

____________________________________

Holt County Treasurer

REGISTRAR OF DEEDS CERTIFICATION

This instrument was filed for record on ________________, ____ at ________ o’clock __ M. and

duly recorded and entered for taxation in Vol. ___ of Book ___, Page ___. A recording fee of

$_______________ was paid. Dated this _______day of __________, 20___

_____________________________

Holt County Registrar of Deeds

503.05 SUPPLEMENTAL DATA REQUIRED FOR FINAL PLATS

1. Construction Plans and Specifications: The subdivider’s engineer shall submit construction plans and specifications in accordance with the following requirements for all improvements and installations required by this Ordinance. The construction plans and specifications shall consist of all cross-sections, profiles and all other engineering data necessary for the proper design and construction of all improvements and installations required by this Ordinance including, but not limited to, the following:

A. Streets;

B. Storm sewers and all other elements of the drainage system;

C. Sanitary sewer system;

D. Water system;

E. Monuments and markers;

F. Sidewalks and pedestrian ways;

G. Street signs and street lighting and any construction / improvement elements peculiar to the subdivision.

H. If the subdivider is proposing that the City Council agree to finance all or any portion of the final plat engineering fees and cost of infrastructure development in the subdivision, engineering cost estimates for each of the above infrastructure components shall be submitted with the final plat application.

503.06 NOTICE OF PUBLIC HEARING:

The Zoning Administrator shall cause a notice of public hearing regarding the final plat to be published at least ten (10) days prior to such hearing. Such notice shall be published in a newspaper in general circulation in the City of O'Neill and shall contain the legal description of the proposed subdivision together with the date, time and place of the public hearing by the Planning Commission.

503.07 PLANNING COMMISSION ACTION ON THE FINAL PLAT APPLICATION

Following the public hearing and during consideration of the final plat. The Planning Commission shall determine if the final plat and subdivision improvement plans and specifications are consistent with the approved preliminary plat, the Comprehensive Plan, the Major Street Plan, the requirements of the applicable zoning regulations and is consistent with the requirements of this Ordinance and any conditions established by the City Council in its approval of the preliminary plat. In its deliberations, the Commission shall consider all comments and recommendations of the Zoning Administrator, the City Engineer, the City Utilities Superintendent, the Fire Department, the School Board and the public utilities involved. The Planning Commission shall, within forty five (45) days, recommend approval, approval with conditions or denial of the final plat.

The Commission shall also consider if any phasing in final platting and development is consistent with the phasing approved by the City Council. The Commission shall provide recommendations regarding any inconsistencies in phasing of the subdivision development to the City Council for its consideration.

The Commission may, as a condition of recommendation of approval, attach any reasonable condition to bring the subdivision or plat into conformance with the requirements of this Ordinance and the Comprehensive Plan of the City. If a recommendation of denial is forwarded to the City Council, the Commission shall state the specific reason(s) for such recommendation. The Commission shall cause the subdivider to be notified in writing of its action within ten (10) days of such public hearing and such notification shall state any conditions of approval or any reasons for rejection as specified in Section 503.08 below.

503.08 RECORDING OF ACTION BY THE PLANNING COMMISSION

The action of the Commission shall be noted in the minutes of the Commission together with any recommended conditions of approval or reasons for rejection. If no changes are required on the final plat the Chairman of the Commission shall date and sign the plat. If changes are recommended on the final plat, the Chairman shall not sign such final plat until such changes have been completed.

503.09 ACCEPTANCE BY THE CITY COUNCIL

Upon signing the final plat by the Chairperson of the Planning Commission, the Zoning Administrator shall forward Commission’s approval recommendation regarding such final plat and related construction plans and specifications, if applicable, to the City Council. The City Council shall approve or reject such plat and plans and specifications and accept or reject any dedications indicated thereon. If rejected, the City Council shall state the specific reason(s) for the rejection. The City Council shall notify the subdivider of the action of the Council within ten (10) days of its meeting and shall state all reasons for rejection.

The subdivider may petition the City Council seeking financial participation by the City in the final plat engineering and / or development of the infrastructure improvements in the subdivision. The City Council shall determine if such participation is warranted in accordance with the conditions for such City participation set forth in Section 712.05 of this Ordinance. If the City Council shall determine that financial participation by the City complies with the conditions set forth in Section 712.05 of this Ordinance, the City Council shall also indicate to the subdivider which portions of the subdivision improvements will be engineered and provided by the City and which, if any, costs for such improvements shall by paid the City and/or be assessed against the property in the subdivision. Any agreement by the City to assess such costs against the property in the subdivision shall comply with the requirements of Section 713.03 of this Ordinance. The subdivider shall be instructed by the City Council to sign a Subdivider's Agreement with the City in which the agreed upon financing is set forth in writing prior to the initiation of a final plat for all or part of the property contained in the preliminary plat.

503.10 RECORDING OF FINAL PLATS

After final approval of the plat for the record by the City Council, the subdivider shall make any necessary revisions in the final plat and any necessary revisions in the subdivision improvement plans and specifications and file with the Zoning Administrator the original and three (3) copies of the final plat and three (3) copies of any revised construction plans and specifications, if applicable. Until such copies have been filed no zoning / building permit or other permit shall be issued for any lot therein.

The Zoning Administrator shall retain the original of the final plat until released for recording in the Office of Holt County Registrar of Deeds. The Subdivider shall record the final plat, pay all recording fees and provide one (1) copy of such recorded final plat to the Zoning Administrator.

If the subdivision improvements are to be designed by the City Engineer and installed by the City and an assessment district is to be utilized to finance such improvements, such approved final plat shall be retained by the Zoning Administrator until such time as the plans and specifications for such improvements approved by the City Council and the assessment district has been created. Upon such approval and assessment district creation, the final plat shall be released to the subdivider for recordation. Construction on such improvements shall not be initiated unless and until the final plat has been recorded.

503.11 GENERAL REQUIREMENTS

1. The recording of any plat shall be without legal effect unless said plat bears the signature of the Chairperson of the Planning Commission and the signatures of the Mayor and City Clerk.

2. Every final plat reviewed by the Planning Commission and approved by the City Council after the effective date of this Ordinance shall be recorded within two (2) years after the date of the Commission’s meeting at which said plat was approved or such final plat shall become void and shall only be recorded after re-review by the Commission and re-approval by the City Council.

3. Every final plat, which has been reviewed by the Commission and approved by the City Council before the effective date of this Ordinance, but which has not been recorded, shall be recorded within two (2) years after the effective date of this Ordinance or such final plat shall become void and shall only be recorded after re-review by the Commission and re-approval by the City Council.

503.12 ANNEXATION

Any subdivision or re-subdivision proposed under this Ordinance that is not already within the corporate limits of the City of O'Neill shall be platted as an addition to the City or be otherwise annexed to the City as a condition of preliminary and final plat approval by the Planning Commission and City Council, provided, however, said subdivision or re-subdivision is deemed contiguous and annexable under the limitations established in Chapter 16, Article 1 of the Revised Statutes of Nebraska, Reissue of 1987, as the same may be modified from time to time.

ARTICLE 6 - SUBDIVISION DESIGN STANDARDS

SECTION 601 GENERAL REQUIREMENTS

Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, erosion or other menace. If, following investigation, conducted by all public agencies concerned, it is determined that land to be subdivided cannot be used without endangering the health, safety, welfare or would necessitate an excessive expenditure of public financial resources for streets, water and sewer facilities, storm sewers or other facility, the subdivision shall not be approved unless the subdivider formulates adequate methods for meeting such problems.

All subdivision designs shall conform to the standards of the Comprehensive Plan of current adoption and the Zoning Ordinance of the City. And all required improvements and installations shall be constructed or installed to conform with the provisions of this Ordinance and the standard specifications of the City.

SECTION 602 STREETS

The arrangement, character, extent, width, grade, and location of all streets shall conform to the Major Street Plan, a component of the Comprehensive Plan, and shall be considered in their relation to existing and planned streets, to topographic conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets.

602.01 STREET EXTENSIONS

The street layout in the proposed subdivision shall provide for the continuation or appropriate extension of

streets and alleys already existing in areas adjacent to the area being subdivided. Where, at the recommendation of the Planning Commission and agreement by the City Council, it is desirable to provide street access to adjoining properties, proposed streets shall be extended to the boundaries of the subdivision. Where the Planning Commission and City Council deems it necessary, such dead-end streets shall be provided with a temporary turnaround having a radius of at least twenty-five (25) feet. The street system for the proposed subdivision shall provide for extending existing streets at the same or greater width, but in no case shall a street extension be of less width than the minimum width required for the classification of such street by this Ordinance.

602.02 DEDICATION OF RIGHTS-OF-WAY FOR NEW STREETS

The dedication of rights-of-way for new streets, measured from lot line to lot line, shall be as shown on the

Major Street Plan, a component of the Comprehensive Plan, and shall meet the right-of-way width requirements as set forth in Schedule A of this Ordinance. All streets classified as arterial streets in the Major Street Plan shall have all points of access approved by the City Council. Dedication of one-half (1/2) rights-of-way for a proposed street along the boundaries of the land being subdivided shall be

prohibited, except where essential to the reasonable development of the subdivision and where it is found to be practical and reasonable to require dedication of the other one-half (1/2) of the right-of-way when the adjoining property is subdivided.

Marginal access streets (frontage roads) shall be required by the City Council for all subdivisions fronting on a street classified in the City’s Major Street Plan as a major arterial street where any of the following conditions exist:

A. The frontage of the proposed subdivision along the major arterial street is three hundred (300) feet or

greater;

B. The frontage of the proposed subdivision along the major arterial street is less than three hundred

(300) feet, but the first one hundred fifty (150) feet of land adjoining the subdivision on either side is

undeveloped;

C. The frontage of the proposed subdivision along the major arterial street is less than three hundred

(300) feet, and the first one hundred fifty (150) feet of land adjoining the subdivision on either side is

developed, but such development is so situated relative to the right-of-way of the major arterial street

that it would not prohibit the construction of a marginal access (frontage road);

If double frontage lots within the proposed subdivision are to front on a major arterial street, but such lots shall not have access directly from such major arterial street and shall have access only through an interior street, a marginal access street may not be required. (Refer to Section 605.05 of this Ordinance).

602.03 DEDICATION OF RIGHTS-OF-WAY FOR EXISTING STREETS

Subdivisions platted along existing streets shall dedicate additional right-of-way if necessary to meet the

minimum street right-of-way standards set forth in the Ordinance. The entire minimum right-of-way shall be dedicated where the subdivision is on both sides of an existing street. When the subdivision is located on only one side of an existing street, one- half (1/2) of the required right-of-way, measured from the centerline of the existing street shall be dedicated.

In the development of residential subdivisions utilizing zero-lot line and clustered development housing styles, the City Council may grant a right-of-way variance to reduce the right-of-way dedication to the width of the street pavement for streets classified as local streets with the provision that utility and sidewalk easements not less than ten (10) feet in width shall be provided on either side of said reduced right-of-way and that the housing be set back a minimum of twenty (20) feet from the easement line furthest from the street.

602.04 INTERSECTIONS

Streets shall intersect as nearly as possible at an angle of ninety (90) degrees and no intersection shall be at

an angle of less than sixty (60) degrees. Street curb intersections shall be rounded by radii of at least twenty (20) feet. When the smallest angle of a street intersection is less than seventy-five (75) degrees, the City Council may require greater curb radii. Wherever necessary to permit the construction of a curb having a desirable radius without reducing the sidewalk at such street corner to less than nominal width, the property line at such street corner shall be rounded or otherwise set back sufficiently to permit such construction.

602.05 HORIZONTAL AND VERTICAL STREET CURVES

A tangent at least one hundred (100) feet long shall be introduced between reversed curves on arterial and

collector streets. Where there is a deflection angle of more than ten (10) degrees in the alignment of a street, a curve with a radius adequate to insure safe site distance shall be provided. The minimum radii of street curves shall be as set forth in Schedule A of this Ordinance.

All changes of grade shall be connected by vertical curves of a minimum length equivalent to eighty-five (85) times the algebraic difference in the rate of grade, expressed in feet per hundred for arterial streets, fifty-five (55) times the algebraic difference for collector streets, thirty-five (35) times the algebraic difference for local and other minor streets.

