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04/22/2008 Ordinances 9166ORDINANCE N0.9166 An ordinance to amend Chapter 36 of the Grand Island City Code specifically, to amend Section 36-70 pertaining to the B-3 Heavy Business Zone; to repeal Sections 36-70 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 36-70 of the Grand Island City Code is hereby amended to read as follows: §36-70. (B-3) Heavy Business Zone Intent: The intent of this zoning district is to provide for the multiple uses within the central business district. Residential uses are permitted at the density of the (RO) Residential Office Zone. (A) Permitted Principal Uses: The following principal uses are permitted in the (B-3) Heavy Business Zoning District. (1) Agencies as found in the Zoning Matrix [Attachment A hereto] (2) Boarding and lodging houses, fraternity and sorority houses (3) Churches, synagogues, chapels, and similar places of religious worship and instruction of a quiet nature (4) Colleges offering courses of general instruction, including convents, monasteries, dormitories, and other related living structures when located on the same site as the college (5) Country clubs (6) Dwelling units (7) Elderly Home, Assisted Living (8) Group Care Home with less than eight (8) individuals (9) Hospitals, nursing homes, convalescent or rest homes (10) Hotel and motel uses (11) Mortuaries, funeral homes, and funeral chapels (12) Nonprofit community buildings and social welfare establishments (13) Office and office buildings for professional and personal services as found in the Zoning Matrix [Attachment A hereto] (14) Preschools, nursery schools, day care centers, children's homes, and similar facilities (15) Public parks and recreational areas (16) Public, parochial and private schools having a curriculum equivalent to an elementary or higher educational level (17) Public and quasi-public buildings for cultural use (18) Radio and television stations (no antennae), private clubs and meeting halls (19) Railway right-of-way but not including railway yards or facilities Approved as to Form ^ Apri121,2008 ^ CityAttorney ORDINANCE NO. 9166 (Cont.) (20) Retail activities of a prescriptive service provided it is limited to being secondary to said use. Retail space is limited to 25% of the total floor area (21) Stores and shops that conduct retail business, provided, all activities and display goods are carried on within an enclosed building except that green plants and shrubs may be displayed in the open, as per the Zoning Matrix [Attachment A hereto] (22) Truck, bush and tree farming, provided, there is no display or sale at retail of such products on the premises (23) Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this section for dwellings and having a landscaped or masonry barrier on all sides. Buildings shall be of such exterior design as to harmonize with nearby properties (24) Vocational or trade schools, business colleges, art and music schools and conservatories, and other similar uses (25) Other uses as indicated in the Zoning Matrix [Attachment A hereto] (B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject to other conditions relating to the placement of said use on a specific tract of ground in the (B-3) Heavy Business Zoning District as approved by City Council. (1) Manufacture, fabrication or assembly uses incidental to wholesale or retail sales wherein not more than 20% of the floor area is so used (2) Outdoor sales and rental lots for new or used automobiles, boats, motor vehicles, trailers, manufactured homes, farm and construction machinery (3) Stores and shops for the conduct of wholesale business, including sale of used merchandise. (4) Towers (5) Automobile body repair: subject to the following minimum standards: No storage of parts or unlicensed vehicles outside of an enclosed building, The facility shall meet or exceed all building and fire code requirements. (6) Other uses as indicated in the Zoning Matrix [Attachment A hereto] (C) Permitted Accessory Uses: (1) Buildings and uses accessory to the permitted principal use. (D) Space Limitations: u Uses Minimum Setbacks A B C D E Minimum Minimum Front Rear Side Street Maximum Maximum Parcel Lot Yard Yard Yard Side Ground Building Area Width (feet) (feet) (feet) Yard Coverage Height (feet) (feet) (feet) (feet) Permitted 3,000 30 10 O1 Oz 10 100% Uses Conditional 3,000 30 10 0' OZ 10 100% Uses ~~~ icai yaiu sc~oacx is requirea a oounaea ny an aiiey, otherwise a setback of lU feet is required. -2- ORDINANCE N0.9166 (Cont.) z No side yard setback is required, but if provided, not less than five feet or unless adjacent to a parcel whose zone requires a side yard setback, then five feet. When adjacent to a public alley, the setback is optional and may range from 0 feet to 5 feet. (E) Miscellaneous Provisions: (1) Supplementary regulations shall be complied with as defined herein. (2) Only one principal building shall be permitted on one zoning lot except as otherwise provided Amended by Ordinance No. 8947, effective 1-5-2005 Amended by Ordinance No. 9166, effective 5-13-2008 SECTION 2. Section 36-70 as existing prior to this amendment, and any ordinances or parts of ordinances in conflict herewith, are repealed. SECTION 3. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. SECTION 4. That this ordinance shall be in force and take effect May 13, 2008. Enacted: Apri122, 2008. Margar Hornady, Mayor Attest: ~~-1 ate. ~ emu, _ '` - ., RaNae Edwards, City Clerk ' ~ ~ ,e, ''~'o~'` e ro //~~ ~ryy Q a a y~..,, .~ ••oae•• a -3-