ZONING  REGULATIONS

TABLE OF CONTENTS

 

 

ARTICLE / SECTION                                                               

 

ARTICLE 1           GENERAL PROVISIONS

Section   101 - Title          

                                                102 - Jurisdiction             

                                                103 - Purpose             

 

ARTICLE 2           APPLICATION OF REGULATIONS

                                Section   201 - General Application

                                                202 - Zoning Affects Every Building and Use

                                                203 - General Performance Standards

                                                204 - Open Space, Parking and Loading Areas

                                                205 - Yard and Lot Reduction Prohibited

                                                206 - Combination of Lots or Portions of Lots

                                                207 - Provisions are Minimum Requirements

 

ARTICLE 3           CONSTRUCTION AND DEFINITIONS

                                Section   301 - Construction

                                                302 - General Terminology

                                                303 - Definitions

 

ARTICLE 4           ESTABLISHMENT AND DESIGNATION OF DISTRICTS

                                Section   401 - Planning Commission Recommendations

                                                402 - Districts Created

                                                403 - Official Zoning Map

                                                404 - Official Zoning Map Changes

                                                405 - Official Zoning Map Replacement

                                                406 - Rules for Interpretation of Zoning District Boundaries

                                                407 - Annexation Rule

                                                408 - District Regulations

                                                409 - AG,  General Agricultural District

                                                410 - R,   Residential District

                                                411 - R - R, Residential Ranchette District

                                                412 - R - O, Residential - Office District

                                                413 - C - 1,  Central Business District

                                                414 - C - 2,  General Commercial District

                                                415 - I - 1,   Light Industrial District

                                                416 - I - 2,   Industrial District

                                                417 - PUD,  Planned Unit Development District

                                                418 - FHO,  Flood Hazard Overlay District

                                                419 - AHO, Airport Hazard Overlay District

                                                420 - WPO, Wellhead Protection Overlay District

 

ARTICLE 5           SUPPLEMENTAL DISTRICT REGULATIONS

                                Section   501 - Application

                                                502 - Yard Requirements

                                                503 - Yard Exemptions

                                                504 - Fences and Walls

                                                                505 - Height Exceptions

                                                                506 - Building Relocation

                                                                507 - Bulk Storage of Certain Materials

                                                                508 - Structures to have Access

                                                                509 - Parking and Storage of Certain Vehicles

                                                                510 - Street Intersection Visibility

                                                                511 - One Primary Structure per Lot

 

ARTICLE / SECTION                                                                 

               

ARTICLE 5           SUPPLEMENTAL DISTRICT REGULATIONS (continued)

               

                                                                512 - Easements

                                                                513 - Accessory Uses

                                                                514 - Open Air Businesses

                                                                515 - Home Occupations and Home Based Businesses

                                                                516 - Off-Street Parking

                                                                517 - Off-Site Parking Facilities

                                                                518 - On-Street Parking Blisters

                                                                519 - Downtown Parking

                                                                520 - Loading Area Requirements

                                                                521 - Signs

                                                                522 - Towers

                                                                523 - Temporary Uses

                                                                524 - Manufactured Home - Mobile Home Parks , Courts and

                                                                         Subdivisions

                                                                525 - Occupancy of Basements and Cellars

                                                                526 - Other General Business Standards

                                                               

                ARTICLE 6           NON-CONFORMING USES

                                                Section   601 - Intent

                                                                602 - Hardship

                                                                603 - Exceptions

                                                                604 - Non-Conforming Lots of Record

                                                                605 - Non-Conforming Uses of Land with Minor Structures                                                                        

606 - Non-Conforming Structures

                                                                607 - Non-Conforming Use of Structures or of Structures and Land 

                                                                         in Combination

                                                                608 - Repairs and Maintenance

                                                                609 - Conditional Uses and Non-Conforming Uses

 

ARTICLE 7           CONDITIONAL USES

                                                 Section 701 - General Powers

                                                               702 - Application Requirements

                                                               703 - Procedures and Public Hearings

                                                               704 - Rules Governing Consideration and Authorization of

                                                                         Conditional Uses

                                                               705 - Expiration of Conditional Uses                         

                ARTICLE 8           BOARD OF ADJUSTMENT

                                                Section   801 - Creation, Terms of Office, Meetings, Rules

                                                                802 - Powers and Duties

                                                                803 - Board of Adjustment has Powers of Zoning Administrator

                                                                          Upon Appeal

                                                                804 - Appeals from the Decisions of the Board of Adjustment

 

                ARTICLE 9           ADMINISTRATION AND ENFORCEMENT

                                                Section   901 - Organization

                                                                902 - Authority

                                                                903 - Responsibilities

                                                                904 - Zoning Permits Required

                                                                905 - Certificate of Zoning Compliance (Occupancy Permit) for New,

                                                                          Altered, Non-Altered or Non-Conforming Use

                                                                906 - Expiration of Zoning Permit

                                                                907 - Schedule of Fees and Charges

                                                               

ARTICLE / SECTION                                                                      

 

                ARTICLE 10        AMENDMENTS

                                                Section  1001 - General Requirements

                                                               1002 - Submission of Proposed Amendment to Planning Commission

                                                               1003 - Planning Commission Consideration of Amendments

                                                               1004 - City Council Consideration and Action on Amendments

               1005 - Protests

 

                ARTICLE 11        COMPLAINTS, VIOLATIONS, REMEDIES AND PENALTIES

                                                Section  1101 - Complaints regarding Violations

                                                               1102 - Penalties for Violation

                                                               1103 - Remedies

 

                ARTICLE 12        LEGAL STATUS PROVISIONS

Section  1201 - Severability                                   

               1202 - Purpose of Catch Heads

                                                               1203 - Repeal of Conflicting Resolutions

                                                               1204 - Effective Date

 

                APPENDICES:    

                                                Appendix 1  - Application and Permit Forms

 

ARTICLE 1:   GENERAL  PROVISIONS

 

SECTION 101     TITLE

This Ordinance shall be known, referred to, and cited as the “Zoning Ordinance of the City of O'Neill , Nebraska ”.