602.06 STREET GRADES AND ELEVATIONS

All streets shall be designed so as to provide for the discharge of surface water from the pavement and from the right-of-way by grading and drainage. For adequate drainage, the minimum street grade shall not be less than three tenths (0.3) of one (1) percent. Minimum grades for gutters and ditches shall be four-tenths (0.4) of one (1) percent and five-tenths (0.5) of one (1) percent respectively. Storm sewer construction shall be required where necessary to meet these minimum grade requirements.

The City Council shall not approve streets which will be subject to inundation or flooding. All streets must be located at elevations which will make them flood-free in order that portions of the subdivisions will not be isolated by floods. Where flood conditions exist, the City Council shall require profiles or elevations of streets in order to determine the advisability of permitting the proposed subdivision activity. Fill may be used in areas subject to flooding in order to provide flood-free streets if such fill does not increase flood heights up stream. Drainage openings shall be designed so as not to restrict the flow of water and thereby increase flood heights. Street grades shall conform to the minimum requirements provided in Schedule A of this Ordinance.

602.07 MARGINAL ACCESS STREETS

Where a subdivision abuts or contains an existing or proposed major arterial street, the City Council shall require marginal access streets, reverse frontage lots with screen planting contained in a no-access reservation along the rear property line or such other treatment as may be necessary for adequate protection of the platted properties and to afford separation of through and local traffic.

Where the proposed subdivision abuts upon or contains an existing or proposed major arterial street on which traffic volumes and vehicular speeds warrant special safety considerations, the City Council shall require that marginal access streets be provided in order that no new lots shall front on or have access directly to such existing or proposed arterial street or highway.

Where a subdivision borders on or contains a railroad right-of-way or limited access highway right-of-way, the City Council may require a street approximately parallel to and on each side of such right-of-way, at a distance suitable for the appropriate use of the intervening land, such as for park purposes in residential

districts, or for commercial or industrial purposes in appropriate districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations.

602.08 STREET JOGS

Street jogs with centerline offsets of less than one hundred twenty five (125) feet shall be prohibited.

602.09 DEAD END STREETS

Minor terminal or dead-end streets or courts which are designed so as to have one end permanently closed shall no be longer the six hundred (600) feet and shall be provided at the closed end with a turn-around having a radius at the outside of the pavement of at least forty (40) feet and a right-of-way radius of at least fifty (50) feet.

602.10 STREET NAMES

Proposed streets, which are in alignment with other already existing and named streets, shall bear the names of such existing streets. The name of a proposed street, which is not in alignment with an existing street, shall not duplicate the name of any existing street, irrespective of the use of the suffix street, avenue, boulevard, drive, place, court, lane, road, pike, highway, parkway, or similar suffix.

Whenever a street alignment changes direction more than forty-five (45) degrees without a return to the original alignment within a distance of five hundred (500) feet, then the name of the street shall be changed at the point of curvature.

Whenever a cul-de-sac street serves not more than three (3) lots, the name of the intersecting street shall apply to the cul-de-sac.

To avoid duplication and confusion, the proposed names of all streets shall be approved by City Council as part of its approval of the final plat prior to such names being assigned or used.

602.11 PRIVATE STREETS

New private streets may be created within any subdivision within the corporate limits of the City or proposed to be platted as an addition to the City or be otherwise annexed by the City. In subdivisions which are outside of the corporate limits of the City and which are not to be platted as an addition to the City or be otherwise annexed by the City, all new streets shall be private streets, described as public access easements. All private streets shall be designed and constructed with the same specifications as a public street.

602.12 SITE DISTANCE AT INTERSECTIONS

The following shall be required as part of the restrictive covenants on all final plats.

A. No fence, wall, hedge, tree or shrub planting which obstructs sight lines at elevations between 2.5 and 8 feet above the street, shall be placed or permitted to remain on any corner lot within the triangular area formed by the street right-of-way lines and a line connecting points (25 feet for local streets or 50 feet for a collector or arterial street) from the intersection of said street lines, or in the case of a rounded property corner, from the intersection of the street right-of-way lines extended.

602.13 VISIBILITY REQUIREMENTS

Minimum horizontal visibility measured on inside travel lane center line shall be three hundred fifty (350) feet on arterial streets, two hundred seventy five (275) feet on collector streets, and two hundred (200) feet on local and other minor streets.

SECTION 603 ALLEYS

Alleys shall be provided to give access to the rear of all lots used for commercial and industrial purposes, only in the event that private service drives cannot be provided. Alleys shall not be provided in residential subdivisions except in cases where the subdivider produces evidence of the need for alleys which is acceptable to the City Council. The minimum width of an alley shall be twenty (20) feet. Alley intersections and sharp changes in alignment shall be avoided, but where necessary, corners shall be cut off sufficiently to permit safe vehicular movement. Dead-end alleys shall be avoided and if such dead-end alleys occur, such shall be equipped with a turnaround with a minimum radius of twenty-five (25) feet.

SECTION 604 BLOCKS

The lengths, widths and shapes of blocks shall be determined with due regard to the provision of adequate access and

circulation, building sizes suitable to the needs of the use contemplated, zoning requirements regarding minimum lot sizes,

widths and frontages and the limitations of opportunities presented by the topography. Block lengths, except in unusual

circumstances, shall not exceed one thousand two hundred (1,200) feet.

SECTION 605 LOTS

605.01 GENERAL

The lot size, width, depth, shape and orientation shall be appropriate for the location of the subdivision and for the type of development and use contemplated.

605.02 LOT DIMENSIONS

Lot dimensions shall conform to the requirements of the applicable zoning district. Residential lots not

served by a public sewer where soil percolation rates and topography meet the requirements of Title 124 of the Nebraska Department of Environmental Quality, shall be required to have a minimum lot area of one (1) acre, a minimum lot width of one hundred (100) feet and a minimum lot frontage of seventy five (75) feet to protect against health hazards of on-site sewage disposal and potential contamination of nearby

wells. (Refer to Section 711.01 of this Ordinance.)

605.03 CORNER LOTS

Corner lots for residential use shall have additional width to permit the required minimum front yard setback distances on both frontages, while maintaining adequate buildable area and orientation of the residential structure to one or both streets.

605.04 ACCESS TO LOTS

The subdividing of land shall be such as to provide each lot with satisfactory vehicular access by means of a public street or approved private street.

605.05 DOUBLE FRONTAGE AND REVERSE FRONTAGE LOTS

Double frontage and reverse frontage lots, shall be avoided, except where essential to provide separation of residential development from arterial streets or to overcome specific disadvantages of topography. Where such lots are used in relation to an arterial street, a landscape screen easement of at least ten (10) feet in width shall be provided along the line of lots abutting such arterial street and the subdivider shall install trees, shrubbery or fences or a combination thereof to screen the residential development from the arterial street and dampen the noise generated by traffic on the arterial streets

605.06 ANGLE OF SIDE LOT LINES

Side lot lines shall be substantially at right angles or radial to street lines, except in cases, determined by the

City Council, where odd land configuration or topography would dictate creation of lots with side lot lines at substantial variation with this limitation.

605.07 SETBACK LINES

Minimum building setback (yard) lines on lots shall be as regulated by the yard provisions of the applicable zoning district. Where the subdivider desires setback distances in excess of the minimum setback stipulated in the zoning district, such shall be indicated on the final plat.

SECTION 606 SIDEWALKS

606.01 GENERAL

Sidewalks shall be labeled upon the improvement plans and installed by the subdivider (or City in the event of approval of financial participation by the City in accordance with the conditions of Section 712.05 of this Ordinance and creation of an assessment district) in every subdivision, except where unusual conditions exist which eliminate the need for sidewalks and an exception to eliminate all or a portion of the sidewalk construction requirement is recommended by the Planning Commission and approved by the City Council as part of the final plat approval process.

606.02 STANDARDS:

Sidewalks shall be installed in all subdivisions within the boundaries of a plat regardless of the use of land in the subdivision and such sidewalks shall be installed according to the following standards:

A. Along both sides of all streets within the subdivision, in which case the edge of the sidewalk nearest to the street shall normally be placed five (5) feet from the back of the street curb or, where no curb exists, from the edge of the street pavement. Sidewalks abutting the curb or pavement of any street shall be prohibited. Sidewalks may meander to avoid removal of trees or to take advantage of more easily traversed topography by pedestrians, but in no event shall such meandering result in the edge of the sidewalk nearest the street to be closer than the aforementioned five (5) feet minimum distance.

B. All sidewalks shall extend to the street pavement at all intersections and at mid-block crossings where appropriate and shall be equipped with handicap access ramps.

C. In neighborhoods planned as cluster developments, sidewalk locations may be adjusted to accommodate the most efficient pedestrian circulation through and to and from the development, including sidewalks in rear yards and elsewhere to accomplish such efficiency in pedestrian movement.

D. The Planning Commission may recommend modifications to and the City Council may modify the requirements of this Section, but only in instances where park, railroads, extreme topographical conditions or other unusual conditions, excluding use of the property, make sidewalk installation non-essential or unnecessary on both sides of the street. In any subdivisions under the jurisdiction of the City where lot sizes equal or exceed one acre and average lot frontages exceed two hundred (200) feet, the Planning Commission may recommend and the City Council may grant an exception to all or some of this sidewalk installation requirement.

E. The minimum sidewalk width shall be four (4) feet on local, collector and minor arterial streets and five (5) feet on major arterial streets, provided however, that in multiple family residential developments and non-residential subdivisions said sidewalks shall be of a width suitable for the anticipated pedestrian traffic, but not less than four (4) feet, as determined by the City Council.

SECTION 607 FLOOD AND TOPOGRAPHIC HAZARD AREAS

Land subject to flooding and land deemed to be topographically unsuitable for residential or other development shall not be platted for such purposes. Such land may be included in a subdivision and be set aside on the plat for such uses as will be compatible with the hazards associated with the flooding or erosion. The City Council shall require that any building lot situated in a flood prone area be elevated a minimum of one (1) foot above the 100 year flood elevation in accordance with the requirements of the Zoning Ordinance and the Federal Flood Hazard Insurance Program.

SECTION 608 EASEMENTS

Easements across lots or centered on rear or side lot lines shall be provided for utilities where necessary and shall be at least sixteen (16) feet in width. Where a subdivision is traversed by a water course or drainageway, a drainage easement shall be provided and such easement shall conform substantially with the lines of such water course or drainageway and such easement shall have a width as will be adequate for the purpose of retaining the water handling capacity of the water course or drainageway.

SECTION 609 COMMUNITY ASSETS

In all subdivisions, due regard shall be shown for natural features such as trees, unusual rock or topographic formations, water courses, and any sites having historic significance, which if preserved, would add attractiveness and value to the area. The City Council shall have the authority to require preservation of such natural or historic features as it deems reasonable.

SECTION 610 RESERVATION / DEDICATION OF PUBLIC LAND AND OPEN SPACE

<>Before preliminary or final plat approval is given, the Planning Commission may recommend and the City Council may require the subdivider to reserve sites for parks, playgrounds, open space, schools and other public uses consistent with the Comprehensive Plan of the City, as recommended by the Planning Commission and determined by the City Council. Reservation of land for public acquisition and/or use shall be for a period of time not to exceed two (2) years from the date the final plat wherein such reserved area is located is recorded unless otherwise provided in this Ordinance. If such reserved site is not acquired by the City or other governmental entity within said two (2) year period, the subdivider may then re-subdivide the site or alternative purposes and sell any or all of such site.

Where a park, playground, school, or other site for public use, indicated in the Comprehensive Plan, is located in whole or in part in a area proposed to be subdivided the City Council may require immediate acquisition of such site by the City or other governmental entity or accept the dedication of such area.

