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
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
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 -
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
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
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
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
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
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
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,
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.
by a vehicular turnaround.
303.38
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
(
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
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
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
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
the above diagram.
303.77
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
(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
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
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
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
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.
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).
303.128 YARD, TRANSITIONAL (SETBACK): A yard in effect where a non-residential zoning district abuts or is adjacent across a street or alley from a residential zoning district.
303.129 ZONING DISTRICT: A portion of the zoned area of the City of O'Neill, Nebraska and the jurisdictional area of the City for which uniform regulations governing the use, height, area, size and intensity of the use of buildings and structures, land and open space are established by this Ordinance.
303.130 ZONING
ADMINISTRATOR: The person or persons
authorized and
empowered by the City of
303.131 ZONED
AREA: The area included in the various zoning districts
established by
this Ordinance as indicated on the Official
Zoning Map of the City of
303.132 ZONING REGULATIONS: The requirements stipulated in this Ordinance, as it may be amended from time to time.
ARTICLE
4: ESTABLISHMENT AND DESIGNATION
OF
ZONING DISTRICTS
SECTION
401 PLANNING COMMISSION
RECOMMENDATIONS
It shall be the purpose of the Planning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations to be enforced therein. The Planning Commission shall make a preliminary report and hold at least one (1) public hearing thereon before submitting its final report to the Mayor and City Council and the Mayor and City Council shall not hold at least one (1) public hearing on such zoning regulations and districts or take action on such until it has received the final report of the Planning Commission.
SECTION
402 ZONING DISTRICTS
CREATED
For the purpose of this
Ordinance, there are
hereby created
the following types of zoning districts, zoning district regulations
and zoning
district designations for which all land contained within the corporate
limits
of the City of O'Neill, Nebraska and the jurisdictional area outside of
the
corporate limits of said City, as defined in Section 102 of this
Ordinance,
shall be divided:
AG Agricultural District
R Residential District
R - R Residential Ranchette District
R - O Residential - Office District
C - 1 Central Business District
C - 2 General Commercial District
I - 1 Light Industrial District
I - 2 Industrial District
PUD Planned Unit Development District
FHO Flood Hazard Overlay District
AHO Airport Hazard Overlay District
WPO Wellhead Protection Overlay District
SECTION
403 OFFICAL ZONING MAP
The City of O'Neill,
Nebraska and its
jurisdictional area,
as defined in Section 102 of this Ordinance is hereby divided into
zoning
districts, as indicated and shown on the Official Zoning Map which,
together
with all explanatory matter thereon, is hereby adopted by reference and
declared to be a part of this Ordinance. The Official Zoning Map shall be identified by the signature of
the
Mayor, attested by the signature of the City Clerk and bearing the seal
of the
City under the following words: “This
is to certify that this is the Official Zoning Map referred to in
Section 403
of Ordinance No. ___ of the City of
SECTION
404 OFFICAL ZONING MAP
CHANGES
404.01 If, in accordance with the provisions of this Ordinance, changes are made in the zoning district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map promptly after the change or amendment has been approved by the City Council with an entry being made on the Official Zoning Map as follows: “On ____(date)_____, by official action of the City Council, the following change(s) was / were made in the Official Zoning Map”, which entry shall be signed by the Mayor and attested by the signature of the City Clerk. No amendment to this Ordinance, which involves matters portrayed on the Official Zoning Map, shall be effective until after such change and entry have been made on said Official Zoning Map.
404.02 No changes of any nature shall be made in the Official Zoning Map or matter shown thereon except
in conformity with the procedures set forth in this Ordinance. Any unauthorized change by any person or persons shall be considered a violation of this Ordinance and shall be punishable as provided in Section 1102 of this Ordinance.
404.03 Regardless of the existence of purported copies of the Official Zoning Map which may, from time to time, be
made or
published, the Official Zoning Map, which shall be located in the
Office of the
City Clerk, shall be the final authority as to the current zoning
status of all
areas within the City of
SECTION 405 OFFICAL
ZONING MAP REPLACEMENT
405.01 In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of
the nature or number of changes and additions, the City Council may, by Ordinance, adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no such correction shall have the effect of amending the original Official Zoning Map, or any subsequent amendment thereof.
405.02 Each new Official Zoning Map shall be identified by the signature of the Mayor attested by the signature of the
City
Clerk and bearing
the seal of
the City under the following words: “This is to certify that this Official Zoning Map supersedes and
replaces the Official Zoning Map adopted (date) as part of Ordinance No. ______of the City of
405.03 Unless the prior Official Zoning Map has been lost or has been totally destroyed, the prior map or any
significant part thereof remaining, shall be preserved together with all available related amendment records.
