03/24/2009 Ordinances 9208ORDINANCE NO. 9208
An ordinance to amend Chapter 36 of the Grand Island City Code specifically, to
amend Section 36-8 to add a definition for Recreational Vehicle Pad; to repeal any ordinance or
parts of ordinances in conflict herewith; and to provide for publication in pamphlet form 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 36-8 of the Grand Island City Code is hereby amended to
read as follows:
X36.8. Definitions
Abandonment shall mean to cease or discontinue a use or activity without intent to resume as
distinguished from short term interruptions such as during periods of remodeling, maintenance, or normal periods of
vacation or seasonal closure.
Abut, Abutting shall mean to border on, being contiguous with or have property or district lines in
common, including property separated by an alley.
Access or Access Way shall mean the place, means, or way by which pedestrians and vehicles shall have
safe, adequate and usable ingress and egress to a property or use as required by this chapter.
Accessory Building (see Building, accessory)
Accessory Living Quarters shall mean living quarters within an accessory building located on the same
premises with the main building, for use by temporary guests of the occupant of the premises, such quarters having
no kitchen facilities and not rented or otherwise used as a separate dwelling unit.
Accessory Structure shall mean a detached subordinate structure located on the same lot with the principal
structure, the use of which is incidental and accessory to that of the principal structure.
Accessory Use shall mean a use incidental, related, appropriate and clearly subordinate to the main use of
the lot or building, which accessory use does not alter the principal use of the subject lot or affect other properties in
the district.
Acreage shall mean any tract or parcel of land which does not qualify as a farm or development.
Adjacent shall mean near, close, or abutting; for example, an Industrial District across the street or
highway from a Residential District shall be considered as "Adjacent".
Adult Cabaret shall mean cabaret that features go-go dancers, exotic dancers, strippers, male or
female impersonators, or similar entertainers.
Adult Companionship Establishment shall mean an establishment which provides the service of
engaging in or listening to conversation, talk or discussion between an employee of the establishment and a
customer, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or
"specified anatomical areas."
Adult Establishment shall mean any business which offers its patrons services or entertainment
characterized by an emphasis on matters depicting, exposing, describing, discussing or relating to "specified sexual
activities" or "specified anatomical areas," including, but without limitation, to adult bookstores, adult motion
picture theaters, saunas, adult companionship establishments, adult health clubs, adult cabarets, adult novelty
businesses, adult motion picture arcades, adult modeling studios, adult hotel or motel, and adult body painting
studios.
Adult Hotel or Motel shall mean a hotel or motel from which minors are specifically excluded from
patronage and wherein material is presented which is distinguished or characterized by an emphasis on matter
depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."
Approved as to Form ~ !~
March 23, 2009 II City Attorney
ORDINANCE NO. 9208 (Cont.)
Adult Massage Parlor, Health Club shall mean a massage parlor or health club which restricts minors by
reason of age, and which provides the services of massage, if such service is distinguished or characterized by an
emphasis on "specified sexual activities" or "specified anatomical areas."
Adult Mini-Motion Picture Theater shall mean a business within an enclosed building with a capacity for
less than 50 persons used for presenting visual-media material if such business as a prevailing practice excludes
minors by virtue of age, or if said material is distinguished or characterized by an emphasis on the depiction or
description of "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.
Adult Motion Picture Arcade shall mean any place to which the public is permitted or invited wherein
coin or slug-operated or electronically, electrically or mechanically controlled still or motor picture machines,
projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at
any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or
describing "specified sexual activities" or "specified anatomical areas."
Adult Motion Picture Theaters shall mean a business within an enclosed building with a capacity of 50 or
more persons used for presenting visual media material if said business as a prevailing practice excludes minors by
virtue of age, or if said material is distinguished or characterized by an emphasis on the depiction or description of
"specified sexual activities" or "specified anatomical areas" for observation by patrons therein.
Adult Novelty Business shall mean a business which has as a principal activity the sale of devices which
simulate human genitals or devices, which are designed for sexual stimulation.
Adult Sauna shall mean a sauna which excludes minors by reason of age, or which provides a steam bath
or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning,
relaxing or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on
"specified sexual activities" or "specified anatomical areas."
Aesthetic Zoning shall mean zoning to accomplish a standard of exterior architectural appeal and/or
neighborhood harmony.
Agricultural and Farm Buildings and Structures shall mean any building or structure which is necessary
or incidental to the normal conduct of a farm including but not limited to residence of the operator, residence of
hired men, barns, buildings and sheds for housing livestock, poultry and farm machinery, buildings for the storage or
shelter of grain, hay and other crops, silos, windmills and water storage tanks.
Agricultural Operations (see "Farming")
Agriculture shall mean the use of land for agricultural purposes, of obtaining a profit by raising,
harvesting, and selling crops or by the feeding, breeding, management, and sale of, or the produce of, livestock,
poultry, fur-bearing animals, or honeybees, or for dairying and the sale of dairy products, or any other agricultural or
horticultural use. Agricultural use shall not be construed to include any parcel of land of less than twenty acres or
any non-agricultural commercial or industrial development.
Airport shall mean any area which is used or is intended to be used for the taking off and landing of
aircraft, including helicopters, and any appurtenant areas which are used or are intended to be used for airport
buildings or facilities, including open spaces, taxiways, and tie-down areas.
Airport Hazard Zone consists of Operation Zones, Approach Zones, Turning Zones and Transition Zones.
The outer boundary of the Hazard Zone is composed of a series of connected tangents and simple curves that also
constitute the outer boundaries of the Approach and Turning Zones.
Alley shall mean a minor public service street or public thoroughfare 20 feet or less in width, through a
block of lots primarily for vehicular service access to the rear or side of properties otherwise abutting on another
street and to provide access to utility services located therein. Buildings facing an alley shall not be construed as
satisfying the requirements of this chapter related to frontage on a dedicated street.
Alteration shall mean any change, addition or modification in construction or occupancy of an existing
structure.
Alteration, Structural (see Structural alteration)
Amendment shall mean a change in the wording, context, or substance of this chapter, an addition or
deletion or a change in the district boundaries or classifications upon the zoning map.
Amusement Arcade shall mean a building or a part of a building where five or more pinball machines,
video games, or other similar player-orientated amusement devices are available and are maintained for use.
Amusement Park shall mean a facility, primarily outdoors, that may include structures and buildings,
where there are various devices for entertainment, including rides, booths for the conduct of games or sale of items,
buildings for shows and entertainment, and restaurants and souvenir sales.
Animal Hospital shall mean a place where animals or pets are given medical or surgical treatment and are
cared for during the time of such treatment. Use as a kennel shall be limited to short-time boarding and shall be only
incidental to such hospital use.
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ORDINANCE NO. 9208 (Cont.)
Animals, Domestic (see Household pet)
Animal Unit (see Livestock Feeding Operation)
Animals, Farm shall mean livestock associated with agricultural operation, commonly kept or raised as a
part of a agricultural operation including but not limited to horses, cattle, sheep, swine, goats, chickens and turkeys.
Antenna see definition in §36-169 of this chapter.
Antique Shops shall mean a place offering primarily antiques for sale. An antique for the purpose of this
chapter shall be a work of art, piece of furniture, decorative object, or the like, of belonging to the past, at least 30
years old.
Apartment shall mean a room or a suite of rooms within an apartment house or multiple family dwelling
arranged, intended or designed for a place of residence of a single family or group of individuals living together as a
single housekeeping unit. (Also, see Dwelling Unit.)
Apartment House (see Dwelling, multiple family)
Appearance shall mean the outward aspect visible to the public.
Appropriate shall mean the sympathetic, or fitting, to the context of the site and the whole community.
Appurtenances shall mean the visible, functional objects accessory to and part of buildings.
Architectural Character see Architectural Concept
Architectural concept shall mean the basic aesthetic idea of a building, or group of buildings or structures,
including the site and landscape development that produces the architectural character.
Architectural feature shall mean a prominent or significant part or element of a building, structure, or site.
Architectural features may include special lines, massing, and/or texture.
(A) Lines shall mean visual elements of the building either within the fagade or on the building edge,
which are in a linear form either horizontally or vertically and may be composed of masonry, glass, or other
related materials.
(B) Mass shall pertain to the volume, bulk of a building or structure.
(C) Texture shall mean the quality of a surface, ranging from mirror finish, smooth, to coarse and
unfinished.
Architectural style shall mean the characteristic form and detail, as of buildings of a particular historic
period.