SECTION 612 DEDICATION

Final plat approval shall be subject to acceptance of any dedication of streets and alleys by the City Council. If dedication of such streets and alleys is not accepted by the City Council and are to be developed as private streets, or if the subdivision is located outside the corporate limits of the City and is not being platted as an addition to the City or will be immediately annexed by the City, the subdivider shall make adequate provision, as determined by the City Council, for an owner’s association with direct responsibility to and control by the property owners of the subdivision to provide for the proper maintenance of all such private streets and alleys, the removal of debris and the timely removal of snow therefrom so as to maintain adequate access at all times for fire, police, sanitation , utility and emergency vehicles. Legal assurances shall be provided which show that the association shall be self-perpetuating and has the authority to collect assessments upon owners of land in the subdivision to accomplish the required street and alley maintenance.

Such provisions shall also provide for agreement of the property owners within the subdivision, that if the City or other government entity is requested or required to perform any maintenance or snow removal from such private streets or alleys in order to maintain adequate access, said owners shall pay the costs thereof to the City and that if not paid within ninety (90) days of billing by the City, the same shall become a lien upon all properties within the subdivision until such costs are paid in full.

ARTICLE 7 - REQUIRED IMPROVEMENTS

SECTION 701 GENERAL REQUIREMENTS

The subdivider, or in the event the City Council has agreed to financially participate in the development of the subdivision under the conditions set forth in Section 712.05 of this Ordinance and the creation of an assessment district, the City shall design and construct improvements using standards not less than the standards outlined in this Ordinance. All plans and specifications for such improvements shall be reviewed and recommended to the City Council by the Planning Commission and be approved by the City Council upon recommendation of the City Engineer and Zoning Administrator.

If the subdivider is to install such improvements, all construction work shall be done under the supervision of the City and shall be completed within the time limitations set forth herein. The minimum requirements for materials shall be in accordance with the standard specifications of the City which are currently in force or as approved by the City Engineer / Administrator. Standards applicable to health and sanitation as promulgated by the Nebraska Departments of Environmental Quality and Health shall be minimum standards unless higher standards are required by the City.

All inspection costs and costs for required tests shall be the responsibility of the subdivider unless the City Council has agreed to the creation of an assessment district in which case these costs shall be borne by the City and become part of the assessments on the property within the subdivision.

SECTION 702 MONUMENTS AND MARKERS

The subdivider shall be responsible for and monuments and markers shall be installed by the subdivider’s surveyor so that the top thereof is level with the proposed finished grade adjoining it, and the center, cross mark or other designation thereon shall coincide exactly with the intersecting or other lines so marked and designated.

702.01 MONUMENT LOCATIONS

A. Iron rod monuments shall be located at all quarter section points or other reference points tied to the federal land survey on the boundaries or within the area being platted.

B. Iron rod monuments shall be installed at:

1. The intersection of all angles in the boundary line of the subdivision

2. The intersection of all street and alley right-of-way lines within and on the perimeter of the subdivision.

3. The beginning and ending of all curves in street and alley right-of-way lines, except corner easements having a radius of fifty (50) feet or less.

4. Such other points as are necessary to definitely establish all major plat lines.

702.02 MONUMENT CONSTRUCTION

Iron rod monuments shall consist of an iron rod at least one-half (1/2) inch in diameter and twenty four (24) inches in length.

702.03 REMOVAL AND REPLACEMENT OF MONUMENTS

The removal, replacement or installation of monuments at points designated as A through Z in the Federal Land Survey System as indicated by the Holt County Surveyor shall be accomplished in accordance with the standards and requirements of the Holt County Surveyor.

702.04 MARKER LOCATIONS

Markers shall be located at all the following points:

A. All points where lot lines intersect street or alley right-of-way lines.

B. All points where curves begin and end.

C. All angles formed by intersections of lot lines.

D. All other lot corners not established by monument.

E. All points required to delineate the location or extent of reservations, easements, or dedications not otherwise defined.

702.05 MARKER CONSTRUCTION

All markers shall consist of iron rods not less than one-half (1/2) inch in diameter and not less than twenty

four (24) inches in length.

702.06 TEMPORARY MONUMENTS AND MARKERS

Temporary monuments and markers may be installed during construction of subdivision improvements, provided however, that permanent monuments and markers shall be a part of the physical improvements covered under the subdivider financial guarantees required in this Ordinance and such monuments and markers shall be installed in accordance with the requirements of this Ordinance.

SECTION 703 STREET GRADING

All streets, except arterial and collector streets, shall be graded to a minimum of nine (9) feet back of the curb or edge of pavement to within six (6) inches of the street grade established in the plans and specifications of the approved final plat. All arterial and collector streets shall be graded to a width of at least twenty (20) feet beyond the curbs or edge of pavement to within six (6) inches of the street grade established in the plans and specification of the approved final plat, all in accordance with the following:

703.01 PREPARATION OF SUBGRADE

Before grading is initiated, the entire right-of-way areas shall first be cleared of all tree stumps, roots, brush and other objectionable material. The subgrades shall then be properly shaped, rolled and uniformly compacted to conform with the specified cross-section and grades.

703.02 CUTS AND FILLS

In all cuts and fills, all tree stumps, boulders, organic material, soft clay, spongy material and other objectionable material shall be removed to a depth of two (2) feet below the graded surface. Rock, when encountered, shall be scarified to a depth of at least twelve (12) inches below the graded surface. In fills, no objectionable material shall be incorporated.

SECTION 704 STREET CONSTRUCTION

704.01 PAVEMENT

Minimum requirements for pavement construction shall be in accordance with the standard specifications of the City or as recommended by the Planning Commission and approved by the City Council. Higher design standards may be recommended by the Commission and required by the City Council to provide adequately for unusual soil conditions or extraordinary traffic volumes, axle loads or other abnormal characteristic.

All streets shall be paved in accordance with the standard specification of the City, except in the case of a residential subdivision outside of the corporate limits of the City, but within the jurisdiction of this Ordinance wherein all lots in the subdivision have a minimum lot area of two (2) acres and a minimum frontage of two hundred (200) feet, the paving requirements may be waived and streets in such subdivision shall be provided with a crushed rock or gravel surface, of depth acceptable to the City Council, not less than twenty (20) feet in width. A condition of such a waiver shall be that a deed restriction shall be added to all lots within the subdivision which prohibits future lot owners from protesting or voting against the creation of an assessment district for the purpose of paving such streets.

The subgrade for rigid and flexible pavements shall be prepared in compliance with the standard specifications of the City or in accordance with the requirements established by the City Council.

704.02 SHOULDERS, SIDE SLOPES AND DITCHES

All shoulders, side slopes and ditches shall be prepared in compliance with the standard specifications of the City. All shoulders, side slopes and ditches shall be protected from erosion by either sodding or seeded as set forth in the standard specifications. Plans for erosion control shall be part of the required improvement plans to be submitted and approved as part of the final plat approval.

Ditches having a grade of three (3) to five (5) percent shall have a gutter consisting of sod. If the grade of any ditch is in excess of five (5) percent, the gutter shall consist of concrete or small sodded dams or such other erosion control devices as may be approved by the Zoning Administrator.

704.03 MINIMUM PAVEMENT WIDTHS

Pavement widths shall be measured between the curbs and shall have a minimum width for the classification of the street as set forth in Schedule A of this Ordinance.

704.04 CURBS AND GUTTERS

Curbs and gutters shall be required for all streets within the boundaries of the subdivision unless specifically excepted by recommendation of the Planning Commission and approved by the City Council. Curbs shall be constructed in accordance with specifications approved by the City Council and shall not be less than six (6) inches in height and the backfill shall be higher than the curb and shall slope to the curb to assure proper surface drainage.

SECTION 705 STREET NAME SIGNS

At least one (1) street name sign shall be installed by the subdivider, or in the event the City Council has authorized financial participation by the City in accordance with the conditions of Section 712.05 of this Ordinance, the City, at each street intersection within or on the perimeter of the subdivision and shall be located on the northeast corner thereof, whenever possible, and on the park strip between the street and the sidewalk at a point approximately six (6) inches from said sidewalk or its intended location.

SECTION 706 CULVERTS

Culverts shall be constructed and installed whenever necessary by the subdivider, or in the event the City Council has authorized financial participation by the City in accordance with the conditions of Section 712.05 of this Ordinance, the City, to provide adequate surface drainage, as determined by the City Engineer and approved by the City Council in their review and approval of the subdivision plat and associated improvement plans and specifications.

SECTION 707 SIDEWALKS

Sidewalks shall be constructed in conformance with the requirements of Section 506 of this Ordinance and shall be constructed of Portland cement concrete or other acceptable material as approved by the Planning Commission and City Council in the approval of the subdivision plat and associated improvement plans and specifications. Sidewalk thickness shall not be less than four (4) inches. The subdivider, or in the event the City Council has authorized financial participation by the City in accordance with the conditions of Section 712.05 of this Ordinance, the City, need not install such sidewalks until building construction is completed on a lot by lot basis to avoid damage by heavy construction equipment. If sidewalks are to be installed by the subdivider, appropriate financial assurances, as set forth in this Ordinance, shall be retained until all sidewalks have been constructed. In no event shall sidewalk construction on an undeveloped lot be postponed longer than three (3) years after approval of the final plat for the subdivision by the City Council.

SECTION 708 DRIVEWAYS

Driveways shall have a maximum grade of ten (10) percent. Driveways and curb cuts shall not be closer than three (3) feet from a side lot line. Curb cuts shall be three (3) feet wider than the driveway and each side to provide for a radius on the driveway pavement.

SECTION 709 STREET AND WALKWAY LIGHTING

The subdivider, or in the event the City Council has authorized financial participation by the City in accordance with the conditions of Section 712.05 of this Ordinance, the City, shall install street lights at each entrance (street or sidewalk) into the subdivision and at each street intersection within the subdivision and at such intermediate points so that street or walkway light spacing does not exceed three hundred (300) feet between such lighting fixtures. In residential areas such lighting in new subdivisions shall utilize underground wiring and appropriate easements for such wiring as indicated on the approved final plat.

SECTION 710 DRAINAGE

A drainage system shall be designed and constructed by the subdivider to provide for proper drainage of surface water into, within and through the subdivision for which preliminary plat approval is sought. The drainage system shall comply with the following requirements.

710.01 Drainage Report

A preliminary subdivision plat, other than a minor or administrative subdivision, as herein defined, shall not be considered for final approval until the subdivider shall submit a drainage report prepared by the City Engineer or the Subdivider’s Engineer regarding the existing and proposed drainage conditions. The report may be included on the preliminary plat or attached to the final plat and shall include an evaluation of the ability of the proposed water courses, drainage tiles, storm sewers, culverts and other improvements pertaining to drainage or flood control within the subdivision to handle the run-off which would be generated by the development of the land within and above the subdivision and the impacts of such drainage on downstream drainage systems. The report shall include:

1. Estimates of the quantity of storm water entering the subdivision naturally and estimates of such storm water when the upper watershed shall be developed in a manner in which it is zoned.

2. Existing conditions of the watershed that may affect the proposed subdivision, such as soil type, drainage channels, obstructions and the like.

3. Quantities of flow at each pick-up point.

4. Estimates of temporary erosions control measures necessary to control erosion during construction.

5. A description of an adequate drainage system within the subdivision and its design capacities based on a fifty (50) year storm.

6. A description of the impacts that the proposed drainage system will have on property downstream until such water drains into a recognized water course.

710.02 DRAINAGE REQUIREMENTS

The subdivider shall provide adequate drainage facilities within the subdivision including storm sewers determined to be necessary by the City Council upon recommendation of the City’s Engineer. If storm sewers are not necessary all open ditches shall be graded and all pipes, culverts, intersectional drains, drop inlets, bridges, headwalls, gutters and similar or related installations necessary to provide adequate surface water drainage shall be constructed and installed in accordance with plans approved by the City Council upon recommendation by the City’s Engineer.

710.03 DRAINAGE SYSTEM STANDARDS

1. All streets shall be provided with an adequate storm drainage system of curbs, gutters and storm sewers

or side ditches.

2. Curb drainage inlets shall be provided at appropriate intervals along streets with curbs and gutter drainage. Where inlets connect to storm sewers a drain inlet structure and a protective grating shall be installed.

3. All streets having curb and gutter on which storm water flows across intersections shall be provided with concrete cross gutters at such intersections.