SECTION 406 INTERPRETATION OF ZONING DISTRICT BOUNDARIES
Where uncertainty exists as to the boundaries of the zoning districts as shown on the Official Zoning Map, the following rules shall apply:
406.01 Boundaries indicated as approximately following the centerline of streets, highways, or alleys shall be
interpreted as following such centerlines.
406.02 Boundaries indicated as following platted lot lines shall be interpreted as following such platted lot lines.
406.03 Boundaries indicated as approximately following the corporate limit lines of the City shall be interpreted as
following such corporate limit lines.
406.04 Boundaries indicated as approximately following railroad lines shall be interpreted as following a line midway
between the main railroad tracks.
406.05 Boundaries indicated as following the shore lines of a river, creek, canal, lake or other body of water shall be
interpreted as following such shore lines and boundaries indicated as approximately following the centerline of a river, creek, canal, lake or other body of water shall be interpreted as following such centerline. In either instance, in the event of a change in the location of the shore line or centerline of any such body of water, the boundaries shall be interpreted as moving with such shore lines or centerlines.
406.06 Boundaries indicated as parallel to or extensions of features indicated in Subsections 406.01 through 406.05
above shall be so interpreted and distances not specifically indicated on the Official Zoning Map shall be determined by the scale of said Official Zoning Map.
406.07 Where a zoning district boundary line divides a lot, which was of single ownership at the time of adoption of
this Ordinance, the Board of Zoning Adjustment may permit the extension of the zoning district boundary for either portion of the lot, not to exceed fifty (50) feet beyond the location of the boundary line indicated on the Official Zoning Map, into the remaining portion of the lot.
406.08 In circumstances not covered by Subsections 406.01 through 406.07 above, or where physical or cultural
features existing on the ground are at variance with those shown on the Official Zoning Map, the Board of Zoning Adjustment shall interpret the zoning district boundary.
SECTION
407 ANNEXATION RULE
Annexation of
land to
the City shall not affect
the zoning
applied to such annexed land prior to such annexation, except where
annexation
of land occurs which may result in
expansion of the one (1) mile
jurisdictional
planning and zoning boundaries of the City as may be indicated on an
amended
Official Zoning Map, in which case the additional area
included within
such
jurisdictional area shall be zoned in a manner consistent with the
Comprehensive Plan of the City and the Official Zoning Map shall be
modified in
a manner
consistent with such revised
boundaries and zoning.
SECTION
408 DISTRICT REGULATIONS
District regulations for each zoning district as set forth in Section 402 of this Ordinance shall be as hereinafter described.
SECTION 409 AG AGRICULTURAL DISTRICT
409.01 INTENT:
This district is established for the purposes of: 1) protecting and preserving productive agricultural land and to avoid, as much as possible, agricultural versus urban land use conflicts in the area surrounding the City by discouraging leap-frog urban development, 2) avoiding urban and suburban developments which could result in demands for improvements to existing roads and higher levels of public services and 3) avoiding the development of agricultural uses which would be incompatible with the existing and proposed urban uses within and around the City.
409.02 OUTRIGHT ALLOWABLE PRINCIPAL USES AND STRUCTURES: The following uses and structures
shall be allowable uses outright and shall not require a written building / zoning permit or certificate of zoning compliance:
1. Agricultural uses, as defined in Subsection 303.03 of this Ordinance, but excluding any confined or intensive animal feeding uses any associated waste handling facilities, as defined in Sections 303.34, 303.64 and 303.122 of this Ordinance, and excluding livestock auction barns or yards and commercial grain storage grain elevators, grain milling or bulk fuel or fertilizer facilities not subordinate to the agricultural activities on the premises.
2. Forestry, tree farms, plant nurseries and orchards, including facilities for the storage and sale of produce
grown on the premises, provided that any buildings associated with such storage or sale of produce, if
other than a moveable roadside stand, shall require a zoning permit.
3. Day care and child care uses, when conducted within a residential dwelling unit by the occupant(s) of said
dwelling unit.
4. Irrigation wells, pivot and other irrigation systems and erosion, runoff control and flood control structures.
409.03 PERMITTED PRINCIPAL USES AND STRUCTURES: The following uses and structures shall be permitted uses, but shall require the issuance of a building / zoning permit and / or certificate of zoning compliance:
1. Single-family residential dwellings, including manufactured homes meeting the definition for such homes
and the performance standards for such homes as set forth in Section 303.81 of this Ordinance, but
excluding manufactured or mobile homes which do not meet said definition and performance standards,
provided that the following restrictions shall apply:
A. The lot on which such dwelling unit is to be located shall front on or have access to an existing public
City, County or State roadway other than a roadway, classified by the Holt County Board of Commissioners, as a minimum maintenance road, provided that if a dwelling unit is to be located on a lot which fronts on or has access only to a road classified as a minimum maintenance road, it shall be the responsibility of the owner of such dwelling unit to improve such road or that portion thereof which would connect such lot to the nearest public roadway other than a minimum maintenance road to County road standards prior to the Board of Commissioners accepting such road or portion thereof for County maintenance.