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 use.
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, teaching, or performance of fine
arts such as, but not limited to, drawing vocal or instrumental music, painting, sculpture, and writing.
Attached Permanently shall mean attached to real estate in such a way as to require dismantling, cutting
away, unbolting from permanent foundation or structural change in such structure in order to relocate it to another
site.
Attractive shall mean having qualities that arouse interest and pleasure in the observer.
Automatic Teller Machine (ATM) shall mean an automated device that performs banking or financial
functions at a location remote from the controlling financial institution.
Automobile Wrecking Yard see Salvage Yard as defined herein.
Ballroom shall mean a place or hall used for dancing, other than those listed under the definition of "Adult
Cabaret". Ballrooms may also be used for reunions, weddings and receptions.
Bar shall mean any establishment whose principal business is serving alcoholic beverages at retail for
consumption on the premises. (Also, see Nightclub.)
Beacon shall mean any light with one or more beams directed into the atmosphere or directed at one or
more points not on the same zone lot as the light source; also, any light with one or more beams that rotate or move.
Bed and Breakfast Inn shall mean a house, or portion thereof, where short-term lodging rooms and meals
are provided. The operator of the inn shall live on the premises.
Bedroom shall mean a room within a dwelling unit planned and intended for sleeping, separable from other
rooms by a door or doorway.
Berm shall mean a raised form of earth to provide screening or to improve the aesthetic character.
Best Interests of Community shall mean interests of the community at large and not interest of the
immediate neighborhood.
Billboard shall mean an outdoor advertisement sign which directs attention to a business commodity,
service, or entertainment conducted, sold, or offered elsewhere than upon the premises where such sign is located or
to which it is affixed.
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ORDINANCE NO. 9208 (Cont.)
Block shall mean a parcel of land platted into lots and bounded by public streets or by waterways, right-of-
ways, unplatted land, City-County boundaries, or adjoining property lines.
Block Frontage shall mean that section of a block fronting on a street between two intersecting streets or
other block boundary.
Board of Adjustment shall mean that board that has been created by the city and which has the statutory
authority to hear and determine appeals, interpretations of, and variances to the zoning regulations.
Boarding or Rooming House shall mean a building containing a single dwelling unit and provisions for
not more than five (5) guests, where lodging is provided with or without meals for compensation.
Brew-on Premises Store shall mean a facility that provides the ingredients and equipment for a customer
to use to brew malt liquor at the store. Brew-on-premises stores do not include the sale of intoxicating liquor, unless
the owner of the brew-on-premises store holds the appropriate liquor license.
Brew Pub shall mean a restaurant or hotel which includes the brewing of beer as an accessory use. The
brewing operation processes water, malt, hops, and yeast into beer or ale by mashing, cooking, and fermenting. By
definition, these establishments produce no more than 10,000 barrels of beer or ale annually. The area, by definition,
used for brewing, including bottling and kegging, shall not exceed 25 percent of the total floor area of the
commercial space.
Brewery shall mean an industrial use that brews ales, beers, meads and/or similar beverages on site.
Breweries are classified as a use that manufactures more than 10,000 barrels of beverage (all beverages combined)
annually.
(A) Brewery, Craft shall mean a brew pub or a micro brewery.
(B) Brewery, Micro shall mean a facility for the production and packaging of malt beverages of low
alcoholic content for distribution, retail or wholesale, on or off premises, with a capacity of not more
than 10,000 barrels per year. The development may include other uses such as standard restaurant, bar,
or live entertainment as otherwise permitted in the zoning district.
Broadcasting Tower shall mean a structure for the transmission or broadcast of radio, television, radar, or
microwaves which exceeds the maximum height permitted in the district in which it is located; provided, however,
that noncommercial radio towers not exceeding one hundred (100) feet in height shall not be considered broadcast
towers.
Buffer shall mean a strip of land established to protect one type of land use from another incompatible land
use or between a land use and a private or public road. (Also, see Screening.)
Buffer Zone shall mean an area of land that separates two zoning districts and/or land uses that acts to
soften or mitigate the effects of one use on the other.
Building shall mean any
structure built and maintained for the
support, shelter or enclosure of persons,
animals, chattels, or property of any kind, ~ _-
but shall not include temporary buildings _ _
-:. _ -_-
as defined in "Structure, Temporary". sn
Operable and licensed trailers, with Hass/eLf sroa~s
wheels, shall not be considered as I _= nrarr~ruti+ =
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buildings. i ___ , r --~~ ,~.EEr
Building Accessory shall mean FicvRE._A _t-_rR~__,y_
any detached subordinate building that R,c.~~sT ~/mar
serves a function customarily incidental to °F '°~'°`
that of the main building or main use of
the premises. Customary accessory (fLBTLne o ~n~iiv~c~.<)
building includes farm buildings, garages,
carports, and small storage sheds. ~.sust/ G,~A°E
Building, Area of shall mean the R/~E - A~ERA~- n,sTA,vcE
sum in square feet of the ground areas ~B~?~E'~"N ,~/ioFA,vaEAVZ'
occupied by all buildings and structures ill"
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Building Code shall mean the
various codes of the Ciry that regulate
construction and requires building
permits, electrical permits, mechanical
permits, plumbing permits, and other
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ORDINANCE NO. 9208 (Cont.)
permits to do work regulated by the adopted building code of the City, and other codes adopted by the City that
pertain to building construction.
Building, Height shall mean the vertical distance measured from the centerline of the improved street to
the highest point of a roof surface, if a flat roof, to the deck line of mansard roofs, and to the mean height level
between eaves and ridge for gable, hip, and gambrel roofs.
Building Inspector shall mean the building inspectors for the City of Grand Island, Nebraska.
Building Principal shall mean a building within which the main or primary use of the lot or premises is
located. (Also, see Use, Principal.)
Building Setback Line shall mean the minimum of distance as prescribed by this chapter between any
property line and the closed point of the building wall line or face of any building or structure related thereto.
Campground shall mean a parcel of land intended for the temporary occupancy of tents, campers, and
major recreational vehicles and which primary purpose is recreational, having open areas that are natural in
character.
Car Wash shall mean a building or structure or an area of land with machine or hand operated facilities for
the cleaning, washing, polishing, or waxing of motor vehicles, not including semi-trailer tractors, buses, and
commercial fleets.
Car Wash, Industrial shall mean a mechanical facility for the washing, waxing and vacuuming of heavy
trucks and buses.
Carport shall mean a permanent roofed structure with not more than two (2) enclosed sides used or
intended to be used for automobile shelter and storage.
Cellar shall mean a building space having more than one-half (1/2) of its height below the average
adjoining grade lines.
Cemetery shall mean land used or intended to be used for the burial of the dead and dedicated for such
purposes, including columbariums, crematoriums, and mausoleums.
Channel shall mean the geographical area within either the natural or artificial banks of a watercourse or
drainageway.
Charitable shall mean a public or semi-public institutional use of a philanthropic, charitable, benevolent,
religious, or eleemosynary character, but not including sheltering or caring of animals.
Child Care Center shall mean a facility licensed to provide child care for thirteen (13) or more children. In
addition to these regulations, Child Care Centers shall meet all requirements of the State of Nebraska.
Church, Storefront shall mean a religious facility contained within a store or similar structure not
typically used for religious activities that are now used as a meeting place for a congregation. Structures adapted for
congregations including barns, stores, warehouses, old public buildings, and single-family dwellings.
C~ shall mean the City of Grand Island, Nebraska.
Clear View Zone shall mean the area of a corner lot closest to the intersection that is kept free of visual
impairment to allow full view of both pedestrian and vehicular traffic. (Also see Sight Triangle.)
Club shall mean an association of persons (whether or not incorporated), religious or otherwise, for a
common purpose, but not including groups which are organized primarily to render a service carried on as a
business for profit.
Cluster Development shall mean a
development designed to concentrate buildings
in specific areas on a site to allow the remaining
land to be used for recreation, common open
space, and the preservation of environmentally
sensitive areas.
Code shall mean the Grand Island City
Code.
Coffee Kiosk shall mean a retail food
business in a freestanding building that sells coffee,
or other beverages, and remade bakery goods from
a drive-through window to customers seated in
their automobiles for consumption off the premises
and that provides no indoor or outdoor seating.
Cohesiveness shall mean the unity of
composition between design elements of a building
ORDINANCE NO. 9208 (Cont.)
and/or a group of buildings and the landscape development.