 

SECTION 102     JURISDICTION

The provisions of this Ordinance shall apply within the corporate limits of the City of O'Neill, Nebraska and the territory beyond said corporate limits which is within one (1) mile of said corporate limits, as defined on the Official Zoning Map of the City of O'Neill, Nebraska, as the same may be amended by official action upon subsequent annexations.

 

SECTION 103     PURPOSE

This Zoning Ordinance is adopted to preserve, protect and promote the public health, safety, morals, convenience, and general welfare.  More specifically, this Zoning Ordinance is adopted in order to achieve the following objectives:

 

1.       To provide a plan for the physical development of the City of O'Neill , Nebraska in such a manner as to achieve, progressively, the general arrangement of land uses depicted in the Comprehensive Plan of the City.

 

2.       To foster a harmonious, convenient, workable relationship among land uses and a wholesome, serviceable,

       and attractive living environment.

 

3.       To promote the stability of existing land uses which conform with the development objectives of the City’s

       Comprehensive Plan and to protect such existing land uses from inharmonious influences and development of

       incompatible land uses.

 

4.       To ensure that public and private lands ultimately are used for the purposes which are most appropriate and most

       beneficial from the standpoint of the City as a community of citizens.

 

5.       To promote beneficial redevelopment of those areas which exhibit conflicting patterns of use.

 

6.       To prevent excessive population densities and overcrowding of the land with structures.

 

7.       To promote a safe, efficient, and effective traffic circulation system.

 

8.       To protect and promote appropriately located agricultural, commercial and industrial pursuits in order to preserve

       and strengthen the economic base of the City.

 

9.       To protect and enhance real property values.

 

10.    To facilitate the appropriate location of public facilities and institutions.

 

11.    To conserve the natural and historic assets of the City and to capitalize on the economic and quality of life

       opportunities offered by its terrain, soils, vegetation and waterways.

 

ARTICLE 2:   APPLICATION OF REGULATIONS

 

SECTION 201      GENERAL APPLICATION

The zoning regulations set forth by this Ordinance within each zoning district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land use, except as hereinafter provided.

 

SECTION 202      ZONING AFFECTS EVERY BUILDING AND USE

No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all of the regulations herein specified for the zoning district in which it is located. 

 

SECTION 203     GENERAL PERFORMANCE STANDARDS

No building or structure shall hereafter be erected or altered to exceed the height or bulk, to accommodate or house a greater number of families, to occupy a greater percentage of lot area, to have narrower or smaller rear yards, front yards, side yards or other open spaces than herein required, or in any manner contrary to the provisions of this Ordinance.

 

SECTION 204     OPEN SPACE, PARKING AND LOADING AREAS

Except where specifically authorized in this Ordinance, no part of any yard or other open space, off-street parking area or loading area required in connection with any building or use for the purpose of complying with the requirements of the Ordinance shall be included as part of any yard or other open space, off-street parking area or loading area similarly required for any other building or use.

 

SECTION 205     YARD AND LOT REDUCTION PROHIBITED

No yard or lot, existing at the time of adoption of this Ordinance, shall be reduced in dimension or area below the minimum requirements set forth herein.  Yards or lots created after the effective date of this Ordinance shall meet or exceed the minimum requirements established herein. 

 

SECTION 206     COMBINATION OF LOTS OR PORTIONS OF LOTS

Any lot, portion of a lot, two or more contiguous lots, combination of contiguous lots or portions of contiguous lots under the same ownership, of record on the effective date of this Ordinance shall, under this Ordinance, be considered a single lot and shall not be separated or subdivided in any way unless all lots created or remaining from such separation or subdivision shall meet or exceed the minimum lot area, lot width, lot frontage and / or yard requirements of the zoning district in which such lot, portion or a lot, two or more contiguous lots, combination of contiguous lots or portions of contiguous lots is/are located.

 

SECTION 207     PROVISIONS ARE MINIMUM REQUIREMENTS

In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals, or general welfare.  Wherever the provisions of this Ordinance require a greater width or size of yards, courts or other open spaces, or require a lower height of buildings or structures, or require a greater percentage of a lot to be left unoccupied, or impose other higher standards than are required in any other ordinance, the provisions of this Ordinance shall govern.  Similarly, where the provisions of any other ordinance require a greater width or size of yards, courts or other open spaces, or require a lower height of buildings or structures, or require a greater percentage of a lot to be left unoccupied, or impose other higher standards than are required by this Ordinance, the provisions of such other ordinance shall govern.

 

ARTICLE 3:   CONSTRUCTION AND DEFINITIONS

 

SECTION 301      CONSTRUCTION

The following rules of construction shall apply in the application of this Ordinance unless inconsistent with the plain meaning of the context of this Ordinance:

 

301.01   TENSE:  

Words used in the present tense include the future tense.

 

301.02  NUMBER:

Words used in the singular include the plural and words used in the plural include the singular.

 

301.03  SHALL AND MAY:

The word “shall” is mandatory.  The word “may” is permissive.

 

301.04  GENDER:

The masculine shall include the feminine and the neuter.

