01/10/2012 Ordinances 9349ORDINANCE NO. 9349 Amended
An ordinance to amend for the purposes of clarifying the language and intent of
the previously adopted Ordinance No. 9349 amending Chapter 36 of the Grand Island City Code
specifically, to amend Section 36-69 pertaining to the AC Arterial Commercial Overlay Zone; to
repeal Sections 36-69 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 36-69 of the Grand Island City Code is hereby amended to
read as follows:
§36-69. (AC) Arterial Commercial Overlay Zone
Intent: The intent of this zoning district is to provide an overlay of the (B-2) General Business Zoning
, District in order to require increased front setbacks, landscaping, and the limitation of some uses within areas along
, entrance corridors of the city. As the name implies, the overlay will be most commonly used along an arterial street
corridor.
(A) Permitted Principal Uses: The following principal uses are permitted in the (AC) Arterial Commercial Overlay
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 warship 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) Hospitais, nursing homes, convalescent or rest homes
(10) Manufacture, fabrication or assembly uses incidental to wholesale or retail sales wherein not more than
20% of the floor area is so used
(11) Nonprofit community buildings and social welfare establishments
(12) Office and office buildings for professional and personal service as found in the Zoning Matrix
[Attachment A hereto]
(13) Outdoor sales and rental lots for new or used automobiles, boats, motor vehicles, trailers, manufactured
homes, farm and construction machinery, etc.
(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
`� educationallevel
(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
(20) Specific uses such as: archery range, drive-in theatre, golf driving range
(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 display � , '
Approved as to Form pg�-���
January 11, 2012 � Cit ttorney
ORDINANCE NO. 9349 Amended (Cont.)
Matrix (Attachment A hereto)
(22) Stores and shops for the conduct of wholesale business, including sale of used merchandise.
(23) Truck, bush and tree farming, provided, there is no display or sale at retail of such products on the premises
(24) 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
(25) Vocational or trade schools, business colleges, art and music schools and conservatories, and other similar
uses
(26) 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 (AC) Arterial Commercial
Overlay District as approved by City Council.
(1) Towers
(2) Campgrounds including those serving recreational vehicles subject to following conditions:
a) Developer shall submit a diagram of the proposed camp ground including a plot plan of the pads,
landscaping plan, utility plan and interior street plan with the application for a conditional use permit
b) A minimum of one toilet and one lavatory shall be provided for each sex up to the first 25 sites. An
additional toilet and lavatory for each sex shall be provided for each additional 25 sites or fraction thereof not
provided with sewer connections
c) All RV pads shall be provided with a landscape buffer yard or street yard as identified in the landscaping
section of this code.
d) Pads shall not be accessible from any public way.
-. (C) Permitted Accessory Uses:
(1) Buildings and uses accessory to the permitted principal uses
(2) Automotive body repair may be accessory to new or used automotive sales or rental, provided, no outside
storage of parts shall be permitted.
(D) Space Limitations:
Uses Minimum Setbacks
A B C D E
Minimum Minimum Front Rear Side Street Maximum Maximum
Parcel Lot Width Yard Yard Yard Side Ground Building
Area (feet) (feet) (feet) (feet) (feet) Yard Coverage Height (feet)
(feet)
Permitted Uses 5,000 50 20 0� OZ 10 80% 55
Conditional 5,000 50 20 0� 0� 10 80% 55
Uses
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2 No side yard setback is required, but if provided, not less than 5 feet, or unless adjacent to a parcel whose zone requires a side
yard setback, then 5 feet.
(E) Procedure:
(1) An application for an amendment to the arterial commercial zone on the Official Zoning Map shall follow
all procedural requirements as set forth in this Section.
(F) Miscellaneous Provisions:
(1) Supplementary regulations shall be complied with as defined herein.
(2) Only one principal building shall be permitted on any one zoning lot except as otherwise provided herein.
(3) Landscaping shall be provided and maintained within the 20 foot front yard setback. Landscaping shall
mean lawn areas and may also include trees, shrubs, and flowers. Crushed or lava rock, gravel, bark chips, etc. shall
not substitute for lawn area.
�►�
ORDINANCE NO. 9349 Amended (Cont.)
(4) All improvements and uses shall be designed to direct primary vehicular and pedestrian traffic to arterial
street access and reduce such traffic on adjacent non-arterial streets and alleys.
Amended by Ordinance No. 8947, effective 1-5-2005
Amended by Ordinance No. 9202, effective 02-15-09
SECTION 2. Section 36-69 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 February 1,
2012.
Enacted: January 10, 2012.
Attest:
�/!/? -
RaNae Edwards, City Clerk
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