Commercial Feeding Operation (See Livestock Feeding Operation)
Commission shall mean the Hall County Regional Planning Commission.
Common Area or Property shall mean a parcel or parcels of land, together with the improvements
thereon, the use and enjoyment of which are shared by the owners of the individual building sites in a Planned
Development or condominium development.
Community Center shall mean a place, structure, or other facility used for and providing religious,
fraternal, social, and/or recreational programs generally open to the public and designed to accommodate and serve
various segments of the community.
Community Sanitary Sewer System shall mean an approved central sewer collecting system, meeting
state and county requirements, available to each platted lot and discharging into a treatment facility. This does not
include individual septic systems.
Community Water Supgly System shall mean a public water supply system which serves at least fifteen
service connections used by year round residents or uses, or regularly serves 25 or more year round residents or
uses.
Compatibility shall mean harmony in the appearance of two or more external design features in the same
vicinity.
Compatible Uses shall mean a land use which is congruous with, tolerant of, and has no adverse effects on
existing neighboring uses. Incompatibility may be affected by pedestrian or vehicular traffic generation, volume of
goods handled and environmental elements such as noise, dust, odor, air pollution, glare, lighting, debris generated,
contamination of surface or ground water, aesthetics, vibration, electrical interference, and radiation.
Comprehensive Development Plan shall mean the Comprehensive Development Plan of Grand Island,
Nebraska as adopted by the City Council, setting forth policies for the present and foreseeable future community
welfare as a whole and meeting the purposes and requirements set forth in state statutes.
Conditional Use shall mean a use where allowed by the district regulations, that would not be appropriate
generally throughout the zoning district without restrictions, but which, if controlled as to number, size, area,
location, relationship to the neighborhood or other minimal protective characteristics would not be detrimental to the
public health, safety, and general welfare.
Conditional Use Permit shall mean a permit issued by the City Council that authorizes the recipient to
make conditional use of property in accordance with the provisions of Article 6 and any additional conditions placed
upon, or required by said permit.
Condominium shall be as defined in state statutes, whereby four or more apartments are separately offered
for sale.
Confinement shall mean totally roofed buildings, which may be open-sided (for ventilation purposes only)
or completely enclosed on the sides, wherein animals or poultry are housed over solid concrete or dirt floors, or
slatted (partially open) floors over pits or manure collection areas in pens, stalls, cages, or alleys, with or without
bedding materials and mechanical ventilation. The word "confinement" shall not mean the temporary confined
feeding of livestock during seasonal adverse weather.
Conflicting Land Use shall mean the use of property which transfers over neighboring property lines
negative economic, or environmental effects, including, but not limited to, noise, vibration, odor, dust, glare, smoke,
pollution, water vapor, mismatched land uses and/or density, height, mass, mismatched layout of adjacent uses, loss
of privacy, and unsightly views.
Congregate Care Facility shall mean along-term care facility exclusively for persons 60 years of age or
older, and which shall include, without limitation, common dining, social and recreational features, special safety
and convenience features designed for the needs of the elderly, such as emergency call systems, grab bars and
handrails, special door hardware, cabinets, appliances, passageways, and doorways designed for residents including:
meal services, transportation, housekeeping, linen, and organized social activities.
Congregate Housing shall mean a residential facility for four or more persons fifty-five (55) years of age
or over, their spouses, or surviving spouses, providing living and sleeping facilities including meal preparation,
dining areas, laundry services, room cleaning and common recreational, social, and service facilities for the
exclusive use of all residents including resident staffpersonnel who occupy a room or unit in the residential facility.
Conservation shall mean the protection and care that prevents destruction or deterioration of historical or
otherwise significant structures, buildings or natural resources.
Conservation Area shall mean environmentally sensitive and valuable lands protected from any activity
that would significantly alter their ecological integrity, balance or character, except in overriding public interest,
including but not limited to: wetlands, floodways, flood plains, drainage ways, river or stream banks, and areas of
significant biological productivity or uniqueness.
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ORDINANCE NO. 9208 (Cont.)
Conservation Easement shall mean an easement granting a right or interest in real property that is
appropriate to retaining land or water areas predominantly in their natural, scenic, open, or wooded condition and
retaining such areas as suitable habitat for fish, plants, or wildlife, or maintaining existing land uses or preserving
the ability said land to be used for specific purposes such as on site wastewater treatment systems.
Convenience Store shall mean aone-story, retail store that is designed and stocked to sell primarily food,
beverages, and other household supplies to customers who purchase only a relatively few items (in contrast to a
"supermarket.") It is dependent on, and is designed to attract and accommodate large volumes of stop-and-go
traffic. (Also, see self-service Station.)
Contiguous shall mean the same as "Abut".
Copt/ Center shall mean a retail establishment that provides duplicating services using photocopying,
blueprint, and offset printing equipment, and may include the collating and binding of booklets and reports.
Country Club shall mean a land area and buildings containing golf courses, riding arenas, fishing or
hunting facilities and/or similar facilities, a clubhouse, and customary accessory uses, open only to members and
their guests.
Court shall mean an open, unoccupied space, other than a yard, on the same lot with a building or
buildings and abounded on three (3) or more sides by such buildings.
Cul-de-Sac shall mean a short public way that has only one outlet for vehicular traffic and terminates in a
vehicular turn-around.
Curve Lot see "Lot, Curve".
Dairy Farm shall mean any place or premises upon which milk is produced for sale or other distribution.
Densi shall mean the number of dwelling units per acre of land allowable on a given tract or parcel of
land.
Detention Cell shall mean a facility for the temporary storage of stormwater runoff.
Developer shall mean any person, corporation, partnership, or entity that is responsible for any undertaking
that requires a building or zoning permit, conditional use permit or sign permit.
Development shall mean any manmade change to improved or unimproved real estate, including but not
limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations
for which necessary permits may be required.
Development Concept Plan (See Site Plan.)
Development Review shall mean the review, by the city of subdivision plats, site plans, rezoning requests,
or permit review.
District shall mean any defined area within the jurisdiction of the governmental entity that is designed to
allow specific uses and structures as defined in the corresponding textual portion of the regulation.
Doi Kennel (See Kennel, commercial; and Kennel, private.)
Domestic Animals (See Household Pet.)
Downzoning shall mean a change in zoning classification of land to a less intensive or more restrictive
district such as from commercial district to residential district or from a higher density to a lower density residential
district.
Drive-In Facility shall mean an establishment where customers can be served without leaving the
confinement of their vehicle.
Driveway shall mean any vehicular access to an off-street parking or loading facility.
Dump shall mean a place used for the disposal, abandonment, discarding by burial, incineration, or by any
other means for any garbage, sewage, trash, refuse, rubble, waste material, offal or dead animals. Such use shall not
involve any industrial or commercial process.
Du lex shall mean the same as "Dwelling, Two (2) Family".
Dwelling Any building or portion thereof which is designed and used exclusively for single family
residential purposes.
Dwelling, Farmstead shall mean any single family dwelling unit /residence associated with a farming
operation either on a separate tract of land or located as a part of the larger operation area.
Dwelling, Manufactured Home Afactory-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 standards promulgated by the United States
Department of Housing and Urban Development.
Dwelling, Modular (Is considered a conventional type single-family dwelling). Any prefabricated
structure, used for dwelling purposes, moved on to a site in an essentially complete constructed condition, in one or
more parts, and when completed is a single family unit on a permanent foundation, attached to the foundation with
7-
ORDINANCE NO. 9208 (Cont.)
permanent connections. To be a modular home it shall meet or be equivalent to the construction criteria as defined
by the Nebraska State Department of Health and Human Services under the authority granted by Section 71-1555
through 71-1567 Revised Statutes of Nebraska 1943, in addition to any amendments thereto.
Dwelling, Multiple shall mean a building or buildings designed and used for occupancy by three (3) or
more families, all living independently of each other and having separate kitchen and toilet facilities for each family.
Dwelling, Seasonal shall mean a dwelling designed and used as a temporary residence and occupied less
than six months in each year.
Dwelling, Single Family is a building having accommodations for or occupied exclusively by one family
which meet all the following standards:
(A) The home shall have no less than nine hundred (900) square feet of floor area, above grade, for single
story construction;
(B) The home shall have no less than an eighteen (18) foot exterior width;
(C) The roof shall be pitched with a minimum vertical rise of two and one-half (2 1/2) inches for each
twelve (12) inches of horizontal run;
(D) The exterior material is of a color, material and scale comparable with those existing in residential site-
built, single fimily construction;
(E) The home shall have anon-reflective roof material that is or simulates asphalt or wood shingles, tile, or
is a standing seam residential grade steel material, or rock;
(F) The home shall be placed on a continuous permanent foundation and have wheels, axles, transporting
lights, and removable towing apparatus removed, and
(G) The home shall meet and maintain the same standards that are uniformly applied to all single-family
dwellings in the zoning district.