 

301.05   HEADINGS:

In the event that there is any conflict or inconsistency between the heading of an article, section or paragraph of this Ordinance and the text of the corresponding article, section or paragraph, the heading shall not be

deemed to affect the scope, meaning or intent of such text.

 

SECTION 302    GENERAL TERMINOLOGY

The word “City” shall mean the City of O'Neill , Nebraska .  The words “City Council” shall mean the Mayor and City Council of the City of O'Neill , Nebraska .  The words “Planning Commission” shall mean the City of O'Neill , Nebraska Planning Commission duly appointed and the words “Board of Zoning Adjustment” shall mean the City of O'Neill , Nebraska Board of Zoning Adjustment duly appointed.

 

SECTION 303    DEFINITIONS

Words or terms not herein defined shall have their ordinary meanings in relation to the context of this Ordinance.  For purposes of this Ordinance, certain words and terms used herein are defined as follows:

 

303.01   ABUT:  Any situation where a lot or parcel borders directly on another lot or parcel or is separated from

another lot or parcel by a public right-of-way which is twenty (20) feet or less in width.

 

303.02   ACCESSORY USE OR BUILDING:  A building or use, which is located on the same premises, is

subordinate to the principal building or use of the premises and is customarily incidental to such principal building or use of the premises.

 

303.03   AGRICULTURAL USE: The business and science of cultivating the soil, producing crops and or breeding,

feeding, pasturing of livestock, raising and management of poultry, fish, bees and other animals, including    confined and intensive animal feeding use, as defined in Sections 303.34 and 303.64 of this Ordinance, truck farming, forestry or orchards, the non-commercial storage and processing of agricultural products produced on the premises, and confinement of fewer than three hundred (300) head of ruminant animals for birthing, weaning or back-grounding purposes for less than one hundred eighty (180) days in any calendar year in lots or pens normally used for crop production or vegetation, provided that such use shall not include any waste handling facilities, as defined in Section 303.122 of this Ordinance which may be associated with any confined or intensive animal feeding use. 

 

303.04  AGRONOMIC RATE:  The application of plant nutrients, from all sources, to meet, but not exceed, the estimated annual nutrient needs of the crop being produced, based upon past or projected yields, so as to avoid build-up of nutrients including, but not limited to, nitrate, chloride, ammonia and phosphorus.   Determination of the agronomic rate shall include the available nutrients in the soil, the nitrogen content of any irrigation water, and the nutrient content of any animal wastes and commercial fertilizer to be applied.

 

303.05   ALLEY:  A dedicated public right-of-way other than a street, which provides secondary access to property

abutting such right-of-way.

 

303.06   ANIMAL HOSPITAL OR VETERINARY CLINIC:  An establishment where animals are admitted

principally for examination, treatment, and/or board or care by a Doctor of Veterinary Medicine, excluding outdoor kennels or runs as defined in Section 303.66 of this Ordinance.

 

303.07   ANIMAL WASTE:  Any animal excrement, animal carcass, feed waste, animal waste water, or other waste

                associated with the care and feeding of animals.

 

303.08   ANIMAL WASTE WATER:  Any liquid, including rainfall, which comes into contact with any animal

                excrement, manure, litter, bedding, or other raw material or intermediate or final matter or product used in or

                resulting from the production of animals or from products directly or indirectly used in any Waste Handling

                Facility Use, as defined in Section 303.122 of this Ordinance, or any spillage or overflow from animal

                watering systems where such spillage or overflow comes in contact with any animal excrement, manure, litter,

                bedding or other waste product, or any liquid used in washing, cleaning, or flushing pens, barns, or manure

                pits, or any liquid used in washing or spraying to clean animals, or any liquid used for dust control in a

                confined or intensive animal feeding use.

 

303.09   APARTMENT:  A part of a two-family (duplex) or multi-family dwelling consisting of a room or suite of rooms intended, designed, or used as a residence by an individual or individuals or single family.

 

303.10   ARTISAN PRODUCTION SHOP:  Shall mean a building or portion thereof used for the creation of original

handmade works of art or craft items by more than three but less than six artists or artisans, as either a principal or accessory uses.

 

303.11   ARTIST STUDIO:  Shall mean a place designed to be used, or used as, both a dwelling place and a place of

work by an artist, artisan, or craftsperson, including persons engaged in the application of teaching, or performance of fine arts such as, but not limited to, drawing, vocal or instrumental music, painting, sculpture, and writing.

 

303.12   AWNING:  A structural extension over the exterior of a door or window, which provides protection from sun

and / or rain.

 

303.13   BASEMENT:  A space, wholly or partially underground, having more than one-half (1/2) its height,

measured from its floor to its ceiling, below the average finished grade of the ground surrounding such space.

 

303.14   BED AND BREAKFAST USE:  A building, other than a hotel, motel or boarding or lodging house, where

for compensation, temporary lodging and breakfast is provided by the occupant of such building to persons lodging in rooms at the premises where such rooms are not equipped with individual cooking facilities.

 

303.15   BOARDING HOUSE, LODGING HOUSE:  A building, other than a motel or hotel, where for

compensation, lodging and meals are provided to persons residing in rooms at the premises where such rooms are not equipped with individual cooking facilities.

 

303.16  BLOCK:  An area of land that is entirely bounded by streets, by streets and the exterior boundaries of a

subdivision, or by a combination of the above with a river, lake, or railroad line.

 

303.17  BUILDABLE AREA:  The portion of a lot remaining after required setbacks (yards) have been provided.

 

303.18  BUILDING:  A structure having a roof and intended for the enclosure, shelter or protection of people,

animals or property.

 

303.19  BULK STORAGE:  The storage of materials for distribution to other locations and not for use or

consumption of such materials on the premises. 