2. Churches, temples and similar religious uses, excluding buildings used all or in part for the general
education of youth where the education curriculum is similar to that of a public school.
3. Vineyards and associated wineries.
4. 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.
409.04 PERMITTED ACCESSORY USES AND STRUCTURES: The following uses and structures shall be permitted as accessory to the permitted principal uses and structures:
1. Accessory uses, buildings and structures normally and commonly appurtenant to the permitted principal
uses and structures. 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.
409.05 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. Cemeteries,
2. Public schools, private schools and schools affiliated with a church or religion,
3. Public or private golf courses and driving ranges, excluding miniature golf courses.
4. Parks, playgrounds, wildlife preserves, conservation areas, lakes, ponds and similar open space uses.
5. Recreational vehicle parks and campgrounds.
6. Public utility distribution substations, regulator stations, communications equipment buildings, storage or
maintenance yards, buildings or administrative offices for such utilities, communications, micro-wave,
cellular communications or other towers in excess of thirty five (35) feet in height,
7. Municipal waste handling facilities, sanitary landfills and recycling or waste composting centers,
8. Rock, sand, gravel or other mineral extraction or mineral processing use ,
9. Airports, aircraft landing strips and heliports,
10. Agricultural service establishments engaged in providing horticultural or animal husbandry products or
services to area agricultural product producers, agricultural equipment repair services, crop seed and
commercial grain storage and processing facilities and similar agricultural service uses,
11. Other uses and structures determined by the Commission to be comparable with the above stated
conditional uses and consistent with the intent statement of this zoning district.
409.06 PROHIBITED
USES AND STRUCTURES:
All other uses and structures, which are not specifically allowable, permitted or authorized as conditional uses
shall be prohibited in this zoning district.
409.07 MINIMUM
1. The minimum lot area for a single-family dwelling unit, manufactured home or modular home shall be two (2) acres, provided that a minimum three (3) acre area shall be required if compliance with minimum soil percolation rates and maximum slope as set forth in the Nebraska Department of Environmental Quality Title 124 with regard to proper sizing and location of septic tank and tile field or lagoon sewage disposal systems are less than the minimum percolation rate or greater than the maximum slope standards established in said Title 124.
2. The minimum lot area for uses identified as conditional uses in this District, other than residential
dwelling units in residential subdivisions, shall be the lot area appropriate for such uses, as determined by
the Commission in authorizing of any such use in accordance with Article 10 of this Ordinance, provided
that no lot shall be less than two (2) acres in area.
409.08 MINIMUM
The minimum lot width, measured at the minimum required front setback line, and the minimum lot frontage,
measured at the front lot (right-of-way) line, for uses in this district shall be as follows:
1. The minimum lot width shall be (200) feet.
2. The minimum lot frontage shall be sixty six (66) feet.
3. The minimum lot width and frontage for conditional uses listed in Section 409.05 shall be the width and
frontage 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, however,
that in no event shall the minimum lot width be less than two hundred (200) feet and the minimum lot
frontage be less than sixty six (66) feet.
409.09 MINIMUM
YARD REQUIREMENTS:
The minimum yards or setbacks of any building from a property line shall be as follows:
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 or Collector roadway, and twenty five (25) feet from a roadway designated as a local street or frontage road.
2. Side Yard - Each side yard shall be ten (10) feet, provided that where any use other than a single-family
dwelling unit abuts a residential zoning district the minimum side yard on the side adjoining
such zoning district shall be fifty (50) feet.
3. Rear Yard - Twenty (20) feet, provided that where any use other than a single-family dwelling unit abuts
a residential zoning district the minimum rear yard shall be fifty (50) feet.
409.10 MAXIMUM HEIGHT:
No limitation, except for any applicable height restriction of the Airport Hazard Zoning District regulations.
(See Section 419 of this
Ordinance.)
409.11 MAXIMUM
The maximum area of any lot, which is occupied by buildings, structures, decks, patios, accessory buildings,
driveways and parking areas shall not exceed fifty (50) percent of the lot area.
409.12 OFF-STREET
PARKING AND LOADING AREAS:
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
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
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
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
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 or frontage road.
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:
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
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 or frontage road.
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:
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.
411.11 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
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
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
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.