4. All off-street drainage swales and ditches shall be protected by drainage easements noted on the final plat. Where water courses would cross lots diagonally, the subdivider shall straighten such course and shall substantially follow lot lines.

SECTION 711 UTILITY INSTALLATION

Utilities shall be designed and constructed for all lots in the proposed subdivision. Utilities shall be provided in rear lot easements wherever possible. When it is necessary to install such utility in a street right-of-way, such shall be installed after grading is completed and approved and before any pavement base is applied. All in-street underground construction, water mains, sewer mains, gas mains, electrical power, cable television, etc, and all service connections shall be completely installed through and across the street. Where the utility mains and lines are outside of the area to be paved, installations of service connections may be omitted, provided that at such time as these connections are needed, they may be drilled across the street without breaking or weakening of the street pavement.

Where rock is known to exist beneath the street pavement is at such depth as to interfere with the drilling of service connections, the complete installation of the service connections before paving of the street shall be required. In cases where underground utilities must be provided within a street right-of-way, such shall not be installed under the street paving unless specifically authorized by the City.

711.01 SANITARY SEWERS

A sanitary sewer system shall be designed and constructed for all lots proposed in a subdivision. The following types of sanitary sewage system and the requirements for same shall apply:

A. Within the Corporate Limits

Within the corporate limits of the City of O'Neill , a sanitary sewer collection system, including

all pipes and manholes, shall be provided and said collection system shall be connected to the public

sewage system in accordance with plans reviewed by the City Engineer and approved by the City

Council.

B. Within Jurisdictional Area of the City

Within the one (1) mile planning and zoning jurisdictional area outside of the corporate limits of the

City of O'Neill , as indicated on the Official Zoning Map of the City, a sanitary sewer collection

system, including all pipes and manholes, shall be provided by the subdivider, or in the case of an

authorized assessment district, by the City, and said collection system shall be connected to a public

sewer of the City in accordance with plans reviewed by the Planning Commission and approved by the

City Council if:

1. the proposed subdivision is so located with regard to an adequate public sewer, either existing or to

be installed within one (1) year from the date of application for final plat approval, and

2. said public sewer is located within five hundred (500) feet of the proposed subdivision or, a public

sewer is located at a greater distance from the proposed subdivision, but the cost of installing the lateral and connecting sewers from all lots shown upon the final plat of the subdivision, exclusive of connections from individual structures, is equal to or less than one hundred fifty (150) percent of the cost of installing a privately operated sewage collection, treatment and disposal system to serve all lots shown on such final plat.

If a proposed subdivision is not so located relative to a public sewer, or is not to be platted as an addition to the City or will not be otherwise annexed by the City or connection to the municipal sewer system is not authorized by the City Council, a privately operated sewer collection, treatment and disposal system acceptable to the City Council or individual on-site sewage disposal systems, such as a septic tank and tile field, may be used. If individual on-site sewage disposal systems are to be used, the minimum lot size in the subdivision shall be two (2) acres, the minimum lot width shall be two hundred (200) feet and the minimum lot frontage shall be eighty (80) feet and the subdivider shall provide evidence that the soil percolation rates and topography comply with the requirements of Title 124 of the Nebraska Department of Environmental Quality on each lot proposed in the subdivision.

C. Standards

When applicable, improvement plans for a sewage collection system shall be provided showing pipe

sizes, gradients, type of pipe, invert and finished grade elevations, location and type of manholes, the

type and capacity of treatment facilities, if applicable, and the location, type and size of all lift or

pumping stations. The design of such sewage system shall be subject to approval of the City Council

in accordance with the following standards:

1. All sewer lines shall be a minimum of eight (8) inch diameter, except for service lines from the

sewer main to the property line of each lot shall be at least six (6) inches in diameter. The location of each service line shall be marked.

2. Manholes shall be provided at all interceptor and lateral junctions, at the end of each line and at

all changes in direction, grade and size.

711.02 WATER DISTRIBUTION SYSTEM

A water distribution system shall be designed and constructed to provide adequate water service to all lots in a proposed subdivision. The following types of water supply / distribution system and the requirements for same shall apply:

A. Within the Corporate Limits

Within the corporate limits of the City of O'Neill , a water distribution system, including all

pipes, fire hydrants, valves and other appurtenances, shall be provided by the subdivider or in the event

of an authorized assessment district, by the City, and said distribution system shall be connected to the public water supply system in accordance with plans reviewed by the Planning Commission and approved by the City Council.

B. Within Jurisdictional Area of the City

Within the one (1) mile planning and zoning jurisdictional area outside of the corporate limits of the City of O'Neill, as indicated on the Official Zoning Map of the City, a water distribution system, including all pipes, fire hydrants, valves and other appurtenances, shall be provided and said distribution system shall be connected to a public water supply system of the City in accordance with plan approved by the City Council if:

1. the proposed subdivision is so located with regard to an adequate public water

main, either existing or to be installed within one (1) year from the date of application for final plat approval, and

2. said water main is located within five hundred (500) feet of the proposed subdivision or, said

water main is located at a greater distance from the proposed subdivision, but the cost of installing a public water distribution system serving all lots shown upon the final plat of the subdivision, exclusive of connections from individual structures, and connecting such system to an adequate public water main, is equal to or less than one hundred fifty (150) percent of the cost of installing private wells on each lot shown on such final plat.

If a proposed subdivision is not so located relative to a public water main, or is not to be platted as an addition to the City or will not be otherwise annexed by the City or connection to the municipal water system is not authorized by the City Council, individual water supply wells or authorized connection to a rural water system may be used, provided that if on-site sewage disposal systems are also to be used, the minimum lot size in the subdivision shall be two (2) acres, the minimum lot width shall be two hundred (200) feet, the minimum lot frontage shall be eighty (80) feet and each lot shall be so situated so that the well to serve each lot shall be able to be located not less than one hundred (100) feet from any septic tank or tile field on the same lot or any abutting lot. In addition, the subdivider shall provide evidence that the soil percolation rates and topography comply with the requirements of Title 124 of the Nebraska Department of Environmental Quality on each lot proposed in the subdivision.

C. Standards

When applicable, improvement plans for a public water distribution system shall be provided showing

main sizes, types of pipe, locations of fire hydrants, locations and types of valves and, if applicable,

booster pumps and other appurtenances. The design of the water distribution system shall be subject

to approval of the City Council and shall be designed in accordance with the following standards:

1. The minimum water main or pipe size shall be determined by the type of use(s) to be served and

the provision of adequate fire flow capacities within the subdivision. Generally, water lines shall

be at least six (6) inches in diameter.

2. The maximum distance between fire hydrants shall be determined by the City Council, but

generally any portion of the proposed subdivision shall be within three hundred (300) feet of a fire hydrant.

3. Gate valves on cross-connecting water lines shall be so located that no single break in the water

distribution system within the subdivision shall require more than five hundred (500) feet of such

line to be out of service in commercial and industrial use areas and eight hundred (800) feet of

such line in residential areas. Valves on cross connecting mains shall be so located that a break in

the secondary distribution system will not necessitate shutting down major distribution mains.

4. The design and testing of all water lines shall be in accordance with applicable standards of the City and the Nebraska Department of Health.

SECTION 712 SHARED IMPROVEMENT COSTS

712.01 Oversize and Off-site Improvements

The utilities, street pavement and other improvements required for the proposed subdivision may be required by City Council to be oversized or extended to serve nearby land or anticipated future development. This determination shall be made at the sole discretion of the City Council, upon recommendation by the Planning Commission and in consultation with the Zoning Administrator and the City Engineer.

712.02 Cost of Oversize Improvements

Minimum street pavement widths for all streets in a subdivision shall conform to the standards established in Schedule A of this Ordinance. Minimum utility sizes shall be determined by the standards of the City and this Ordinance with regard to providing service to the subdivision in question. Where pavement widths or larger utility pipe or main sizes are deemed necessary, the City shall bear the additional cost of providing such greater width or larger main or pipe sizes. The subdivider shall be required to pay for that part of the construction costs for the arterial streets, trunk sewers, or major water distribution mains which would be equivalent to constructing the minimum streets and utilities which would otherwise be required to serve the subdivision in question.

712.03 Extensions of Improvement to Boundaries of a Subdivision

The subdivider may be required to extend streets, utilities, drainage or other improvements in a subdivision

to the boundaries of such subdivision at the subdivider’s expense to allow for service to future developments on adjoining lands, as recommended by the Planning Commission and required by the City Council.

712.04 Off-site Extensions

If a subdivision contains lots less than one (1) acre in size and streets or utilities are not available at the boundary of the proposed subdivision or within the distances or costs established in Sections 611 and 612 of this Ordinance and City Council determines that extensions of public water and/or sewer mains across undeveloped land are not warranted, the subdivider, if he/she wishes to proceed, shall pay the cost of such off-site improvements and provide for appropriate off-site easements prior to approval of the final plat for such subdivision. Such improvements shall be available for use by subdividers of adjoining lands, except that such subdividers shall pay to the City an amount equivalent to the cost of construction of such off-site improvements and the City shall pay such amount to the subdivider who installed such off-site improvements.

712.05 City Participation

If the City Council determines that it is advisable that a proposed subdivision be accepted and that:

A. the subdivision shall be platted as an addition to the City, or will be otherwise annexed to the City,

B. the expenditure of public funds, in addition to any such expenditure normally provided by the City by the City, would be in the interest of the economic development of the City because the type of development proposed in the subdivision addresses a need of the City with regard to maintaining and / or enhancing the strength of the City's economy and enhancing the tax base.

C. The reasonableness of the costs of such improvements and the prospect of the City recovering the

costs of any such improvements and the engineering cost thereof through assessment districts, property and sales taxes, service fees, or other legal means within a reasonable period of time, with a maximum time frame being fifteen (15) years. (See restriction on assessment of costs, Section 713.03 of this Ordinance.)

D. the subdivision is consistent with the prioritized growth areas of the City, as indicated in the City's Comprehensive Plan (Future Land Use Plan and Annexation Areas), and there will be a benefit to surrounding subdivisions in existence or proposed, with regard to the benefits of street extensions, utility extensions and drainage improvements.

E. the subdivision can be adequately served by water, sewer, electrical and natural gas utilities without undue expenditures of public funds to extend services or expand capacities of such utilities,

F. the City has the financial ability to pay such costs without undue impact on the budget of the City,

G. the subdivision will not place undue burdens on the City for provision of law enforcement, fire

protection, ambulance and rescue and other services of the City,

the City may agree to pay for, finance or provide any part of the required improvements, as determined by the City Council.

SECTION 713 SUBDIVISION IMPROVEMENT GUARANTEES

Prior to recordation of any final plat approval, but after approval of the final plat and all subdivision improvement plans and specifications, the subdivider shall complete all improvements required for the subdivision. The final plat shall not be recorded until all improvements have been inspected and determined to be in accordance with the approved plans and specifications and until dedication of all appropriate improvements and acceptance thereof by the City Council. In lieu of completion of construction of all improvements prior to final plat recordation, the City Council may enter into an agreement with the subdivider whereby the subdivider shall guarantee to complete all improvements required by the City and this Ordinance. To secure such an agreement, the subdivider shall provide, subject to approval and acceptance of the City Council, one (1) or more of the guarantees set forth below:

713.01 Surety Performance Bond

The subdivider shall obtain a performance bond from a bonding company authorized to do business in the State of Nebraska and acceptable to the City Council. The bond shall be payable to the City and shall be in an amount of one hundred ten (110) percent of the estimated cost of all improvements required to be installed by the subdivider. The estimated cost of such improvements shall be subject to review of the City Engineer and approval of the City Council. The duration of the bond shall be until such time as the improvements required to be installed by the subdivider have been installed, inspected and accepted by the City Council in accordance with Section 714.07 of this Ordinance.

713.02 Escrow Account

The subdivider shall deposit cash or other instrument readily convertible to cash at face value, either with the City or in escrow at a bank. The use of any instrument other than cash and the bank to hold such escrow shall be subject to approval by the City Council. The amount of the escrow shall be equal to one hundred ten (110) percent of the estimated cost of all improvements required to be installed by the subdivider. . The estimated cost of such improvements shall be subject to review of the City Engineer and approval of the City Council. The subdivider shall file with the City Council an escrow agreement between the bank and himself / herself guaranteeing the following:

1. That the funds in such escrow account shall be held in trust until released by the City and may not be used or pledged by the subdivider as security for any other matter during the period such funds are held in escrow.