 

303.20  CAMPGROUND:  A premises where two (2) or more camping units are parked or placed for camping

purposes, or a premises used or set apart for supply to the general public, camping space for two (2) or more camping units for camping purposes, including any buildings, structures, vehicles or enclosure used or intended wholly or partially for the accommodation of transient campers.

 

303.21  CAMPING UNIT:  A vehicle, tent, trailer, recreational vehicle or other movable shelter used for camping

purposes.

 

303.22  CANOPY: A roof projection over a door, entrance into a building, a drive through window or over business

related uses including automatic teller machines, bank by car facilities, fuel pumps and the like which is supported only by attachment to the main building and by posts or columns and is without walls.

 

303.23   CARPORT:  An awning or roofed structure intended to provide shelter for a vehicle or vehicles, which may

be free standing or partially supported by a building.

 

303.24   CERTIFICATE OF ZONING COMPLIANCE:  A written certificate, issued by the Zoning Administrator,  stating that the premises has been inspected after the erection, construction, reconstruction, alteration or moving of a building or structure, or after a change in use of the premises and that such building, structure, and use complies with the applicable provisions of this Ordinance.

 

303.25   CHILD CARE CENTER :  A facility used for the care of children from different families, which is or should

 be licensed by the Nebraska Department of Social Services as a day care center or home.

 

303.26   CLINIC, MEDICAL, DENTAL OR HEALTH:  A building designed for use by one or more persons

lawfully engaged in the diagnoses, care and treatment of physical or mental ailments or diseases of human beings, including but not limited to doctors of medicine, dentists, chiropractors, osteopaths, optometrists, podiatrists, where no patients are lodged overnight.

 

303.27   CLUB:  An establishment operated for social, fraternal, recreational or educational purposes, which is open

only to club members and not the general public.

 

303.28   COMMERCIAL USE: A use, other than an agricultural use, where products are grown or purchased for sale

                or resale for profit or where services are sold or provided for profit.

 

303.29   COMMISSION:  The City of O'Neill , Nebraska Planning Commission.

 

303.30   COMPATIBLE USE:  A use of land suitable for direct association with abutting and/or surrounding uses of

land because of consistency with the intent of the applicable zoning district, because the use exhibits similar or comparable characteristics as abutting and/or surrounding uses, and because a mutually harmonious relationship with respect to protecting the use, value and enjoyment of property will result.

 

303.31   COMPREHENSIVE PLAN:  The plan or series of plans for the future development of the City of Nebraska

City, Nebraska , recommended to the Mayor and City Council by the Planning Commission and duly adopted by action of the City Council of the City of O'Neill , Nebraska .

 

303.32  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, intensity, location or relationship to the surrounding property would promote the public health, safety, morals, convenience and general welfare.

 

303.33   CONDITIONAL USE PERMIT:  A written zoning permit, issued by the Zoning Administrator after action

by the Planning Commission and City Council, which provides permission, under specific conditions, to

develop certain uses of land in certain zoning districts that are set forth as conditional uses in each zoning

district contained in this Ordinance.  

 

303.34   CONFINED LIVESTOCK FEEDING: CONFINED ANIMAL FEEDING USE:  The raising, feeding or

management of more than three hundred (300) animal units at any one time in roofed buildings or structures which may be open sided or totally enclosed and which may have hard surfaced, slatted or other type of surfaced floor, and / or on hard surfaced, non-earthen, outdoor pens or lots used for confinement of such animals.  The determination of the number of animal units in any such use shall be based upon the number of animal units set forth in a permit issued by the Nebraska Department of Environmental Quality or its successor or, in the event such a permit is not required, such determination shall be by written declaration of the owner of such use of the one-time capacity of such use to the County.  In the event of any dispute over the number of animal units, such determination shall be by actual counting of the animal unit capacity by the Zoning Administrator or other duly appointed official at the time of such dispute.  Any waste handling facilities, as defined in Section 303.122 of this Ordinance, associated with such confined animal feeding use shall be considered a separate waste handling facility use.  

 

303.35   CONVENIENCE STORE:  A retail store specializing in the sale of gasoline and the sale of articles

such as food products, over-the-counter drugs, tobacco products, magazines, candy, beverages and similar convenience items which are purchased frequently for “near term” consumption and use.  A retail store not selling both gasoline and convenience goods shall not be considered a convenience store.

 

303.36   COURT:  An outdoor, unoccupied space open to the sky, enclosed on all sides by the exterior walls of a

building or buildings.

 

303.37   CUL-DE-SAC STREET :  A street having one end open to traffic and being terminated on the opposite end

by a vehicular turnaround.

 

303.38   DAY CARE CENTER / NURSERY SCHOOL:  An establishment, other than public, private non-religious or parochial school, which provides day care, play groups, nursery school or education for five (5) or more

                unrelated children.

 

303.39   DEAD STORAGE:  The storage of any partially dismantled, non-operating, wrecked, junked, discarded or

unregistered vehicle or parts thereof on a premises, provided that storage of such vehicles in an entirely enclosed building shall be permitted.

 

303.40   DEVELOPED AREA:  An area of land, consisting of one or more parcels or lots, which fronts on one side of

a street between two intersecting streets or in the absence of any intersecting street, a distance of one hundred fifty (150) feet on either or both sides of the sides of the lot on which development is proposed, whereon at least fifty one (51) percent of the parcels or lots are developed with buildings. 

 

303.41   DISTRICT (ZONING):  A section or sections of this Ordinance which sets forth uniform regulation

regarding use of land, minimum lot widths, frontages and areas, minimum yards, maximum building heights and similar regulations.