(H) Permanent foundation: continuous perimeter base on which building rests to be constructed from either
poured concrete, laid masonry block, brick or all-weather wood foundation on a footing to be placed a
minimum of thirty-six (36) inches below the final ground level.
Dwelling, Single-Family (Attached) shall mean aone-family dwelling unit that is attached to one
additional single-family dwelling. Said dwelling units are separated by an unpierced common wall through the
structure that also sits along the property line separating ownership of the structure.
Dwelling, Two (2) Family shall mean a building designed or used exclusively for the occupancy of two (2)
families living independently of each other and having separate kitchen and toilet facilities for each family.
Dwelling Unit One room, or rooms connected together, constituting a separate, independent housekeeping
establishment for owner occupancy or lease on a weekly, monthly, or longer basis, and physically separate from any
other rooms or dwelling units which may be in the same structure, and containing independent cooking, toilet and
sleeping facilities.
Easement shall mean a right to use a parcel of land, granted to the general public, utility, corporation or
person(s) for a specific purpose or purposes.
Educational Institution shall mean a public or nonprofit institution or facility which conducts regular
academic instruction at preschool, kindergarten, elementary, secondary, and collegiate levels, including graduate
schools, universities, junior colleges, trade schools, nonprofit research institutions and religious institutions. Such
institutions must either: (1) Offer general academic instruction equivalent to the standards established by the State
Board of Education; or (2) Confer degrees as a college or university or undergraduate or graduate standing; or (3)
Conduct research; or (4) Give religious instruction. Private schools, academies, or institutes incorporated or
otherwise, which operate for a profit, commercial, or private trade schools are not included in this definition.
Eleemosynary Institution shall mean any building or group of buildings devoted to and supported by
charity.
Encroachment shall mean an advancement or intrusion beyond the lines or limits as designated and
established by this chapter, and to infringe or trespass into or upon the possession or right of others without
permission.
Enlargement shall mean the expansion of a building, structure, or use in volume, size, area, height, length,
width, depth, capacity, ground coverage, or in number.
Environmentally Controlled Housing shall mean any livestock operation meeting the definition of a
Livestock Feeding Operation (LFO) and is contained within a building which is roofed, and may or may not have
open sides and contains floors which are hard surfaced, earthen, slatted or other type of floor. The facility is capable
of maintaining and regulating the environment in which the livestock are kept.
Erected shall mean constructed upon or moved onto a site.
Existing and Lawful shall mean the use of a building, structure, or land was in actual existence, operation,
and use, as compared to the use being proposed, contemplated, applied for, or in the process of being constructed or
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ORDINANCE NO. 9208 (Cont.)
remodeled. In addition, the use must either have been permitted, authorized, or allowed by law or any other
applicable regulation prior to the enactment of a zoning regulation when first adopted or permitted, authorized or
allowed by the previous zoning regulation prior to the adoption of an amendment to that zoning regulation.
Expressway shall mean a street or road that provides fast and efficient movement of large volumes of
vehicular traffic between areas and does not provide direct access to property.
Exterior building component shall mean an essential and visible part of the exterior of a building.
External design feature shall mean the general arrangement of any portion of a building, sign,
landscaping, or structure and including the kind, color, and texture of the materials of such portion, and the types of
roof, windows, doors, lights, attached or ground signs, or other fixtures appurtenant to such portions as will be open
to public view from any street, place, or way.
Extra Territorial Jurisdiction shall mean the area beyond the corporate limits, in which the City has been
granted the powers by the state to exercise zoning and building regulations and is exercising such powers.
Facade shall mean the exterior wall of a building exposed to public view from the building's exterior.
Factory shall mean a structure or plant within which something is made or manufactured from raw or
partly wrought materials into forms suitable for use.
Family shall mean a household head and one or more persons related to the head by blood, marriage or
adoption living together in a single dwelling unit.
Family Child Care Home I shall mean a child care operation in the provider's place of residence which
serves between four (4) and eight (8) children at any one time. A Family Child Care Home I provider may be
approved to serve no more than two (2) additional school-age children during non-school hours. In addition to these
regulations, a Child Care Home shall meet requirements of the State of Nebraska.
Family Child Care Home II shall mean a child care operation either in the provider's place of residence
or a site other than the residence, serving twelve (12) or fewer children at any one time. In addition to these
regulations, a Child Care Home shall meet requirements of the State of Nebraska.
Farm shall mean an area containing at least twenty (20) acres or more which is used for growing of the
usual farm products such as vegetables, fruit, and grain, and the storage on the area, as well as for the raising thereon
of the usual farm poultry and farm animals. The term farming includes the operating of such area for one or more of
the above uses with the necessary accessory uses for treating or storing the produce and the feeding of livestock as
hereinafter prescribed; provided such accessory uses do not include the feeding of garbage or offal to swine or other
animals.
Farming shall mean the planting, cultivating, harvesting and storage of grains, hay or plants commonly
grown in Nebraska with the necessary accessory uses for treating or storing the produce and the feeding of livestock
as prescribed hereunder, provided such accessory uses do not include the feeding of garbage or offal to swine or
other animals.
Farmstead In contrast to a farmstead dwelling, a tract of land of not less than 1 acre and not more than 20
acres, upon which a farm dwelling and other outbuildings and barns existed as of August 1, 2004, and was used for
single-family resident purposes.
Feed Lot shall mean the confinement of horses, sheep, pigs, and other food animals in buildings, lots, pens,
pools or ponds which normally are not used for raising crops or for grazing animals.
Fence shall mean a structure serving as an enclosure, barrier or boundary.
(A) Fence, Open shall mean a fence, including gates, which has, for each one foot (1') wide segment
extending over the entire length and height of fence, fifty percent (50%) or more of the surface area in
open spaces which affords direct views through the fence.
(B) Fence, Solid shall mean any fence that does not qualify as an open fence.
Flood see definition in §36-128 of this chapter.
Flood Plain see definition in §36-128 of this chapter.
Floodway see definition in §36-128 of this chapter.
Floor Area whenever the term "floor area" is used in this chapter as a basis for requiring off-street parking
for any structure, it shall be assumed that, unless otherwise stated, said floor area applies not only to the ground floor
area but also to any additional stories of said structure. All horizontal dimensions shall be taken from the exterior
faces of walls.
Food Sales shall mean establishments or places of business primarily engaged in the retail sale of food or
household products for home consumption. Typical uses include groceries, delicatessens, meat markets, retail
bakeries, and candy shops.
Frontage shall mean that portion of a parcel of property which abuts a dedicated public street or highway.
Garage, Private shall mean a detached accessory building or a portion of a main building on the same lot
as a dwelling for the housing of vehicles of the occupants of the dwelling, including carports.
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ORDINANCE NO. 9208 (Cont.)
Garage, Public shall mean any garage other than a private garage.
Garage, Repair shall mean a building designed and used for the storage, care, repair, or refinishing of
motor vehicles including both minor and major mechanical overhauling, paint, and body work as a commercial
business (Also, see Service Station).
Garbage shall mean any waste food material of an animal or vegetable nature, including that which may be
used for the fattening of livestock.
Gated Communities shall mean residential areas that restrict access to normally public spaces. These are
subdivisions of usually high-end houses. The type of gates can range from elaborate guard houses to simple
electronic arms.
Grade shall mean the average of the finished ground level at the center of all walls of a building. In case
walls are parallel to and within five feet of a sidewalk, the ground level shall be measured at the sidewalk.
Grand Island Fee Schedule shall mean the fee schedule adopted and maintained by the City of Grand
Island, which establishes the required fees to be collected for various City services.
Graphic element shall mean a letter, illustration, symbol, figure, insignia, or other device employed to
express and illustrate a message or part thereof.
Greenhouse shall mean a building or premises used for growing plants, preparation of floral arrangements
for off-site delivery to customers, cold storage of flowers or dry storage of materials used for agricultural or
horticultural purposes.
Greenway shall mean a parcel or parcels of land, together with the improvements thereon, dedicated as an
easement for access and/or recreation; usually a strip of land set aside for a walkway, bicycle trail, bridal path, or
other similar access-way.