2. That in the event of failure of the subdivider to satisfactorily install all improvements required of him / her, the bank shall immediately make the funds of such escrow account available to the City for use in the completion of construction of such improvements.

3. As improvements are made by the subdivider and inspected and approved by the City, the amount of escrow may be reduced accordingly, provided that at no time shall be amount held in escrow be less than one hundred ten (110) percent of the estimated cost of improvements which have not been installed or accepted.

713.03 Improvement (Assessment) District

Due to the fact that the City wishes to encourage new subdivision development in the City, but that it does not wish to place or assume unnecessary financial risks for the taxpayers of the City, which would result from direct payment for improvements, the creation of such improvement (assessment) districts for new subdivisions may be utilized whenever the City Council shall determine that the resulting assessments would be consistent with the Council’s findings in Section 712.05 herein. Further to minimize the City’s financial risk associated with a subdivider’s default on the assessment payments, the use of such improvement (assessment) districts in relation to new subdivision development shall be limited as follows:

1. The subdivider and the City Council shall agree on the number of lots to be included in each final plat phase of the subdivision to relate the number of lots to be developed with a reasonable expectation that such lots can be sold within a period not exceeding five (5) years, or

2. The subdivider shall provide a personal financial guarantee for the cost of subdivision improvements for which he / she shall be responsible and provide such documentation regarding the financial ability of the subdivider in association with said guarantee that is acceptable to the City Council.

713.04 Time Limits

Prior to granting of a final plat approval, the subdivider and the City Council shall agree upon a deadline for the completion of all subdivision improvements to be installed. Such deadline shall not exceed two (2) years from the date of final plat approval, provided however, the City Council may extend that deadline for one (1) additional year when the subdivider presents good cause for such extension and provides any additional surety made necessary due to inflation or increased cost of completing such improvements.

The City, if financial participation in the development of the subdivision in accordance with conditions of Section 712.05 of this Ordinance for street paving and sidewalk construction and related improvements, may delay the actual street, sidewalk and related improvement construction for up to a period of three (3) years from the date of final plat approval by the City Council in an effort to reduce such street paving and sidewalk and related improvements construction cost by potentially combining a number of assessment districts resulting in a larger construction project. In the event such street paving, sidewalk construction and related improvements in an assessment district is to be delayed, the subdivider shall place, on the final plat document, a restriction on all lots within the subdivision included in said assessment district which states that all lots, by prior agreement of the subdivider, are subject to assessments for street paving, construction of sidewalks and any other improvements included in such assessment district and that the owner’s of lots within the subdivision shall, at the time of construction and assessment of the improvements, agree to such assessments and shall not have any right to petition against the said assessments.

713.05 Failure to Complete Improvements

If any construction of any improvements required to be installed by the subdivider are not completed

and accepted for dedication in compliance with Section 713.07 below within the required time period, either for reason of non-completion or for reason of substandard and unacceptable construction, the City Council shall take one (1) of the following actions:

1. Where improvements have been guaranteed under Section 713.01 of this Ordinance, the guarantee shall be forfeited to the City and the City shall use the proceeds from such guarantee to complete all improvements remaining to be installed.

2. Where improvements have been guaranteed under Section 713.02 of this Ordinance, the City shall declare whatever security that has been pledged as a guarantee to be forfeited and the City shall use the proceeds from such guarantee to complete all improvements remaining to be installed.

713.06 Default on Improvement (Assessment) District Payments

Should the subdivider have provided a personal guarantee in association with an improvement (assessment) district and should the subdivider than default on payment of such assessments, the City shall initiate action to attach and collect such personal guarantee and use all proceeds therefrom to complete all improvements remaining to be installed.

713.07 Inspection and Acceptance of Improvements

The Zoning Administrator, the City Engineer and any other authorized official of the City shall regularly inspect construction of the required improvements. Upon completion of improvements, the Zoning Administrator, the City Engineer and such other authorized official shall file with the City Council a statement either certifying that the improvements have been satisfactorily completed or that defects in such improvements exist and the statement shall list all specific defects and actions appropriate to eliminate such defects. If defects exist, the City Council shall require the subdivider to eliminate all such defects within the time limits established for such improvements set forth in this Ordinance.

Upon satisfactory completion of all improvements, the subdivider shall file with the City Council, a signed statement stipulating the following:

1. That all required improvements have been installed and are complete and that all required improvements are in compliance with the minimum standards specified by the City.

2. That the subdivider knows of no defect in any improvement and that all required improvements are free and clear from any encumbrance or lien.

If the Zoning Administrator, the City Engineer or any other authorized official has certified that all required improvements are complete and free from defect, the City Council shall accept any dedication of such improvements. The City Council may accept the dedication of any portion of the improvements provided that all statements and agreements specified above shall have been received for the affected portion of the improvements.

714.08 Release of Guarantees

Upon acceptance, in accordance with Section 713.07 above, the City Council shall authorize the release of any outstanding surety or guarantee provided by the subdivider.

SECTION 714 OPERATION AND MAINTENANCE OF IMPROVEMENTS

Unless specifically agreed by the City Council, it is the intention of the City to provide no services other than planning, zoning and subdivision regulation administration, other than the provision of water and sewer utilities when authorized by the City Council in accordance with the conditions of Section 712.05 of this Ordinance, to the land area within the jurisdictional area of the City, but outside the corporate limits of the City of O'Neill, Nebraska. It shall therefore be the responsibility of the subdivider to present to the Planning Commission and City Council a precise approach for the operation and maintenance of streets and other subdivision improvements within a subdivision so located outside of the corporate limits of the City at the time of request for final plat approval that annexation to the City is not feasible. Such approach shall include the formation and perpetuation of an owner’s association or other method for generating the finances necessary for the proper maintenance and operation of the streets and other improvements within the subdivision. Such approach shall be binding on the subdivider in a form, agreement or contract acceptable to the City Council.

ARTICLE 8 VARIANCES AND EXCEPTIONS

SECTION 801 GRANTING OF VARIANCES TO THIS ORDINANCE

In addition to the exceptions contained in this Ordinance, the Planning Commission may recommend and the City Council may authorize variances from the requirements of this Ordinance, but only after determining that:

1. There are unique circumstances or conditions affecting the land being subdivided, that are not the result of action by the subdivider, which can be best addressed through varying the requirements of this Ordinance.

2. The variance(s) proposed are necessary for the reasonable and acceptable development of the land being subdivided.

3. The granting of the variance(s) will not be detrimental to the public or injurious to adjacent or nearby properties.

SECTION 802 MINOR SUBDIVISIONS

802.01 Determination

Upon request by the subdivider and determination by the Zoning Administrator, a subdivision may be deemed an exception to a portion of the requirements of this Ordinance and may be processed as a minor plat when it meets all of the following requirements:

1. Said subdivision contains three (3) or fewer lots all fronting on an existing street.

2. Said subdivision does not involve any new street, extension of public utilities or creation of the need for other public improvements.

3. Said subdivision will not adversely affect the remainder of the parcel from which is it being subdivided or adjoining property and is deemed by the Planning Commission to be a one-time occurrence and not a means of avoiding a preliminary plat on the whole of the contiguous property owned by the subdivider.

4. Said subdivision is not in conflict with any provision of the Comprehensive Plan, the City’s Major Street Plan or the zoning regulations of the City or any other applicable section of this Ordinance.

802.02 Information Waiver

In making a request for minor subdivision approval, the subdivider may propose that the normal requirements of providing of platting information including topographic data and other data normally required for final plat approval be waived. The Zoning Administrator may waive the requirements for such information unless he / she determines that any part of such information is needed to determine the appropriateness of said minor subdivision. The Planning Commission or City Council, when reviewing the minor subdivision, may require that such information be provided even though such waiver may have been granted by the Zoning Administrator.

802.03 Planning Commission and City Council Review

A minor subdivision application shall be deemed an application for final plat approval. The Planning Commission and City Council shall review said final plat for at least the following minimum requirements:

1. Conformity with the Comprehensive Plan, the Major Street Plan and the requirements of

the applicable zoning regulations.

2. Correctness of the legal description, certifications, computations, lot data, monuments

and markers, adequate drainage and such other information as may be deemed necessary

by the Planning Commission or City Council.

802.04 Planning Commission and City Council Action

The Planning Commission may recommend approval, approval with conditions, or rejection of a minor subdivision final plat, and forward its recommendation to the City Council action and acceptance of any dedication and recordation in accordance with the requirements of this Ordinance.

SECTION 803 ADMINISTRATIVE SUBDIVISIONS

803.01 Zoning Administrator Authority

The Zoning Administrator is hereby authorized to approve on behalf of the City, further subdivisions of existing platted lots whenever all required improvements have been installed, no new dedication of public rights-of-way or easements are involved, and such subdivisions comply with Comprehensive Plan, the Major Street Plan and all applicable zoning regulations. The Planning Commission Certification on such plat shall be replaced with a Zoning Administrator’s Certification that such subdivision meets all requirements of an administrative plat and recording of such plat is so authorized.

803.02 Planning Commission Approval Waived

A recommendation of the Planning Commission for administrative subdivisions shall not be required and only the certification of the City Council shall be needed prior to recordation of an administrative subdivision.

ARTICLE 9 - ADMINISTRATION

SECTION 901 GENERAL

901.01 Authority

It shall be the responsibility of the Zoning Administrator to administer and enforce this Ordinance and to bring to the attention of the Planning Commission and City Council any violation or lack of compliance with this Ordinance with regard to any subdivision within the jurisdiction of this Ordinance.

901.02 Limitation on Transfer of Real Estate

No owner, or agent of an owner of any parcel of land resulting from a subdivision of land within the jurisdiction of this Ordinance shall transfer or sell and parcel of land unless a plat of such subdivision has been approved by the Planning Commission and City Council in accordance with the provisions of this Ordinance and filed for record with the Holt County Register of Deeds. Further any subdivision of land by use of metes and bounds description, including re-subdivision of platted lots, for the purpose of sale, transfer or lease which would evade the requirements of this Ordinance shall not be permitted. All such subdivisions shall be subject to the requirements of this Ordinance.

901.03 Limitation on Building (Zoning) Permits

No permit shall be issued for construction of any building or structure located on a lot or parcel subdivided, sold, transferred or leased in violation of the provisions of this Ordinance.

SECTION 902 OBJECTION PERIOD

Whenever any conveyance, in any manner purporting to subdivide real estate, has been or is hereafter recorded in the Office of the Holt County Register of Deeds and the conveyance, or the recording thereof, has failed to comply with any requirement of this Ordinance, any party claiming in interest in such conveyance may file an affidavit with the Register of Deeds asserting that written notice of the defect in approval has been received by the City Council. Upon filing such affidavit, the City Council shall have one hundred twenty (120) days from the receipt of such notice of defect to record an objection in the Office of the Register of Deeds or such conveyance shall be fully valid. If an objection is filed, the conveyance shall not be validated. The objection shall be in the form of a resolution adopted after public hearing. Notwithstanding the validity of such conveyance, the subdivider shall not thus be relieved of any penalty imposed by this Ordinance for failure to comply with all the requirements of this Ordinance. Any conveyance of real estate under the jurisdiction of this Ordinance for public use shall be valid only upon express approval of the City Council.

SECTION 903 VIOLATIONS AND PENALTIES

Any person who shall dispose of, or offer for sale or lease, any lot or parcel of land under the jurisdiction of this Ordinance, until a plat thereof has been duly approved, acknowledged and recorded as provided in this Ordinance shall forfeit and pay fifty dollars ($50.00) for each lot and part of a lot sold or disposed of, leased or offered for sale and/or shall be punishable in any other manner provided under applicable statutes of the State of Nebraska.