 

303.42   DUPLEX:  See Section 303.48 - DWELLING, TWO-FAMILY.

 

303.43   DWELLING:  A building or portion thereof, which is designed and used for residential living.

 

303.44  DWELLING, ASSISTED LIVING:  A dwelling, which is part of a multi-family dwelling (see Section

303.46) designed for occupancy by elderly or disabled persons, in which the elderly or disabled occupants are provided varying forms of home care and / or medical or nursing assistance.

 

303.45   DWELLING, ATTACHED:  A residential building which is joined to another residential building on one or

more sides by a common wall.

 

303.46   DWELLING, MULTI-FAMILY:  A building, other than a hotel, motel, boarding or lodging house or bed

and breakfast facility, used by five or more unrelated persons or families living independently of each other in separate dwelling units.

   

303.47   DWELLING, SINGLE-FAMILY:  A building, other than a manufactured or mobile home, having

accommodations for and intended to be occupied exclusively by one family.

 

303.48   DWELLING, TWO-FAMILY:  A building, other than a manufactured home or mobile home, having

independent accommodations for and intended to be occupied exclusively by two families.

 

303.49   DWELLING UNIT:  Multiple rooms connected together, which constitute a separate and independent

residence for human occupancy and which contains cooking, sleeping and restroom facilities.

 

303.50   EASEMENT:  A grant for the use of a defined tract of land for a specific purpose or purposes by a property

owner to the public, another person, corporation, or legal entity.

 

303.51   FAMILY:  An individual person or two (2) or more persons related by blood, marriage or adoption, living

                together in a dwelling unit.

 

303.52   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.

 

303.53   FLOOD HAZARD AREA:  Any land which is subject to a one (1) percent or greater chance of flooding in

any given year.

 

303.54   FLOOR:  A level or story in a building.

 

303.55   FLOOR AREA:  The sum of the gross horizontal areas of the one or more floors in a building.

 

303.56   FLOOR AREA RATIO:  The total floor area of a building divided by the lot area on which the subject

building or buildings is/are located.

 

303.57   FRONTAGE ( LOT ):  The length of the real property abutting one side of a street, measured along the right

of-way line or other dividing line between the real property and the street.             

 

303.58  GROUP HOME:  A facility, licensed or approved by the State of Nebraska or other appropriate agency, in

                which more than two (2) persons who are unrelated by blood, marriage or adoption reside while receiving

                therapy or counseling, but not nursing care, for any of the following purposes:  1) Adaptation to living with, or

                rehabilitation from disabilities;  2) Adaptation to living with, or rehabilitation from, emotional or mental

                disorders, or retardation;  3) Rehabilitation from the effects of drug or alcohol abuse; or 4) Supervision while

                under a program of alternatives to imprisonment, including, but not limited to pre-release, work release and

                probationary programs.

 

303.59   HEIGHT (BUILDING):  The vertical dimension measured from the average elevation of the finished grade

at the front building line to the highest point of a building, excluding chimneys, antennae and similar appurtenances. 

 

303.60   HEIGHT (STRUCTURE):  The vertical dimension measured from the average elevation of the finished

grade at the base of the structure to the highest point of the structure.

 

303.61   HOME OCCUPATION / HOME BASED BUSINESS:  A business use conducted within a dwelling or

building accessory to such dwelling, where such business use is conducted primarily by a person or persons

residing in such dwelling, which is clearly incidental and secondary to the residential occupancy of the

dwelling, which does not change the character thereof, and complies with the standards for home occupations set forth in Section 515 of this Ordinance.

 

303.62   INCOMPATIBLE USE: A use of land unsuitable for direct association with abutting and/or surrounding

uses of land because of inconsistency with the intent of the applicable zoning district,  because the use exhibits

characteristics which would negatively impact abutting and/or surrounding uses with respect to the use, value and enjoyment of such abutting and/or surrounding property.

 

303.63   INDUSTRIAL USE:  A use, other than an agricultural or commercial use, in which products or goods are

                manufactured from raw materials by hand or by machines

 

303.64   INTENSIVE ANIMAL FEEDING USE: The feeding of more than three hundred (300) animal at any

one time in partial or total earthen pens or lots which are used for confinement of animals where manure is or

may be in contact with the earth.  The determination of the number of animal units in any such use shall be

based upon the number of animal units set forth in a permit issued by the Nebraska Department of Environmental Quality or its successor or, in the event such a permit is not required, such determination shall be by written declaration of the one-time animal capacity of such use to the Zoning Administrator.  In the event of any dispute over the capacity of animals, such determination shall be by actual counting of the number of animal capacity units by the Zoning Administrator or other duly appointed official at the time of such dispute. Waste handling facilities, as defined in Section 303.122 of this Ordinance, associated with any intensive animal feeding use, shall be considered a separate waste handling facility use and shall be subject to the requirements of this Ordinance.

 

303.65  JUNK YARD:  See Section 303.96 SALVAGE YARD.

 

303.66   KENNEL:  Any premise in which more than four (4) dogs, cats, or other domesticated or wild animals,

                excluding domestic livestock,  over six (6) months of age, are kept, bred, boarded, trained, groomed, sheltered

                or otherwise maintained on the premises.

 

303.67  LANDFILL:  A waste disposal site, employing an engineered method of disposing of solid wastes in a

                manner that minimizes environmental hazards by spreading, compacting and applying cover material over all

                exposed waste, designed in accordance with the requirements of the Nebraska Department of Environmental

                Quality and licensed or permitted by said Department.