Ground Cover shall mean plant material used in landscaping which remains less than twelve (12) inches
in height at maturity. (Also, see Landscaping.)
Ground Water shall mean water occurring beneath the surface of the ground that fills available openings
in the rock or soil materials such that they may be considered saturated.
Group Care Home shall mean a home which is operated under the auspices of an organization which is
responsible for providing social services, administration, direction, and control for the home which is designed to
provide twenty-four hour care for individuals in a residential setting.
Group Home for the Disabled shall mean a dwelling with resident staff shared by four or more
handicapped persons who live together as a single housekeeping unit and in a long term, family-like environment in
which staff persons provide care, education, and participation in community activities for the residents with the
primary goal of enabling the residents to live as independently as possible in order to reach their maximum potential.
As used herein, the term "disabled" shall mean having:
(A) A physical or mental impairment that substantially limits one or more of such person's major life
activities so that such person is incapable of living independently;
(B) A record of having such an impairment; or
(C) Being regarded as having such impairment.
Handicap shall not include current, illegal use of or addiction to a controlled substance as defined in state statutes.
Group Housing shall mean two or more separate buildings on a lot, each containing one or more dwelling
units.
Guest Room shall mean a room which is designed to be occupied by one (1) or more guest for sleeping
purposes, having no kitchen facilities, not including dormitories.
Half-Story shall mean a story under a gable, hip or gambrel roof, plates of which are not more than three
(3) feet above the floor of such story.
Halfway House shall mean a licensed home for individuals on release from more restrictive custodial
confinement or initially placed in lieu of such more restrictive custodial confinement, living together as a single
housekeeping unit, wherein supervision, rehabilitation and counseling are provided to mainstream residents back
into society, enabling them to live independently.
Hard Surfaced shall mean any surface used for movement of vehicular and / or pedestrians which is
properly designed and paved with a permanent type, dust-free surface such as asphalt, concrete, or paving brick.
Harmony shall mean a quality that represents an appropriate and congruent arrangement of parts, as in an
arrangement of varied architectural and landscape elements.
Hazardous Waste shall mean waste products of industrial or chemical process including finished surplus,
used, contaminated, or unwanted fertilizer, herbicide, petroleum products, or other such processed waste material
that requires special handling treatment ,and disposal methods.
Health Club shall mean privately owned for profit facilities such as gymnasiums, athletic clubs, health
clubs, recreational clubs, reducing salons, and weight control establishments.
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ORDINANCE NO. 9208 (Cont.)
Health Recreation Facility shall mean an indoor or outdoor facility including uses such as game courts,
exercise equipment, locker rooms, whirlpool spa and/or sauna and pro shop.
Hedge shall mean a plant or series of plants, shrubs or other landscape material, so arranged as to form a
physical barrier or enclosure.
Height of Building see definition of Building Height herein.
Holding Pond shall mean an impoundment made by constructing an excavated pit, dam, embankment, or
combination of these for temporary storage of liquid livestock wastes.
Home for the Aged (see Long-Term Care Facility)
Home Improvement Center shall mean a facility engaged in the retail sale of various basic hardware
lines, such as tools, builders' hardware, paint and glass, housewares and household appliances, garden supplies, and
cutlery.
Home Occupation shall mean an "in-home" or "home based" or entrepreneurial business operating from a
residential dwelling within the extra-territorial jurisdiction of the City of Grand Island. Home occupations are
considered accessory uses to properties in all zoning districts.
Homeowners Association shall mean a private, nonprofit corporation or association of homeowners of
properties in a fixed area, established for the purpose of owning, operating, and maintaining various common
properties and facilities.
Hotel shall mean a building or portion thereof, or a group of buildings, offering transient lodging
accommodations on a daily rate to the general public and providing services associated with restaurants, meeting
rooms, and recreational facilities. The word "hotel" includes motel, inn, automobile court, motor inn, motor lodge,
motor court, tourist court, motor hotel.
Household Pet shall mean an animal that is customarily kept for personal use or enjoyment within the
home. Household pet shall include but not be limited to domestic dogs, domestic cats, domestic tropical birds, fish,
and rodents.
Housing for the Elderly shall mean amulti-family structure, controlled by either a public entity, private
for profit, institutional body, or non-profit corporation. The facility houses predominantly persons 62 years of age or
older.
Impervious Surface shall mean a surface that has been compacted or covered with a layer of material
making the surface highly resistant to infiltration by water, such as rock, gravel, or clay and conventionally surfaced
streets, roofs, sidewalks, parking lots, and driveways.
Incidental Use shall mean a use, which is subordinate to the main use of a premise.
Independent (restricted) Housing shall mean a residential facility limited to persons 62 years of age or
over, or disabled persons.
Industry shall mean the manufacture, fabrication, processing reduction or destruction of any article,
substance or commodity, or any other treatment thereof in such a manner as to change the form, character, or
appearance thereof and including storage elevators, truck storage yards, warehouses, wholesale storage and other
similar types of enterprise.
Infill Development shall mean the construction of a building or structure on a vacant parcel located in a
predominately built up area.
Infill Site shall mean any vacant lot, parcel, or tract of land within developed areas of the city, where at
least 80 percent of the land within a 300-foot radius of the site has been developed, and where water, sewer, streets,
schools, and fire protection have already been constructed or are provided.
Institutional Building shall mean a public and public/private group use of a nonprofit nature, typically
engaged in public service (i.e. houses of worship, nonprofit cultural centers, charitable organizations).
Intensi shall mean the degree to which land is used referring to the levels of concentration or activity in
uses ranging from uses of low intensity being agricultural and residential to uses of highest intensity being heavy
industrial uses. High intensity uses are normally uses that generate concentrations of vehicular traffic and daytime
population and are less compatible with lower intensive uses.
Intent and Purpose shall mean that the Commission and Council by the adoption of this Regulation, have
made a finding that the health, safety, and welfare of the Community will be served by the creation of the District
and by the regulations prescribed therein.
Juice Bar (See Adult Establishment.)
Junk shall be any worn-out, cast-off, old, or discarded articles of scrap, copper, brass, iron, steel, rope,
rags, batteries, paper, trash, rubber, debris, waste, dismantled or wrecked automobiles, or parts thereof, and other old
or scrap ferrous or nonferrous material.
Junk Yard shall definition of Salvage Yard herein.
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ORDINANCE NO. 9208 (Cont.)
Kennel, Boarding and Training shall mean any lot or premises on which three (3) or more dogs, cats or
non-farm/non-domestic or any combination of five (5) or more thereof, at least four (4) months of age, are boarded,
bred, or trained for a fee.
Kennel, Commercial shall mean an establishment where three (3) or more dogs, cats, or other household
pets, or non-farm/non-domestic or any combination of five (5) or more thereof, at least four (4) months of age are
groomed, bred, boarded, trained, or sold as a business.
Kennel, Private shall mean the keeping, breeding, raising, showing or training of four or more animals
over six months of age for personal enjoyment of the owner or occupants of the property, and for which commercial
gain is not the primary objective.
La oon shall mean a wastewater treatment facility which is a shallow, artificial pond where sunlight,
bacterial action, and oxygen interact to restore wastewater to a reasonable state of purity. This includes both human
and livestock wastes. All lagoons shall meet the minimum design criteria established by the Nebraska Department of
Environmental Quality and the Nebraska Department of Health and Human Services. All lagoons shall have the
proper permits approved prior to starting construction.
Land Use Plan shall mean the same as Comprehensive Development Plan.
Landfill shall mean a disposal site employing a method of disposing solid wastes in a manner that
minimizes environmental hazards in accordance with state and federal requirements.
Landscape shall mean plant materials, topography, and other natural physical elements combined in
relation to one another and to man-made structures.
Landscaping shall include the original planting of suitable vegetation in conformity with the requirements
of this Regulation and the continued maintenance thereof.
Large Box Retail shall mean a singular retail or wholesale user that occupies no less than 30,000 square
feet of gross floor area. These uses typically include: membership wholesale clubs emphasizing in large bulk sales,
discount stores, pharmacies, grocery stores, especially warehouse style point of sale concepts and department stores.
Laundry, Self Service shall mean an establishment that provides home-type washing, drying, and/or
ironing facilities for customers on the premises.
Life Care Facility shall mean a facility for the transitional residency of the elderly and/or disabled persons,
progressing from independent living to congregate apartment living where residents share common meals and
culminating in full health and continuing care nursing home facility. (Also, see Congregate Housing and Housing
for the Elderly.)