ARTICLE 10 - AMENDMENTS

SECTION 1001 AMENDMENTS

Any provision of this Ordinance may be amended, supplemented, changed, modified, or repealed from time to time by the City Council according to law, provided however, that such amendments, supplements, changes, modifications or repealed provisions shall not become effective until the Planning Commission shall have reviewed the proposal, conducted a properly advertised public hearing for which public notice is published in the legal newspaper of the City at least ten (10) days in advance of such public hearing, and after receiving public input shall have submitted a written recommendation of the Planning Commission to the City Council regarding such proposal.

The City Council, shall, at a properly advertised public hearing for which public notice is published in the legal newspaper of the City at least ten (10) days in advance of such public hearing, review the recommendations of the Planning Commission, review public input received at said public hearing and decide the appropriateness of such proposal.

ARTICLE 11 - LEGAL STATUS PROVISIONS

SECTION 1101 REPEAL OF CONFLICTING ORDINANCES

Ordinance No. 2041-88 and all other ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent necessary to give this Ordinance full force and effect.

SECTION 1102 SEVERABILITY

Should any Article, Section or provision of this Ordinance be declared by a Court having jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of this Ordinance as a whole, or any part thereof other than that part so declared to be unconstitutional or invalid.

SECTION 1103 ADDITIONS

All additions to the City of O'Neill, Nebraska which have heretofore been approved and accepted, and which may hereafter be laid out in accordance with the provisions of this Ordinance and accepted and approved, shall be and become incorporated into this City of O'Neill, Nebraska for all purposes whatsoever, and the inhabitants of such additions shall be entitled to all the rights and privileges and be subject to all laws and regulations of the City of O'Neill, Nebraska, unless such incorporation into the corporate limits of the City is specifically exempted by the City Council.

SECTION 1103 EFFECTIVE DATE

This Ordinance shall take effect and be in force from and after its passage and publication according to law.

PASSED AND APPROVED THIS ________ DAY OF _________________, _____

_________________________

Mayor

_________________________

Attest: City Clerk

SCHEDULE A

MINIMUM STREET STANDARDS

City of O'Neill, Nebraska

STREET MINIMUM MINIMUM MINIMUM MINIMUM MAXIMUM MINIMUM

CLASSIFICATION RIGHT-OF-WAY PAVEMENT NUMBER OF SHOULDER GRADE CENTERLINE

(Feet)_____ WIDTH (Feet)* LANES WIDTH (Feet) (%) RADIUS
(Feet)

Arterial Street 80 -100 ** 2 4 7 775

Collector Street 80 40 2 4 7 300

Local Street 50*** 30 2 4 10 200

Cul-de-sac or

Loop Street 50**** 30**** 2 3 10 200

Marginal Access

(Frontage Road - No Parking) 40 22 2 3 10 200

____________________________________________________________________________________________________

* Measured from back to back of curb

** Minimum pavement width for arterial streets shall be as determined by the City Council upon recommendation by the

Planning Commission, but in no case shall said minimum pavement width be less than eleven (11) feet per driving

lane.

*** Minimum right-of-way shall be increased to contain the full extent of any required cuts or fills.

**** Minimum right-of-way radius for the cul-de-sac turnaround shall be fifty (50) feet. Minimum pavement radius for the

cul-de-sac turnaround shall be forty (40) feet.

APPENDIX 1

PRELIMINARY PLAT CHECKLIST O'Neill, Nebraska

Name of Subdivision:__________________________________________________________________________________

Location: ___________________________________________ Applicable Zoning District(s)________________________

Owner/ Subdivider:___________________________________ Owner’s / Subdivider's Address:______________________

Owner’s Telephone: (____)_______________ ______________________

Surveyor:____________________________________________ Surveyor’s Telephone: (____)_______________________

Engineer:____________________________________________ Engineer’s Telephone: (____)_______________________

Engineer's Address:____________________________________________________________________________________

Date Submitted for Preliminary Plat Approval: _________________, 20___

ZONING ADMINISTRATOR CHECKLIST:

___ 10 copies of preliminary plat submitted 21 days prior to Planning Commission meeting

___ 4 copies of supplemental information on preliminary plat submitted 21 days prior to Planning Commission meeting

___ Preliminary plat filing and review fee has been paid by subdivider

___ Preliminary plat legal description is indicated

___ Preliminary plat includes all contiguous land holdings of subdivider (verify at County Assessor's Office if necessary)

___ Preliminary plat drawn to scale not exceeding 100’ per inch

___ Locations of existing building(s) and trees indicated

___ Names and locations of applicable existing street rights-of-way, proposed street rights-of-way, proposed street names,

dimensions of street rights-of-way and approximate grades, curve radii and pavement widths proposed are indicated

___ Existing and proposed sewers, water mains and appurtenances and proposed pipe sizes and approximate grades to serve

the subdivision are indicated

___ The location of all existing and proposed utility and other easements are indicated

___ Topography at proper scale and any areas subject to flooding are indicated on plat

___ Drainage plan and report, which complies with the requirements of the Subdivision Ordinance, has been submitted

___ Proposed phasing of development indicated (if applicable)

___ Notice of Planning Commission Public hearing to newspaper and notice has been published

___ Copies of Preliminary Plat distributed to all review entities

___ Meeting of Subdivision Review Committee has been scheduled and meeting notices mailed to review entities,

subdivider and subdivision engineer.

___ Comments and recommendations received from Subdivision Review Committee and Zoning Administrator

recommendations ready for Planning Commission review

PLANNING COMMISSION PRELIMINARY PLAT REVIEW CHECKLIST

___ Preliminary Plat includes all contiguous land holdings of the subdivider and makes adequate provision for future access

and utility service to all portions of such contiguous holdings

___ Preliminary Plat is consistent with Comprehensive Plan with regard to land use, land use intensity, and public use (land

reservation) recommendations of the Plan and is consistent with the regulations of the applicable zoning district(s)

___ Preliminary Plat is consistent with the Major Street Plan with regard to extension of major streets

___ If Preliminary Plat indicates areas subject to flooding, provisions for building site and street elevations are in accordance

with the requirements of the Subdivision Ordinance

___ Preliminary Plat provides for proper sizing of lots and blocks, particularly appropriate sizing of corner lots

___ Preliminary Plat provides proper extension of existing streets and extensions of proposed streets for access to abutting

properties and proper marginal access streets (frontage roads), if applicable and such extensions are acceptable with

regard to flood hazards and / or topography

___ Preliminary Plat includes the required drainage study and makes proper provision for adequate surface drainage into,

through and out of the subdivision based upon the findings of the drainage study

___ Preliminary Plat provides easements which are adequate in location and width for intended uses

___ Preliminary Plat provides proposed utility locations and capacities acceptable in accordance with the requirements of the

Subdivision Ordinance and such utility locations and capacities provide for further extension of such utilities into

adjoining properties when such properties may be developed.

___ Preliminary Plat provides sidewalks as required by the Subdivision Ordinance

___ If the Preliminary Plat proposes the development of common open space, adequate provisions for creation of Owner’s

association or other owner entity for assessment of owners to maintain such common open space in accordance with the

requirements of the Subdivision Ordinance is proposed

___ Subdivider has provided an indication of financing of infrastructure improvements in the proposed subdivision and, if

City participation in financing is proposed in the form of assessments against the property in the subdivision, the

Preliminary Plat provides development phasing consistent with the requirements of the Subdivision Ordinance

PLANNING COMMISSION ACTION RECORD

With regard to a Preliminary Plat of (Name of Subdivision)_____________________________________the Planning Commission voted on _______________to recommend to the City Council:

(date)

___ Approval of Preliminary Plat and supplemental information as submitted

___ Approval of Preliminary Plat and supplemental information subject to the following changes or conditions:

List Conditions (or attach conditions): __________________________________________________________________

_________________________________________________________________________________________________

___ Approval of the following variance(s) from the requirements of the Subdivision Ordinance is/are recommended:

_________________________________________________________________________________________________

___ Rejection of Preliminary Plat is recommended for the following reason(s)______________________________________

________________________________________________________________________________________________

CITY COUNCIL PRELIMINARY PLAT REVIEW CHECKLIST

___ City Council has received and reviewed the recommendations of the Planning Commission

___ If Planning Commission has recommended approval of Preliminary Plat with conditions or variances, the City Council agrees with such conditions and / or variances. (If the City Council does not agree with recommended conditions and / or variances, the Council may modify or attach additional conditions and / or variances.

___ City Council finds the Preliminary Plat consistent with the adopted Comprehensive Plan, Zoning Regulations and

Subdivision Regulations (Refer to Planning Commission Preliminary Plat Review Checklist.)

___ Drainage provisions, based upon the required drainage study, are acceptable

___ If subdivider is petitioning the City Council seeking financial participation in the final plat engineering and / or development of the infrastructure improvements in the proposed subdivision, the City Council shall determine if such participation is warranted in accordance with the following conditions for such City participation, as set forth in Section 712.05 of the Subdivision Ordinance:

___ the subdivision shall be platted as an addition to the City, or will be otherwise annexed to the City,

___ the expenditure of public funds, in addition to any such expenditure normally provided by the City by the City, would be in the interest of the economic development of the City because the type of development proposed in the subdivision addresses a need of the City with regard to maintaining and / or enhancing the strength of the City's economy and enhancing the tax base.

___ the reasonableness of the costs of such improvements and the prospect of the City recovering the costs of any such improvements and the engineering cost thereof through assessment districts, property and sales taxes, service fees, or other legal means within a reasonable period of time, with a maximum time frame being fifteen (15) years. (See restriction on assessment of costs, Section 713.03 of Subdivision Ordinance.),

___ the subdivision is consistent with the prioritized growth areas of the City, as indicated in the City's Comprehensive Plan (Future Land Use Plan and Annexation Areas), and there will be a benefit to surrounding subdivisions in existence or proposed, with regard to the benefits of street extensions, utility extensions and drainage improvements,

___ the subdivision can be adequately served by water, sewer, electrical and natural gas utilities without undue expenditures of public funds to extend services or expand capacities of such utilities,

___ the City has the financial ability to pay such costs without undue impact on the budget of the City,

___ the subdivision will not place undue burdens on the City for provision of law enforcement, fire protection, ambulance and rescue and other services of the City,

___ If the City Council shall conditionally determine that financial participation by the City complies with the above conditions and if any such participation is proposed to include assessment of all or a portion of the costs of final plat engineering and development of the subdivision against the property contained with the subdivision, the City Council and the subdivider have reached an agreement with regard to phasing of the final platting and subdivision development which complies with the following requirement, as set forth in Section 713.03 of the Subdivision Ordinance:

___ The subdivider and the City Council have agreed on the number of lots to be included in each final plat phase of the subdivision to relate the number of lots to be developed with a reasonable expectation that such lots can be sold and assessments paid within a period not exceeding five (5) years

CITY COUNCIL ACTION RECORD

With regard to a Preliminary Plat of ___________________________________the City Council voted on _____________to:

(name of subdivision) (date)

___ Approve the Preliminary Plat, supplemental information and plans and specifications as submitted

___ Approve the Preliminary Plat, supplemental information and plans and specifications subject to the following changes or

conditions: (List or Attach conditions): _________________________________________________________________

_________________________________________________________________________________________________

______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

___ Approve the following variance(s) from the requirements of the Subdivision Ordinance:

_________________________________________________________________________________________________

__________________________________________________________________________________________________________________________________________________________________________________________________

___ Reject the Preliminary Plat for the following reason(s)_____________________________________________________

_________________________________________________________________________________________________

__________________________________________________________________________________________________________________________________________________________________________________________________

___ If City financial participation in the form of assessments against properties within the proposed subdivision has been tentatively approved, phasing of development of the subdivision has been agreed as follows: ______________________

FINAL PLAT CHECKLIST O'Neill, Nebraska

Name of Subdivision:__________________________________________________________________________________

Location: ___________________________________________ Applicable Zoning District(s)________________________

Owner/ Subdivider:___________________________________ Owner’s / Subdivider's Address:______________________

Owner’s Telephone: (____)_______________ ______________________

Surveyor:____________________________________________ Surveyor’s Telephone: (____)_______________________

Engineer:____________________________________________ Engineer’s Telephone: (____)_______________________

Engineer's Address:____________________________________________________________________________________

Date Submitted for Final Plat Approval: _________________, 20___

ZONING ADMINISTRATOR CHECKLIST:

___ Final plat submitted for approval within 2 years of preliminary plat approval

___ 10 copies of final plat submitted 21 days prior to Planning Commission meeting

___ 4 copies of final plat supplemental information, construction plans and specifications for improvements submitted 21

days prior to Planning Commission meeting

___ Final plat filing and review has been paid by subdivider

___ Final plat is consistent with phasing approved by City Council (if applicable)

___ Final plat is drawn to scale not exceeding 100’ per inch and is on sheet size not exceeding eighteen (18) inches by

twenty four (24) inches and accurately contains the following information:

___ The name of the proposed subdivision, the acreage of the land in the final plat and the location of the land within the subdivision final plat by specific legal description indicating boundary lines with accurate lengths, angles and bearings based upon an accurate traverse. Said boundary lines shall be determined by a balanced and closed survey conducted in the field. (See Section 602, Subdivision Ordinance).