 

303.68   LANDSCAPE BUFFER:  A maintained land area in the front yard of a lot, developed in accordance with the

landscape buffer depth requirements of each applicable zoning district set forth in this Ordinance, of which a minimum of fifty (50) percent shall be covered by any combination of living landscape material including trees, shrubs, living ground cover, or other living materials other than turf grasses, at the time of planting.  The remaining fifty (50) percent of the area shall be covered by turf grasses or other landscape materials, living or non-living.

 

303.69   LANDSCAPE SCREEN:  Any fence, wall, hedge, shrubs or trees and other customary landscape materials or

combination thereof, developed in accordance with the requirements of each applicable zoning district set forth in this Ordinance, which effectively provide a solid, dense and opaque mass which prohibits view from abutting property, absorbs sound and provides site delineation at all times throughout the year.  Customary landscape materials shall not include vehicle bodies, truck trailers or other similar items.

 

303.70   LOADING AREA:  Space on a premises, which is logically and conveniently located for delivery or pick-up

of raw materials, supplies or products and which is scaled to the delivery vehicles expected to be used and

accessible to such vehicles when required off-street parking areas are filled with vehicles.  In the C-2, Central

Business Zoning District, an alley may constitute the required loading area.

 

303.71   LOT (ZONING):  A piece, parcel or plot of land under single ownership or control, not divided by any public street or public alley, having frontage on a public street or officially approved private street, which is occupied or intended to be occupied by one principal building and its accessory buildings or structures.  A lot may consist of a single lot of record, a portion of a lot of record, a combination of complete lots of record, or complete lots of record and portions of lots of record, or portions of lots of record, or a parcel described by metes and bounds.  (Refer to Section 206 of this Ordinance.)

 

303.72   LOT AREA:  The horizontal area of a lot exclusive of any portion of a street or alley right-of-way.

 

303.73   LOT ,  CORNER:  A lot located at the intersection of two (2) or more streets, indicated as “A” in the

diagram below, or a lot abutting a curved street or streets where straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than one hundred thirty five (135) degrees, indicated as “A1” in the diagram below.

303.74   LOT COVERAGE:  The total area of the lot, usually expressed as a percentage of the lot area, that is

covered, occupied or enclosed by principal and accessory buildings, structures, porches, patios, decks, swimming pools, parking areas, loading areas, driveways or other constructed feature.

 

303.75   LOT DEPTH:  The average horizontal distance between the front and rear lot lines.

 

303.76   LOT , INTERIOR:  A lot, other than a corner lot with only one (1) frontage on a street, indicated as “B” in

the above diagram.

 

303.77   LOT OF RECORD:  A lot which is part of a subdivision plat or lot, plot or parcel described by metes and

bounds which was recorded in the office of the Registrar of Deeds of Holt County, Nebraska as of the effective date of enactment of this Ordinance.

 

303.78   LOT , REVERSED FRONTAGE:  A lot on which frontage is at right angles or approximately right angles

(interior angles less than one hundred thirty five (135) degrees) to the general lot pattern in the area, indicated as “D” in the above diagram.  A reversed frontage lot may be a corner lot, indicated as “AD” in the above diagram, an interior lot, indicated as BD in the above diagram, or a through lot, indicated as CD in the above diagram.

 

303.79   LOT, THROUGH:  A lot, other than a corner lot with frontage on more than one (1) street, indicated as “C”

in the above diagram.

 

303.80   LOT WIDTH:  The distance between straight lines connecting the front and rear lot corners at each side of

the lot, measured at the required front yard depth (setback line).

 

303.81   MANUFACTURED HOME:  A factory-built structure, which is to be used as a place for human habitation,

which is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than to a permanent site, which does not have permanently attached to its body or frame any wheels or axles, and which bears a label certifying that it was built in compliance with the National Manufactured Home Construction and Safety Standards, 24 C.F.R. 3280 et. Seq. promulgated by the United States Department of Housing and Urban Development, or a modular housing unit as defined in Section 71-1557 of the Nebraska Revised Statutes 1943 which bears the seal of the Nebraska Department of Health or successor thereto and which complies with the following minimum standards:

                                1.   a minimum floor area of nine hundred (900) square feet,

                                2.   a minimum exterior width of eighteen (18) feet,

                                3.   a minimum roof pitch of two and one-half (2 ½) inches of rise per each twelve (12) inches of

      horizontal run,

                                4.   exterior material shall be of a color, material, and scale comparable with existing residential site

      built, single-family construction,

                                5.   a non-reflective roof of material which is or simulates asphalt or wood shingles, tile or rock,

                                6.   all wheels, axles, transporting lights and removable towing apparatus have been removed

                 7.   is placed on and permanently attached to a foundation of the same construction as required for

      site-built homes,

8.   is permanently connected to public utilities in the same manner required for site-built homes.

 

303.82   MOBILE HOME:  A detached, single or two-family dwelling, which was originally designed for long-term human habitation, which was constructed and fabricated into a complete unit at a factory, which is capable of being transported to a location for use on its own chassis and wheels, which is identified by model number and serial number by its manufacturer, and which is designed primarily for placement on an non-permanent foundation, but which does not comply with the definition of Section 303.81,  MANUFACTURED HOME.

 

303.83   MOBILE HOME PARK / COURT:  Any parcel or contiguous parcels of land designated, maintained, used

or intended to be used for the placement of two (2) or more mobile homes where such homes are connected to public and/or semi-public utilities and used for living or sleeping purposes, whether or not a charge is made for location of such homes on such parcel or contiguous parcels of land.

 

303.84   MOBILE HOME SUBDIVISION:  An area of land which has been subdivided for the sale of two (2) or

more lots for the purpose of placing a mobile home on such lots with such mobile homes to be used for living or sleeping purposes.