Light Cut-Off Angle shall mean an angle from vertical, extending downward from a luminaries, which
defines the maximum range of incident illumination outward at the ground plane.
Limits of Grading shall mean the outermost edge of the area in which the existing topography is to be
altered by cutting and/or filling.
Liquids Manure shall mean that type of livestock waste that is in liquid form, collected in liquid manure
pits or lagoons and which can be sprayed or injected beneath the surface.
Liquid Manure Storage Pits shall mean earthen or lined pits wholly or partially beneath a semi or totally
housed (ECH) livestock operation or at some removed location used to collect waste production.
Livestock (See Animals, Farm.)
Livestock Feeding Operation (LFO) shall mean any farming operation exceeding the per acre Animal
Unit (A.U.) ratio as defined under "farming" or the feeding, farrowing, or raising cattle, swine, sheep, poultry, or
other livestock, in a confined area where grazing is not possible, and where the confined area is for more than six (6)
months in any one calendar year, and where the number of animals so maintained exceeds three hundred (300)
Animal Units as defined below. The confined area of the livestock feeding operation shall include the pens, corrals,
sheds, buildings, feed storage areas, waste disposal ponds, and related facilities. Such facilities shall be constructed
and operated in conformance with applicable county, state, and federal regulations. Two (2) or more livestock
feeding operations under common ownership are deemed to be a single livestock feeding operation if they are
adjacent to each other or if they utilize a common area of system for the disposal of livestock wastes. Animal Units
(A.U.) are defined as follows:
One (1) A.U.= One (1) Cow/Calf combination
One (1) A.U.= One (1) Slaughter, Feeder Cattle;
One (1) A.U.= One-half (1/2) Horse;
One (1) A.U.= Seven Tenths (.7) Mature Dairy Cattle;
One (1) A.U.= Two and One Half (2.5) Swine (55 pounds or more);
One (1) A.U.= Twenty Five (25) Weaned Pigs (less than 55 pounds);
One (1) A.U.= Two (2) Sows with Litters;
One (1) A.U.= Ten (10) Sheep;
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ORDINANCE NO. 9208 (Cont.)
One (1) A.U.= One Hundred (100) Chickens;
One (1) A.U.= Fifty (50) Turkeys;
One (1) A.U.= Five (5) Ducks.
Livestock Wastes shall mean animal and poultry excreta and associated feed losses, bedding, spillage, or
overflow from watering systems, wash and flushing waters, sprinkling waters from livestock cooling, precipitation
polluted by falling on or flowing onto a livestock operation, and other materials polluted by livestock or their direct
product.
Loading Space shall mean an off-street space or berth on the same lot with a main building, or contiguous
to a group of buildings, for the temporary parking of commercial vehicles while loading or unloading, and which
abuts a street, alley, or other appropriate means of ingress and egress.
Logic of Design shall mean accepted principles and criteria of validity in the solution of the problem of
design.
Long-Term Care Facility shall mean a facility as defined in Title 15, Chapter 3 Nebraska Department of
Health and Human Services and Neb. Rev. Stat. Section 71-2017.01. These facilities include:
Nursing facilities
Boarding home
Adult Care Home
Assisted Living Facility
Center for the Developmentally Disabled
Group Residence
Swing Bed
Adult Day Care
Lot shall mean a parcel or tract of land which is or may be occupied by a use herein permitted, together
with yards, and other open spaces herein required, that has frontage upon a street, and is a part of a recorded
subdivision plat or has been recorded prior to Apri122, 1968, or a parcel of real property delineated on an approved
record of survey, lot-split or sub-parceling map as filed in the office of the County Register of Deeds and abutting at
least one (1) public street or right-of--way.
Lot Area shall mean the total area, on a horizontal plane, within the lot lines of a lot.
Lot, Corner shall mean a lot located at the intersection of two (2) or more streets at an angle of not more
than one hundred thirty-five (135) degrees. If the angle is greater than one hundred thirty-five (135) degrees, the lot
shall be considered an "Interior Lot".
Lot Coverage shall mean the portion of a lot or building site which is occupied by any building or
structure, excepting paved areas, and walks, regardless of whether said building or structure is intended for human
occupancy or not.
Lot, Curve shall mean a lot fronting on the outside curve of the right-of--way of a curved street, which
street has a centerline radius of three hundred (300) feet or less.
Lot Depth shall mean the horizontal distance between the front and rear lot lines measured in the mean
direction of the side lot lines.
Lot, Double Frontage shall mean a lot having a frontage on two non-intersecting streets as distinguished
from a corner lot.
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ORDINANCE NO. 9208 (Cont.)
\,
\~~i
Lo Fla shall mean a lot with frontage and access provided to the bulk of the lot by means of a narrow
corridor. The measurement of the actual lot frontage shall be made along the widest portion of the lot along the line
parallel to the street.
Lot, Frontage shall mean the side of a lot abutting on a legally accessible street right-of--way other than an
alley or an unimproved county road. For the purposes of this definition, on corner lots, all sides of a lot adjacent to
streets or roads shall be considered frontage.
Lo Ke shall mean a lot: (1) abutting the entire length of at least one of its side lot lines, either directly or
across an alley, the rear lot line of any other lot; or (2) situated between two such key lots.
Lot, Interior shall mean a lot other than a corner lot.
Lot Line shall mean the property line bounding a lot.
(A) Lot Line, Front shall mean the property line abutting a street.
(B) Lot Line, Rear shall mean a lot line not abutting a street which is opposite and most distant from the
front lot line.
(C) Lot Line, Side shall mean any lot line not a front lot line or rear lot line.
Lot, Nonconforming shall mean a lot having less area or dimension than that required in the district in
which it is located and which was lawfully created prior to the zoning thereof whereby the larger area or dimension
requirements were established, or any lot, other than one shown on a plat recorded in the office of the Hall County
Register of Deeds, which does not abut a public road or public road right-of--way and which was lawfully created.
Lot Through shall mean a lot having frontage on two (2) dedicated streets, not including a corner lot.
Lot of Record shall mean a lot held in separate ownership as shown on the records of the Hall County
Register of Deeds at the time of the passage of a regulation or regulation establishing the zoning district in which the
lot is located.
Lot Width shall mean the average horizontal distance between the side lot line, measured at right angles to
the lot depth at a point midway between the front and rear lot lines.
Manufactured Home Park shall mean a parcel of land under single ownership that has been planned and
improved for the placement of manufactured housing used or to be used for dwelling purposes and where
manufactured home spaces are not offered for sale or sold. The term "manufactured home park" does not include
sales lots on which new or used manufactured homes are parked for the purposes of storage, inspection, or sale.
Manufactured Home Subdivision shall mean any area, piece, parcel, tract or plot of ground subdivided
and used or intended to be used for the purpose of selling lots for occupancy by manufactured homes.
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ORDINANCE NO. 9208 (Cont.)
Manufacturing shall mean uses primarily engaged in the mechanical or chemical transformation of
materials or substances into new products. These uses are usually described as plants, factories, or mills and
characteristically use power driven machines and materials handling equipment. Uses engaged in assembling
component parts of manufactured products are also considered manufacturing if the new product is neither a
structure nor other fixed improvement. Also included is the blending of material such as lubricating oils, plastics,
resins, or liquors. Manufacturing production is usually carried on for the wholesale market, for interplant transfer,
or to order for industrial users, rather than for direct sale to the domestic consumer.
Map, Official Zoning shall mean a map delineating the boundaries of zoning districts which, along with
the zoning text, is officially adopted by the Grand Island City Council as "The Official Zoning Map of the City of
Grand Island, Nebraska."
Massage Establishment shall mean any building, room, place, or establishment other than a regularly
licensed and established hospital or dispensary where non-medical or non-surgical manipulative exercises or devices
are practiced upon the human body manually or otherwise by any person other than a licensed physician, surgeon,
dentist, occupational and/or physical therapist, chiropractor, or osteopath with or without the use of therapeutic,
electrical, mechanical, or bathing device. Said establishment shall comply with all state regulations.
Massage Parlor (See Adult Massage Parlor.)
Mechanical Equipment shall mean equipment, devices, and accessories, the use of which relates to water
supply, drainage, heating, ventilating, air conditioning, and similar purposes.
Mini-Storage or Mini-Warehouse (See Self-Service Storage Facility.)