___ The name(s) of the owner(s) of the land within the subdivision are properly indicated in Owner's Certification

___ Date, north point and graphic scale of the plat map is indicated on the plat

___ The name of the surveyor and/or engineer who prepared the final plat is indicated

___ The name, location and dimensions in feet and hundredths of feet with bearings or deflection angles, radii, arcs and

central angles of all curves of the rights-of-way of all streets, alleys and other rights-of-way, all lot lines and other

sites, and building setback lines, if such building setback lines are to be in excess of these required by the applicable

zoning regulations

___ The radii, central angles, tangents, lengths of arcs, curvature angles at street intersections and a complete traverse of each street within and on the perimeter of the plat

___ The location, dimensions in feet and purpose of all easements is indicated on the plat

___ If applicable, all lake, pond, stream or river shore meander lines established by the surveyor indicating the high and low water marks are indicated. If any area within the plat is subject to flooding, the minimum floor elevation for each lot which is subject to flooding shall be indicated

___ All lot and block numbers

___ Accurate location, size, type and material of all monuments, an indication of whether such monuments were found

or set and the elevation of at least one (1) such monument

___ Accurate locations of any area to be dedicated or reserved for public use or acquisition with the purpose(s) indicated thereon. Any area to be reserved by covenant or deed restriction for the common use by the owners in the subdivision shall also be located and noted and provisions have been made for assessment of owners for the maintenance of such common open space

___ Restrictive covenants or deed restrictions applicable to the land contained in the plat, either placed directly on the plat or

attached thereto. Such covenants or restrictions shall clearly indicate the disposition of all land within the plat with

respect to liability, maintenance and other responsibility (See Section 503.04, Subsection L of Subdivision Regulations)

___ All required certifications appear on the final plat and are properly worded

___ Construction plans and specifications for all proposed streets, storm sewers, culverts, drainageways, sanitary sewers,

water mains, sidewalks and other applicable improvements are complete

___ Notice of Planning Commission Public hearing to newspaper and notice has been published

___ Copies of final plat, supplemental information and construction plans and specifications distributed to all

Subdivision Review Committee entities

___ Meeting of Subdivision Review Committee has been scheduled and meeting notices mailed to all review entities

___ Comments and recommendations received from Subdivision Review Committee and Administrator recommendations

ready for Planning Commission review

PLANNING COMMISSION FINAL PLAT REVIEW CHECKLIST

___ Final Plat is consistent with the approved preliminary plat

___ Final Plat is consistent with the phasing approved by the City Council, if applicable

___ Final Plat is consistent with Comprehensive Plan with regard to land use, land use intensity, and public use (land

reservation) recommendations of the Plan

___ Final Plat is consistent with the regulations of the applicable zoning district(s), with particular reference to adequate

sized lots, particularly corner lots

___ Final Plat is consistent with the Major Street Plan with regard to extension of major streets, right-of-way widths and, if

applicable, marginal access streets

___ All required certifications appear on the final plat and are properly worded

___ Required minimum restrictive covenants, as described in Subdivision Ordinance, are indicated or attached to plat

___ Storm sewers and drainage facilities comply with the findings of the drainage report submitted in the preliminary plat

review process and have been reviewed for adequacy

___ Infrastructure improvement plans and specifications for streets, storm sewers and drainage facilities, sanitary sewers,

water supply, sidewalks, street signs and street lighting have been reviewed and are acceptable in accordance with the

requirements of the Subdivision Ordinance and the City's specifications

___ Final Plat meets all other requirements of a final plat set forth in the Subdivision Ordinance

PLANNING COMMISSION FINAL PLAT ACTION RECORD

With regard to a Final Plat of (Name of Subdivision)________________________________________the Planning Commission voted on _______________to recommend to the City Council:

(date)

___ Approval of Final Plat and supplemental information as submitted

___ Approval of Final Plat and supplemental information subject to the following changes or conditions: List Conditions:

_________________________________________________________________________________________________

___ Approval of the following variance(s) from the requirements of the Subdivision Ordinance is/are recommended________

_________________________________________________________________________________________________

___ Rejection of Final Plat is recommended for the following reason(s)___________________________________________

_________________________________________________________________________________________________

CITY COUNCIL FINAL PLAT REVIEW CHECKLIST

___ City Council has received and reviewed the recommendations of the Planning Commission.

___ If Planning Commission has recommended approval of Preliminary Plat with conditions or variances, the City Council

agrees with such conditions and / or variances. (If the City Council does not agree with recommended conditions and /

or variances, the Council may modify or attach additional conditions and / or variances.

___ Final Plat is consistent with the approved preliminary plat.

___ Final Plat is consistent with the phasing approved by the City Council, if applicable.

___ Final Plat is consistent with Comprehensive Plan with regard to land use, land use intensity, and public use (land

reservation) recommendations of the Plan.

___ Final Plat is consistent with the regulations of the applicable zoning district(s), with particular reference to adequate

sized lots, particularly corner lots.

___ Final Plat is consistent with the Major Street Plan with regard to extension of major streets, right-of-way widths and, if

applicable, marginal access streets.

___ All required certifications appear on the final plat and are properly worded.

___ Required minimum restrictive covenants, as described in Subdivision Ordinance, are indicated or attached to plat.

___ Storm sewers and drainage facilities comply with the findings of the drainage report submitted in the preliminary plat

review process and have been reviewed for adequacy.

___ Infrastructure improvement plans and specifications for streets, storm sewers and drainage facilities, sanitary sewers,

water supply, sidewalks, street signs and street lighting have been reviewed and are acceptable in accordance with the

requirements of the Subdivision Ordinance and the City's specifications.

___ If City financial participation is requested by the subdivider and if the City Council has determined that such

participation is consistent with the conditions for such participation set forth in the Subdivision Regulations, and if the

subdivider has provided cost estimates for the various infrastructure components necessary to the proposed subdivision

and such costs are determined to be acceptable and affordable to the City, the City Council shall determine which

infrastructure components the City will pay for, provide or assess against property in the proposed subdivision and

which infrastructure components shall be provided and paid for by the subdivider, with such determination being

formalized in a written Subdivision Agreement.

CITY COUNCIL FINAL PLAT ACTION RECORD

With regard to a Final Plat of ________________________________________the City Council voted on _____________to:

(name of subdivision) (date)

___ Approve the Final Plat, supplemental information, and plans and specifications as submitted

___ Approve the Final Plat, supplemental information and plans and specifications subject to the following changes or

conditions: List or Attach conditions): _________________________________________________________________

_________________________________________________________________________________________________

___ Approve the following variance(s) from the requirements of the Subdivision Ordinance: __________________________

_________________________________________________________________________________________________

___ Reject the Final Plat for the following reason(s)___________________________________________________________

________________________________________________________________________________________________

___ If City financial participation is requested by the subdivider and if the City Council has determined at the preliminary plat stage that such participation complies with the conditions for such participation set forth in the Subdivision Ordinance, including the requirement that the subdivision has been platted as an addition to the City or will be otherwise annexed, the City Council has authorized the following participation: _________________________________________

_________________________________________________________________________________________________

___ If the approved City participation is in the form of assessments against properties within the proposed subdivision has

been tentatively approved, phasing of development of the subdivision complies with prior agreement.

___ A Subdivider's Agreement, setting forth the City and Subdivider participation in construction infrastructure improvements, including posting of acceptable financial guarantees by the Subdivider as been prepared by the subdivider, reviewed City Attorney and approved by the City Council

___ If applicable, assessment districts shall be created for the following area and improvements:_______________________

_________________________________________________________________________________________________

Real Estate Subdivision Regulation Information and Checklist

for use by persons wishing to subdivide real estate within the City of O'Neill, Nebraska AND its 2 mile jurisdictional area

The following is a procedural guide and listing of requirements for preparation, submission, review and approval of subdivisions of real estate, as set forth in the Subdivision Ordinance of the City of O'Neill, Nebraska:

PROCEDURES:

Step 1 Subdivider requests initial consultation with Zoning Administrator to determine the various requirements for the proposed subdivision, including, but not limited to: the zoning requirements, platting requirements, infrastructure development considerations, plat filing and review fees and other factors which will affect the proposed subdivision.

In this consultation, the Zoning Administrator shall indicate which of three types of subdivision review and procedures are required for the proposed subdivision. These three types include:

1. Preliminary and final plat review process. This process is required for larger multiple lot subdivisions (more than 3 lots) and where development of new infrastructure is needed to serve the lots in the subdivision.

This two-step process involves the preparation of a PRELIMINARY plat of the subdivision in which the proposed lot layout and proposed infrastructure improvements for all of the contiguous land owned by the subdivider is presented to the City for review and approval. Review and approval by the City requires review by the City Planning Commission, which recommends action on the proposed subdivision to the City Council and review and approval by the City Council.

<> Review and approval of a preliminary plat by the City authorizes the subdivider to then prepare aFINAL plat for all or a portion of the land contained in the preliminary plat. Each FINAL plat is then reviewed and approved by the City using the same Planning Commission and City Council review process.

2. Minor plat review process. This process is allowable for smaller multiple lot subdivisions which contain 3 or fewer lots where no additional infrastructure is necessary to serve the lots in the subdivision. This MINOR plat process combines the City's review and approval of the subdivision into a single review by the City Planning Commission and review and approval by the City Council.

3. Administrative plat review process. This process is allowable for very simple subdivisions involving re-subdivisions of existing platted lots where no infrastructure improvements are needed and there is no street right-of-way dedications or easements involved or affected. This ADMINISTRATIVE plat process allows the City Zoning Administrator to approve the re-subdivision without review and approval by the Planning Commission or City Council.

Step 2 Subdivider hires a licensed engineer / surveyor to conduct the necessary land survey, prepare the plat drawing

and, if applicable, conduct the necessary engineering and design of needed infrastructure improvements. (It is advisable for the subdivider to provide a copy of the City's Subdivision Regulations to the engineer / surveyor, if such engineer / surveyor does not already have a copy)

Step 3 Subdivider submits the proposed subdivision documents prepared by the Engineer / Surveyor to Zoning

Administrator and pays filing and review fee in preparation for Planning Commission and City Council review. (Refer to Subdivision Application Checklist.)

Step 4 Zoning Administrator checks the subdivision application for completeness prior to initiating review process. If application is incomplete, Zoning Administrator shall notify the subdivider that the application is incomplete, indicating the items which are lacking and shall indicate to the subdivider that the review process cannot be initiated until the application is complete.

<>Step 5 All subdivisions, except simple re-subdivisions, are reviewed by representatives of public utilities, telephone, cable television providers, City Engineer and Zoning Administrator at a joint meeting to determine appropriateness of the subdivision with regard to infrastructure. Subdivider and/or subdivider's representative must attend this meeting.

Step 6 All subdivisions, except simple re-subdivisions (Administrative Plats), are scheduled for review at a meeting of the City Planning Commission. The subdivider or the subdivider's representative presents the proposed subdivision to the Commission and the Commission determines the appropriateness of the subdivision design with regard to compliance with the City's Comprehensive Plan, Zoning Regulations and the Subdivision Regulations and formalizes a recommendation to the City Council regarding approval of the proposed subdivision. The Commission may recommend approval of the subdivision as presented, approval of the subdivision subject to conditions that certain aspects of the subdivision be modified or the Commission may recommend rejection of the subdivision due to non-compliance with the City's Comprehensive Plan, Zoning Regulations or Subdivision Regulations.