 

303.85   MODULAR HOME:  A manufactured housing unit, as defined in Section 71-1557 of the Nebraska Revised

Statutes 1943, which bears the seal of the Nebraska Department of Health or its successor agency.

 

303.86   NON-CONFORMING LOT OF RECORD:  A lawfully existing lot in existence, as evidenced by

recordation of such lot in the Holt County Registrar of Deeds office as of the effective date of this Ordinance,

which does not comply with the minimum lot area, width and other lot standards established in the various

zoning districts created by this Ordinance.

 

303.87   NON-CONFORMING STRUCTURE:  A building or other structure, legally existing on the date of

enactment of this Ordinance or amendment thereto, which does not comply with the minimum lot area, lot coverage, height, yard, or other applicable regulation of this Ordinance other than use of such building or structure.

 

303.88   NON-CONFORMING USE:  Any use of a building, structure, or land, legally existing on the date of

enactment of this Ordinance or amendment thereto, which does not conform to the regulations of the zoning district in which it is located.

 

303.89   PARKING SPACE, OFF-STREET:  An area, open or closed, which is sufficient in size to permit the

parking of one (1) vehicle, together with a driveway connecting said parking space to a street or road to permit

ingress and egress by said vehicle.

 

303.90   PERMANENT FOUNDATION:  The substructure of a structure to which the structure is permanently

attached which provides a permanent support for said structure around its entire perimeter and at points within

its perimeter where needed.

 

303.91   PREMISES:  The land area containing a land use, which is contiguous with and under the same ownership as

the land use.

 

303.92   PRINCIPAL BUILDING :  A building in which the primary use of the lot, tract or parcel of land is situated.

 

303.93   PRIVATE STREET :  A privately owned, open and unoccupied space other than a public street or

alley which is reserved as the principal means of vehicular access to lots or parcels abutting such space and which is developed, improved and approved in accordance with the requirements for such spaces established by the City of O'Neill , Nebraska .

 

303.94   RECREATIONAL VEHICLE:  A temporary dwelling for travel, recreation and vacation use including

travel trailers, camping trailers, pickup campers, motor coaches, camp cars, tent trailers,  boats or any other

vehicular portable structure.  A recreational vehicle shall not be considered to be a dwelling unit.

 

303.95   RESIDENTIAL USE:  A land use wherein one or more persons resides in a building containing one room

                or combination of rooms which are used for living, cooking, sleeping purposes.

 

303.96   SALVAGE YARD:  Any lot, parcel or tract of land of portion thereof used for the purpose of dismantling of

machinery, equipment or vehicles or for the storage or keeping for sale of parts and equipment resulting from such dismantling, wrecking or other method of salvaging of such items, or for the storage or keeping of scrap metals and other scrap or waste materials, provided that the storage of machinery, equipment or vehicles in entirely enclosed buildings shall not be considered a salvage yard. 

 

303.97   SETBACK LINE:  A line defined by connecting two (2) points, each measured from the front, side or rear

lot line which establishes the interior boundary of the front, side or rear yard on a lot.  For purposes of this Ordinance, a front setback line shall be determined by measuring from the existing right-of-way line of the abutting street or the proposed right-of-way width established for the classification of the abutting street as set forth in the City’s Major Street Plan of current adoption, whichever is greater. 

 

303.98   SIGN:  As defined in Section 521 of this Ordinance.

 

303.99   SIGN,  BILLBOARD:  As defined in Section 521 of this Ordinance.

 

303.100 SIGN, BUSINESS:  As defined in Section 521 of this Ordinance.

 

303.101 SIGN FACING:  As defined in Section 521 of this Ordinance.

 

303.102  SIGN, FREE-STANDING:  As defined in Section 521 of this Ordinance.

 

303.103  SIGN,  INCIDENTAL:  As defined in Section 521 of this Ordinance.

 

303.104 SIGN, MONUMENTAL:  As defined in Section 521 of this Ordinance.

 

303.105 SIGN,  PROJECTING:  As defined in Section 521 of this Ordinance.

 

303.106 SIGN STRUCTURE:  As defined in Section 521 of this Ordinance.

 

303.107 SIGN SURFACE:  As defined in Section 521 of this Ordinance.

 

303.108 SOLID MANURE:  Waste produced by living cattle, dairy cattle, sheep and other ruminants and horses

which contains not less than twelve percent (12%) solids by weight and waste produced by living swine,

poultry or other non-ruminant animals which contains not less than twenty five percent (25%) solids by

weight.

 

303.109 SOLID WASTE:  Any garbage, refuse, discarded material including solid, liquid, semi-solid or contained

gaseous material resulting from industrial, commercial, residential or other use, but excluding any animal

waste, animal waste water or any waste from a waste handling facility, as defined in Section 303.136 of this Ordinance.

 

303.110 STORAGE, PERMANENT:  The presence of any regulated item not stored in an entirely enclosed building

for a period of ten (10) or more consecutive days.  A mobile home, as defined herein, shall not be considered

an enclosed building for storage.  

 

303.111 STREET:  A public way set aside for public travel, which affords the principal means of vehicular access to

abutting property.  A street shall include a road, highway, thoroughfare, and avenue.

 

303.112 STREET CENTERLINE:  A line extending down the center of a street right-of-way.

 

303.113 STREET LINE:  A right-of-way line of a street or the dividing line between a lot, tract, or parcel of land and

the private street abutting such lot, tract, or parcel of land.

 

303.114 STRUCTURAL ALTERATION:  Any change to the supporting members of a building or structure including foundations, bearing walls, columns, beams or girders.

 

303.115 STRUCTURE:  Anything constructed or erected with a fixed location on the ground or attached to something

having a fixed location on the ground.