Miscellaneous Structures shall mean structures, other than buildings, visible from public ways. Examples
are: memorials, stagings, antennas, water tanks and towers, sheds, shelters, fences, and walls, kennels, transformers,
drive-up facilities.
Mixed Use shall mean properties where various uses, such as office, commercial, institutional, and
residential, are combined in a single building or on a single site in an integrated development project with significant
functional interrelationships and a coherent physical design.
Mobile Home Park (See Manufactured Home Park.)
Mobile Home Subdivision (See Manufactured Home Subdivision.)
Monotony shall mean repetitive sameness, lacking variety and variation, and/or reiteration.
Motel (See Hotel.)
Motor Vehicle shall mean every self-propelled land vehicle, not operated upon rails, except mopeds and
self-propelled invalid chairs.
Nebraska Revised Reissued Statutes, 1943 and the abbreviated term Nebr. R. R. S., 1943 are one and the
same.
Nightclub shall mean a commercial establishment dispensing beverages for consumption on the premises
and in which dancing is permitted or entertainment is provided, except as defined under Adult Cabaret. (Also, see
Bar.)
Non-Agricultural Land shall mean any tract, parcel or lot that is used for any purpose that does not meet
the definition of Agriculture in this section.
Non-community Water Supply System shall mean any public water supply system that is not a
community water supply system.
Non-Conforming Building shall mean a building or portion thereof which was lawful when established
but which does not conform to subsequently established zoning or zoning regulations.
Non-Conforming Use shall mean a use lawful when established but which does not conform to
subsequently established zoning or zoning regulation.
Non-Farm Buildings are all buildings except those buildings utilized for agricultural purposes on a
farmstead of twenty acres or more which produces one thousand dollars or more of farm products each year.
Nursery shall mean the use of a premises for the propagation, cultivation, and growth of trees, shrubs,
plants, vines, and the like from seed or stock, and the sale thereof, and including the sale of trees, shrubs, plants,
vines, and the like purchased elsewhere and transplanted into the soil of the premises. In connection with the sale of
plants, such fungicides, insecticides, chemicals, peat moss, humus, mulches, and fertilizers as are intended to be
used in preserving the life and health of the plants may be sold.
Nursing Home see Congregate Care Facility
Nursery School see Preschool
Office shall mean a building or a portion of a building wherein services are performed involving, primarily,
administrative, professional, or clerical operations.
Official Map (See Map, Official Zoning District.)
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ORDINANCE NO. 9208 (Cont.)
Off-Street Parking Area or Vehicular Use shall refer to all off street areas and spaces designed, used,
required, or intended to be used for parking, including driveways or access ways in and to such areas.
Open Lots shall mean pens or similar concentrated areas for livestock, including small shed-type areas or
open-front buildings, with dirt, or concrete (or paved or hard) surfaces, wherein animals or poultry are substantially
or entirely exposed to the outside environment except for possible small portions affording some protection by
windbreaks or small shed-type areas.
Open Space shall mean a parcel or parcels of land, together with the improvements thereon, primarily set
aside for recreational use and enjoyment, exclusive of land areas used for streets, alleys, roads, driveways, parking
areas, structures, and buildings.
Open Space, Common shall mean a separate and distinct area set aside as open space within or related to a
development, and not on individually owned lots or dedicated for public use, but which is designed and intended for
the common use or enjoyment of the residents of the development. Rights-of--way, private streets, driveways,
parking lots or other surfaces designed or intended for vehicular use or required yards shall not be included as
common open space.
Outiot shall mean a lot remnant or parcel of land left over after platting, which is intended as open space or
other use, for which no building permit shall be issued for any private structure. Typically uses are limited within the
subdivision agreement and/or plat.
Overlay District shall mean a district in which additional requirements act in conjunction with the
underlying zoning district. The original zoning district designation does not change.
Owner shall mean one or more persons, including corporations, who have title to the property, building or
structure in question.
Paintball shall mean all guns and other devices used for the purpose of firing pellets containing a latex
paint at a person or target.
Paintball Course, Commercial shall mean a commercial recreational park containing obstacle courses for
the purpose of staging paintball battles. Said facility generally collects a fee, either as membership or on a visit by
visit basis, that allows individuals to participate in paintball activities.
Parcel shall mean a lot or a contiguous group of lots in single ownership or under single control, which
may be considered as a unit for purposes of development.
Park shall mean any public or private land available for recreational, educational, cultural, or aesthetic use.
Parking Area, Private shall mean an area, other than a street, used for the parking of motor vehicles
capable of moving under their own power and restricted from general public use.
Parking Area, Public shall mean an area, other than a private parking area or street used for the parking of
vehicles capable of moving under their own power, either free or for remuneration.
Parking Space, Automobile shall mean an area, other than a street or alley, reserved for the parking of an
automobile, such space having an area of not less than 180 square feet and no dimension of less than nine (9) feet,
plus such additional area as is necessary to afford adequate ingress and egress.
Parkway shall mean an arterial highway with full or partial control of access, and located within a park or
ribbon of park like development.
Performance Guarantee shall mean a financial guarantee to ensure that all improvements, facilities, or
work required by this chapter will be completed in compliance with these regulations as well as with approved plans
and specifications of a development.
Permanent Foundation shall mean a base constructed from either poured concrete, laid masonry rock,
brick, or all-weather wood and placed on a footing located below ground level to a point below the frost line upon
which a building or structure is permanently attached.
Permanent Tree Protection Devices shall be structural measures, such as retaining walls or aeration
devices that are designed to protect the tree and its root systems throughout its lifetime.
Permanently Attached shall mean connected to real estate in such a way as to require dismantling, cutting
away, or unbolting in order to remove, relocate, or replace.
Permitted Use shall mean any land use allowed without condition within a zoning district.
Person shall mean an individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, City, County, special district or any other group or
combination acting as an entity, except that it shall not include Grand Island, Nebraska.
Pet Shop shall mean a retail establishment primarily involved in the sale of domestic animals, such as
dogs, cats, fish, birds, and reptiles, excluding exotic animals and farm animals'such as horses, cattle, goats, sheep
and poultry.
Planned Unit Development shall mean a development designed to provide for an unusual or different
arrangement of residential, business, or industrial uses in accordance with an approved development plan.
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ORDINANCE NO. 9208 (Cont.)
Plannine Commission shall mean the Hall County Regional Planning Commission.
Plant Materials shall mean trees, shrubs, vines, ground covers, grass, perennials, annuals, and bulbs.
Plat shall mean a map showing the location, boundaries, and legal description of individual properties,
including street rights-of--way, public utility easements, etc.
Policy shall mean a statement or document of the City, such as the comprehensive plan, that forms the
basis for enacting legislation or making decisions.
Poultry, Commercial Feeding shall mean a poultry commercial feed lot, whether the confined feeding
operations are enclosed or outdoors.
Premises shall mean a tract of land, consisting of one lot or irregular tract, or more than one lot or irregular
tract, provided such lots or tracts are under common ownership, contiguous, and used as a single tract. A building or
land within a prescribed area.
Preschool shall mean an early childhood program which provides primarily educational services, where
children do not nap and where children are not served a meal.
Private Well shall mean a well that provides water supply to less than fifteen (15) service connections and
regularly serves less than twenty-five (25) individuals.
Prohibited Use shall mean any use of land, other than nonconforming, which is not listed as a permitted
use or conditional use within a zoning district.
Proportion shall mean a balanced relationship of parts of a building, landscape, structures, or buildings to
each other and to the whole.
Protected Zone shall mean all lands that fall outside the buildable areas of a parcel, all areas of a parcel
required to remain in open space, and/or all areas required as landscaping strips according to the provisions of this
chapter.
Public Utility shall mean any business which furnishes the general public telephone service, telegraph
service, electricity, natural gas, water and sewer, or any other business so affecting the public interest as to be
subject to the supervision or regulation by an agency of the state or federal government.
Public Water Supply shall mean a water supply system designed to provide public piped water fit for
human consumption, if such system has at least fifteen (15) service connections or regularly serves at least twenty-
five individuals. This definition shall include: (1) Any collection, treatment, storage, or distribution facilities under
the control of the operator of such system and used primarily in connection with such system; and (2) Any collection
or pretreatment storage facilities not under such control which are used primarily in the connection with such
system.
Railroad shall mean the land use including the right-of--way (R.O.W.) abutting railroad properties occupied
by uses pertinent to the railroad operation and maintenance, but not including properties owned by the railroad and
leased for use by others.