Step 7 All subdivisions, except simple re-subdivisions (Administrative Plats), are scheduled for review at a meeting of the City Council. The subdivider or the subdivider's representative presents the proposed subdivision to the Council and the Council considers the recommendations of the Planning Commission and determines the appropriateness of the subdivision design with regard to compliance with the City's Comprehensive Plan, Zoning Regulations and the Subdivision Regulations. The Council than takes action regarding approval of the proposed subdivision. The Council may approve of the subdivision as presented, approve of the subdivision subject to conditions that certain aspects of the subdivision be modified or the Council may reject the proposed subdivision due to non-compliance with the City's Comprehensive Plan, Zoning Regulations or Subdivision Regulations.

If the subdivider is presenting a preliminary plat to the City Council and if the subdivider believes the proposed subdivision would qualify for financial participation by the City in the development of the proposed infrastructure within and bordering the subdivision, the subdivider may request that the City Council determine if such participation by the City is appropriate under the conditions set forth in the Subdivision Ordinance. If the City Council determines that such participation may be appropriate and if all or any part of the infrastructure improvements are to be assessed against lots within the proposed subdivision, the subdivider and City Council shall agree on a plan for phasing of the subdivision development which minimizes the financial risk to the City. Final platting of the land within any such subdivision shall then comply with the agreed upon phasing.

If the subdivider is presenting a final plat, which is not a MINOR plat, to the City Council and if the City Council has determined during the preliminary plat review that financial participation by the City in the development of the proposed infrastructure may be appropriate, the subdivider and the City may negotiate a SUBDIVISION AGREEMENT which sets forth the infrastructure components to be paid for by the City, assessed against the property within the Subdivision, and those infrastructure components which are to be paid for by the subdivider. If the subdivider wishes to sell lots in the subdivision prior to completion of installation of the required infrastructure components, the subdivider shall post a type of financial guarantee in a form and amount acceptable to the City to insure that such components shall be constructed.

Subdivision Application Submission Checklist

The following is a checklist of information which must be included with any PRELIMINARY plat application:

___ A preliminary plat drawing at a scale of one (1) inch to fifty (50) feet or one (1) inch to one hundred (100) feet on a

maximum sheet size of twenty-four (24) inches by thirty-six (36) inches. The plat or attached information shall include

the following information:

___ The name of the proposed subdivision, the acreage of the land in the proposed subdivision and the location of the subdivision by specific legal description;

___ The name(s) of the owner(s) of the land within the subdivision and the name of the land planner, surveyor or engineer who prepared the preliminary plat;

___ Date, north point and graphic scale of the plat map;

___ The names and addresses of owners of property abutting the proposed subdivision;

___ The location and dimensions in feet and hundredths of feet of the property lines and the locations and dimensions in feet of lot lines, and building setback lines, if such building setback lines are to be in excess of these required by the applicable zoning regulations;

___ The location(s) of any existing building(s) or structure(s) to be retained;

___ The names and dimensions of all existing streets and the proposed names and dimensions of all proposed street rights-of-way with approximate grades and curve radii and pavement widths;

___ The location of existing and proposed water and sewer lines;

___ Existing and proposed topographic contours at two (2) foot intervals if the average slope is less than five (5) percent and at five (5) foot intervals if the average slope is five (5) percent or more and an indication of any areas within the proposed subdivision which are subject to flooding, provided that topographic information for any portion of the contiguous land holdings included in the preliminary plat which are not proposed to be subdivided may be provided utilizing enlargements of topographic maps provided by the United States Geological Survey instead of detailed topographic survey data.

___ The location of existing trees with trunks twelve (12) inches in diameter or greater, measured two (2) feet above the ground. Clumps of trees may be identified as a group of trees without precisely locating each tree;

___ A clear indication of the proposed course of surface water drainage from the point(s) where the water enters and leaves the subdivision together with the courses of all surface drainage within the subdivision and outside of the subdivision to the point where such water enters a water course or existing recognized storm drain and the locations of proposed storm sewers, culverts and related drainage facilities: (Refer to Section 710 of the Subdivision Ordinance for drainage report requirements).

___ The location and size of proposed easements, dedications and reservations of land, including any proposed park or common open space sites reserved for common or public use;

___ An indication of the proposed phasing of the subdivision development.

___ An indication of how the proposed subdivision improvements are to be financed. Such improvements shall be financed by the subdivider unless the City Council shall agree to finance a portion of the improvements, under the conditions set forth in Section 712.05 of the Subdivision Ordinance, and / or assess all or a portion of the cost of such improvements and / or the final plat engineering thereof against the lots in the proposed subdivision.

The following is a checklist of information which must be included with any FINAL plat application

(MINOR final plat applications must include the same information, but will not involve any construction plans or specifications)

___ Final plats shall be drawn in ink on dimensionally stable and reproducable plastic film only at a scale of one (1) inch to fifty (50) feet or one (1) inch to one hundred (100) feet on a maximum sheet size of eleven (11) inches by seventeen (17) inches. Where the size of the subdivision requires larger sheet sizes, said final plats shall be drawn on multiple sheets not exceeding eleven (11) inches by seventeen (17) inches, or, if the subdivision can be presented on one (1) sheet, a single eighteen (18) inch by twenty four (24) inch sheet may be used, and shall include the following information:

___ The name(s) of the owner(s) of the land within the subdivision (See Owner’s Certification below).

___ Date, north point and graphic scale of the plat map;

___ The name of the surveyor and/or engineer who prepared the final plat (See Surveyor’s Certificate below).

___ The name, location and dimensions in feet and hundredths of feet with bearings or deflection angles, radii, arcs and central angles of all curves of the rights-of-way of all streets, alleys and other rights-of-way, all lot lines and other sites, and building setback lines, if such building setback lines are to be in excess of these required by the applicable zoning regulations;

___ The radii, central angles, tangents, lengths of arcs, curvature angles at street intersections and a complete traverse of each street within and on the perimeter of the plat.

___ The location, dimensions in feet and hundredths of feet of all easements, together with an indication of the purpose or purposes of each easement.

___ All lake, pond, stream or river shore meander lines established by the surveyor indicating the high and low water marks. If any area within the plat is subject to flooding, the minimum floor elevation for each lot which is subject to flooding shall be indicated.

___ All lot and block numbers.

___ Accurate location, size, type and material of all monuments, an indication of whether such monuments were found or set and the elevation of at least one (1) such monument.

___ Restrictive covenants or deed restrictions applicable to the land contained in the plat, either placed directly on the plat or attached thereto. Such covenants or restrictions shall clearly indicate the disposition of all land within the plat with respect to liability, maintenance and other responsibility, and shall provide for the following items:

1. Provisions for the prohibiting maintaining of nuisances.

3. Provisions for maintaining proper site distances at street and alley intersections, within and on

the periphery of the subdivision, as set forth in Section 602.12 of the Zoning Ordinance.

4. Such other provisions as may be consistent with the use and protection of the subdivision,

including provisions for the amendment and enforcement of the covenants or restrictions by

any aggrieved property owner in the subdivision.

___ Certification and signature of the surveyor certifying to the effect that the final plat accurately represents a survey made by him/her or under his/her direct supervision, that any changes from the description appearing in the last record transfer of the land contained in the final plat are so indicated, that all monuments shown on the plat actually exist on the ground or will be installed and their position and description is correctly shown and that all dimensional and geodetic data are correct. The following surveyor’s certificate shall be used on all final plats:

SURVEYOR’S CERTIFICATION

I ____(name)____ hereby certify that I am a professional land surveyor, registered in compliance with

________(Signature)_________ _______(Date)_______

___ Certification signed and notarized by all parties holding title or having a title interest in the land contained in the final plat and consenting to the preparation and recording of the plat as submitted and consenting to all dedications noted thereon. The certification shall also indicate that the title to all land contained in the plat is free and unencumbered. The following owner’s certification shall be used on all final plats:

OWNER’S CERTIFICATION

I / We the undersigned, ________(names)_________ owner(s) of the real estate shown

and described herein, do hereby certify that I / we have laid off, platted and subdivided, and do hereby lay off, plat and subdivide, said real estate in accordance with the plat.

This subdivision shall be known and designated as ______(name)______, an addition to the City of O'Neill, Nebraska. (delete this last sentence if the subdivision is located outside of the corporate limits and will not be platted as an addition to the City or otherwise annexed to the City.)

All streets and alleys shown and not heretofore dedicated are hereby dedicated to the public unless

Clear title to the land contained in this plat is guaranteed. Any encumbrances or special assessments are explained as follows: _________________________________.

There are strips of land shown on this plat and marked easement, reserved for the use of public

utilities or other entity so indicated and such easements are subject to the paramount right of the

utility or other entity so indicated to install, repair, replace and maintain its installations.

(Additional covenants or restrictions and enforcement provisions thereof may be inserted here or attached to the plat.)

Witness our hands on this _____ day of _______________, ____

_______________________ ________________________

Signature Signature

STATE OF NEBRASKA

COUNTY OF HOLT

Before me, the undersigned Notary Public, in and for the County and State, personally appeared and

each separately and severally acknowledged the execution of the foregoing instrument as his or her

voluntary act and deed for the purposes therein expressed. Witness my hand and Notarial Seal this

______ day of _____________, ____

________________________________

Notary Public

Notarial Seal

___ Each final plat shall also contain the following approval certifications:

PLANNING COMMISSION CERTIFICATION

The foregoing plat was reviewed at public hearing by the Planning Commission of O'Neill,

Nebraska on this____ day of ___________________, ____. This plat is void unless recorded before the _____ day of __________________, _____

____________________________

Planning Commission Chairperson

ACCEPTANCE CERTIFICATE

If the proposed subdivision is platted as an addition to the City or is to be otherwise annexed to the City and dedication of streets, alleys or other dedications has been approved by the City Council in the approval of the Preliminary Plat, the following language shall be used:

The foregoing plat and dedications are approved and accepted by the Mayor and City Council of the City of O'Neill, Nebraska on this ____ day of ________________, ____.

_____________________________

Mayor

_____________________________

Attest: City Clerk

Where private streets are proposed, where the City does not agree to accept any dedications of streets

and / or alleys or when the subdivision is located outside of the corporate limits of the City and will not be platted as an addition to the City or otherwise annexed by the City, the following language shall be used:

The foregoing plat is hereby approved and accepted by the Mayor and City Council of the

City of O'Neill, Nebraska on this ____ day of ________________, ____.

_____________________________

Mayor

_____________________________

Attest: City Clerk

___ Customary recording notations for transfer and recording, indicating the date and time of recording, the plat book location thereof, the instrument number and the date and time duly entered for taxation including the following certifications:

HOLT COUNTY TREASURER CERTIFICATION

____________________________________

Holt County Treasurer

REGISTRAR OF DEEDS CERTIFICATION

This instrument was filed for record on ________________, ____ at ________ o’clock __ M. and

duly recorded and entered for taxation in Vol. ___ of Book ___, Page ___. A recording fee of

$_______________ was paid. Dated this _______day of __________, 20___

_____________________________

Holt County Registrar of Deeds

<>___ Construction Plans and Specifications: The subdivider shall submit construction plans and specifications in accordance with the design requirements for all improvements and installations required by the Subdivision Ordinance. The construction plans and specifications shall consist of all cross-sections, profiles and all other engineering data necessary for the proper design and construction of all improvements and installations required by this Ordinance including, but not limited to, the following:

A. Streets;

B. Storm sewers and all other elements of the drainage system;

C. Sanitary sewer system;

D. Water system;

E. Monuments and markers;

F. Sidewalks and pedestrian ways;

G. Street signs and street lighting and any construction / improvement elements peculiar to the subdivision.

___ If the subdivider is proposing that the City Council agree to finance all or any portion of the final plat engineering fees and cost of infrastructure development in the subdivision, engineering cost estimates for each of the above infrastructure components shall be submitted with the final plat application.