 

303.116 STRUCTURE, TEMPORARY:  A non-permanent structure designed or used for a limited period of time.

 

303.117 TOWNHOUSE:  One of a group or row of not less than three (3) nor more than twelve (12) attached, single

family dwelling units designed and constructed as a single structure facing upon a street in which the individual dwelling units may or may not be owned separately.

 

303.118 USE:  The purpose or activity for which the land and/or buildings and structures thereon is designed, arranged, or intended, or for which it is occupied or maintained, including any manner of standards of this Ordinance.

 

303.119 VARIANCE:  A relaxation of the requirements of this Ordinance where such relaxation of the requirements

of this Ordinance will not be contrary to the public interest and where, owing to conditions peculiar to the real property and not the result of the actions or desires of the owner of such real property, a literal enforcement of the requirements of the Ordinance would result in unnecessary and undue hardship.  Relaxation of the requirements of the Ordinance shall apply only to height, area and size of a building or structure or size of yards and open spaces.  Establishment or expansion of a use otherwise prohibited by this Ordinance shall not be allowed by relaxation of the requirements of the Ordinance, nor shall any relaxation of the requirements of this Ordinance be granted because of the presence of non-conformities in the zoning district or uses in an adjoining zoning district or because of conditions created by the owner of said real property.

 

303.120 VEHICLE:  Any device with a chassis and wheels or originally constructed with chassis and wheels, or

                runners, designed for the conveyance of persons or objects.

 

303.121 WALL:  A vertical structure which encloses, divides, supports or protects.

 

303.122 WASTE HANDLING FACILITY:  Any facility including:

 

A.    any and all structures, combination of structures, under-floor pits, holding ponds, waste or

        manure catch basins, lots or pens where animal waste is accumulated, diversion terraces,

        liquid manure storage pits, lagoons, manure or other waste composting sites or other facility

        used to hold, store, process, digest, control or otherwise dispose of dead animals, animal

        waste, animal waste water or other waste materials, other than solid waste as defined in

        Section 303.109 of this Ordinance, generated by any industrial use, any municipal waste

        treatment facility or other use, including animal waste and animal waste water generated by

        any confined or intensive animal feeding use, as defined in Section 303.34 and 303.64 of this

        Ordinance, whether on the same or different premises as the use generating said waste; and

 

B.    any above ground pipelines for transporting of wastes other than solid wastes, as defined in

        Section 303.109 of this Ordinance, any irrigation or other device, equipment, or mechanism

        used to transport and/or land apply or otherwise dispose of such wastes, whether on the same

        or different premises than the industrial use, municipal waste treatment facility or other use,

        including animal waste and animal waste water generated by any confined or intensive

        animal feeding use, as defined in Section 303.34 and 303.64 of this Ordinance; and

 

C.    any land on which animal waste, animal waste water or other waste, excluding solid waste as

        defined in Section 303.109 of this Ordinance, generated by any industrial use, municipal

        waste treatment facility or other use, including animal waste and animal waste water

        generated by any confined or intensive animal feeding  use, as defined in Section 303.34 and

        303.64 of this Ordinance, is applied; and

 

D.   any facilities, apparatus, or mechanism used to ventilate, exhaust, process, or treat gases, odor,

       dust, smoke or other waste product emanating from any building or structure associated with

       any, industrial use, municipal waste treatment facility or other use, including any confined or

       intensive animal feeding use, as defined in Section 303.34 and 303.64 of this Ordinance.

 

303.123 YARD (SETBACK):  An open space on the same lot with a building, buildings, structure or structures, lying between the front, side or rear wall of such building, buildings, or such                                         structure or structures and the nearest lot line, unoccupied except for specific minor structures permitted to be located in this open space by this Ordinance.

 

303.124 YARD, FRONT (SETBACK):  A yard extending across the entire width of the lot between the front lot line and the nearest point of the primary building.  For purposes of                                                             determining yard requirements for corner and through lots, all sides of a lot abutting a street shall be considered a front yard and shall comply with the requirements                                             thereof.  (Refer to “X” on the LOCATION AND MEASUREMENT OF YARDS ON LOTS diagram).

 

303.125 YARD, REAR (SETBACK):  A yard extending across the entire width of the lot between the rear lot line and the nearest part of the primary building. (Refer to “Z” on the                                                             LOCATION AND MEASUREMENT OF YARDS ON LOTS diagram).

 

303.126 YARD, SIDE (SETBACK):  On single frontage lots, a yard extending along the side lot line from the front yard to the rear yard and lying between the side lot line and the nearest                                             part of a primary building. On through lots, a yard extending along the side lot line from front yard to front yard and lying between the side lot lines and the nearest                                                 part of the primary building.  On corner lots, a yard extending along the side lot line from the front yard to the opposite side lot line, lying between the side lot line and                                         the nearest part of the primary building.  (Refer to “Y” on the LOCATION AND MEASUREMENT OF YARDS ON LOTS diagram).

 

303.127 YARD, SPECIAL (SETBACK):  A yard behind any required yard adjacent to a public street, required to perform the same functions as a side or rear yard, but adjacent to a lot line                                             so placed or oriented that neither the term “side yard” or “rear yard” clearly applies.  In such cases, the Zoning Administrator shall require a yard with minimum                                                     dimensions as generally required for a side yard or a rear yard in the zoning district, determining which shall apply by the  relationship of the portion of the lot on                                                 which the yard is to be located to the adjoining lot or lots with due regard to the orientation and location of buildings, structures and  buildable areas thereon.  (Refer to                                         “S” on the LOCATION AND MEASUREMENT OF YARDS ON LOTS diagram).