01/27/2009 Ordinances 9202ORDINANCE NO. 9202
An ordinance to amend Grand Island City Code Chapter 36 Sections 36-
26 and 36-69 regarding projections into required yard or open spaces and campgrounds
as a conditional use in Arterial Commercial Overlay Zones; to repeal sections 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 36-26 and 36-69 of the Grand Island City Code are
amended to read as follows:
§36-26. Projecfions from Buildings
(A) Cornices, eaves, canopies, belt courses, sills, ornamental features, and other similar
architectural features may project not more than one (1) foot into any required yard or into any required
open space, except that eaves may encroach three (3) feet into a yard when such yard is ten (10) feet or
more in width, provided that such required yard or open space meets the current minimum yard standards.
(B) Open, uncovered porches or terraces may extend three feet into any required side yard, ten feet
into any required front yard, and any distance into any required rear yard. No railing or other barrier higher
than 42 inches shall be placed on such porch or terrace within five feet of any property line except as
provided within this ordinance. Any such porch or terrace located on a lot at the intersection of two streets
or a street and an alley shall comply with the provisions designed to insure proper sight distances as set
forth in this chapter for fences and hedges. A covered porch or terrace, not exceeding sixty square feet, may
extend a maximum of six feet into the required front or rear yard, provided, such porch or terrace shall not
be enclosed except by a railing or other barrier as previously mentioned.
(C) Provided further, that no railing or other barrier shall be placed around such deck or porch in a
rear yard or side yard and no such barrier which interferes appreciably (more than twenty-five (25) percent)
with the passage of light or air shall be constructed within the required front yard or within five (5) feet of
any side or rear yard lot line. Any such deck or porch when located on a lot at the intersection of two (2)
streets or a street and an alley, shall comply with the provisions designed to ensure proper sight distances as
set forth in this code for fences and hedges. Any side yard on a corner lot when such yard is twenty (20)
feet or more in width, may be considered as a front yard for purposes of determining permitted
encroachments as provided herein.
(D) Vertical supports shall meet the City's Building Code.
§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.
Approved as to Form n ,,,
January 26, 2009 o City Attorney
ORDINANCE NO. 9202 (Cont.)
(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 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) 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
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
(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 displayed in the open, as
per the Zoning 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 for each sex shall be provided for the exclusive use
of the park occupants. An additional toilet and lavatory for each sex shall be provided for each
fifteen (15) sites or fraction thereof.
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.
ORDINANCE NO. 9202 (Cont.)
A)
(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' OZ 10 80% 55
Uses
No rear yard setback is required if bounded by an alley, otherwise a setback of 10 feet is required.
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.
(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.
SECTION 2. Sections 36-26 and 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 from
and after its passage and publication, within fifteen days in one issue of the Grand Island
Independent as provided by law.
ORDINANCE NO. 9202 (Cont.)
Enacted: January 27, 2009.
Margar t Horna y, May
Attest:
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RaNae Edwards, City Clerk
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