Recreational Facility shall mean facilities for the use by the public for passive and active recreation
including tennis, handball, racquetball, basketball, track and field, jogging, baseball, soccer, skating, swimming, or
golf. This shall include country clubs and athletic clubs, but not facilities accessory to a private residence used only
by the owner and guests, nor arenas or stadiums used primarily for spectators to watch athletic events. In addition,
recreational facilities shall mean museums, amphitheaters, race tracks (including all motor powered vehicles) and
wildlife conservation areas (used for public viewing), and theme parks.
Recreational Vehicle (RV) shall mean a vehicular unit less than forty (40) feet in overall length, eight (8)
feet in width, or twelve (12) feet in overall height, primarily designed as a temporary living quarters for recreational
camping or travel use having either its own power or designed to be mounted on or drawn by a motor vehicle.
Recreational vehicle includes motor home, truck camper, travel trailer, camping trailer, and fifth wheel.
Recreational Vehicle Pad: a space for parking a recreational vehicle within a campground or other
allowed place consisting of no less than 800 square feet with a minimum width of 12 feet. Improvements included
within the pad space include 1 hard surfaced improved parking space of not less than 180 square feet (20 x 9 or 18 x
10) and 2 hard surfaced improved parallel tire pads of not less than 2.5 feet by 24 feet.
Recreational Vehicle (RV) Park shall mean a tract of land upon which two or more recreational vehicle
sites are located, established, or maintained for occupancy by recreational vehicles of the general public as
temporary living quarters for recreation or vacation purposes by campers, vacationers, or travelers.
Residence shall mean a building used, designed, or intended to be used as a home or dwelling place for one
(1) or more families.
Restaurant shall mean a public eating establishment at which the primary function is the preparation and
serving of food primarily to persons seated within the building.
(A) Restaurant, Drive-In shall mean an establishment that has the facilities to serve prepared food and/or
beverages to customers seated within motor vehicles for consumption either on or offthe premises.
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ORDINANCE NO. 9208 (Cont.)
(B) Restaurant, Entertainment shall mean an establishment where food and drink are prepared, served,
and consumed, within a building or structure that integrally includes electronic and mechanical games of
skill, simulation, and virtual reality, play areas, video arcades or similar uses, billiards, and other forms of
amusement.
(C) Restaurant, Fast Food shall mean an establishment whose principal business is the sale of food
and/or beverages in ready-to-consume individual servings, for consumption either within the establishment,
for carryout, or drive-in; and where food and/or beverages are usually served in paper, plastic, or other
disposable containers.
Retail Trade shall mean uses primarily engaged in selling merchandise for personal or household
consumption and rendering services incidental to the sale of goods. Uses engaged in retail trade sell merchandise to
the general public or to households for personal consumption.
Retention Cell shall mean a pond, pool, or basin used for the permanent storage of stormwater runoff.
Reverse Spot Zoning shall mean an arbitrary zoning or rezoning of a small tract of land that is not
consistent with the comprehensive land use plan and that uniquely burdens an individual owner largely to secure
some public benefit. Reverse spot zoning usually results from downzoning a tract of land to a less intensive use
classification than that imposed on nearby properties.
Rezoning shall mean an amendment to or change in the zoning regulations either to the text or map or
both.
Rezoning, Piecemeal shall mean the zoning reclassification of individual lots resulting in uncertainty in the
future compatible development of the area.
Right-of--Way shall mean an area or strip of land, either public or private, on which an irrevocable right of
passage has been dedicated, recorded, or otherwise legally established for the use of vehicles or pedestrians or both.
Road shall mean the same as "Street".
Road, Private shall mean a way, other than driveways, open to vehicular ingress and egress established for
the benefit of certain, adjacent properties. (Also, see right-of--way and Street.)
Road, Public shall mean a public right-of--way reserved or dedicated for street or road traffic. (Also, see
right-of--way and Street.)
Room shall mean an un-subdivided portion of the interior of a dwelling unit, excluding bathroom, kitchen,
closets, hallways, and service porches.
Salvage Yard shall mean any building, lot, yard or premise used for the collection, processing, salvage,
storage, bailing or shipping of junked vehicles, vehicle parts, paper, cardboard, glass, plastic, metals, rags, scrap
materials, junk, or material similar to those listed herein.
Satellite Dish Antenna shall mean a round, parabolic antenna incorporating a reflective surface that is
solid, open mesh, or bar configured and is in the shape of a shallow dish, or cone and used to transmit and/or receive
radio or electromagnetic waves.
Scale shall mean a proportional relationship of the size of parts to one another and to the human figure.
School, Day shall mean a preschool or nursery school for children.
School, Day, Pre-, or Nursery shall mean a school or center for children under school age, whether
licensed as a day care center or not, shall be approved by the Nebraska State Fire Marshall as being in safety
conformance with the National Fire Protection Association, Pamphlet 101, known as the Life Safety Code and shall
be approved by the Nebraska Department of Health and Welfare as meeting their health and welfare standards.
Screening shall mean a structure or planting that conceals from view from public ways the area behind
such structure or planting.
Selective Clearing shall be the careful and planned removal or trees, shrubs, and plants using specific
standards and protection measures.
Self-Service Station shall mean an establishment where motor fuels are stored and dispensed into the fuel
tanks of motor vehicles by persons other than the service station attendant and may include facilities available for
the sale of other retail products.
Self-Service Storage Facility shall mean a building or group of buildings containing individual,
compartmentalized, and controlled access stalls or lockers for storage.
Separate Ownership shall mean ownership of a parcel of land by a person who does not own any of the
land abutting such parcel.
Service Stations shall mean buildings and premises where the primary use is the supply and dispensing at
retail of motor fuels, lubricants, batteries, tires, and motor vehicle accessories and where light maintenance activities
such as engine tune-ups, lubrications, and washing may be conducted, but not including heavy maintenance and
repair such as engine overhauls, painting, and body repair.
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ORDINANCE NO. 9208 (Cont.)
Setback Line, Front Yard shall mean the line which defines the depth of the required front yard. Said
setback line shall be parallel with the right-of--way line or highway setback line when one has been established.
Setback Line, Rear Yard or Side Yard shall mean the line which defines the width or depth of the
required rear or side yard. Said setback line shall be parallel with the property line, removed therefrom by the
perpendicular distance prescribed for the yard in the district.
Shopping Center shall mean a group of commercial establishments planned, constructed, and managed as
a total entity with customer and employee parking provided on-site, provisions for goods delivery that is separated
from customer access, aesthetic considerations, and protection from the elements.
Shopping Center, Commercial Strip shall mean a commercial development, usually one store deep, that
fronts on a major street for a distance of one city block or more. Includes individual buildings on their own lots, with
or without on-site parking and small linear shopping centers with shallow on-site parking in front of the stores.
Shopping Center, Outlet shall mean a commercial development that consists mostly of manufacturers'
outlet stores selling their own brands at a discounted price. This definition includes all forms of centers, such as strip
style, enclosed mall style, and village clustered style centers.
Shrub shall mean amulti-stemmed woody plant other than a tree.
Sidewalk Cafe shall mean an area adjacent to a street level eating or drinking establishment located
adjacent to the public pedestrian walkway and used exclusively for dining, drinking, and pedestrian circulation. The
area may be separated from the public sidewalk by railings, fencing or landscaping or a combination thereof.
Sight Triangle is an area at a street intersection in which nothing shall be erected, placed, planted, or
allowed to grow in such a manner as to materially impede vision. The area and restrictions of the sight triangle are
further defined in Chapter 32 of this code.
Sign Base shall mean any decorative, functional element extending upward from grade to the start of the
sign.
Similar Use shall mean the use of land, buildings, or structures of like kind or general nature with other
uses within a zoning district as related to bulk, intensity of use, traffic generation and congestion, function, public
services requirements, aesthetics or other similarities
Site Break shall mean a structural or landscape device to interrupt long vistas and create visual interest in a
site development.
Site Plan shall mean a plan, prepared to scale, showing accurately and with complete dimensioning, the
boundaries of a site and the location of all buildings, structures, uses, drives, parking, drainage, landscape features,
and other principal site development improvements for a specific parcel of land.
Site, Septic shall mean the area bounded by the dimensions required for the proper location of the septic
tank system.
Skate, In-Line shall mean aboot-type device, which is placed on an individual's feet. In-line skates
contain wheels on the bottom of the boot, which are attached in linear fashion.
Skate Park shall mean a recreational facility containing skateboard ramps and other obstacle courses and
devices for use with skateboards and in-line skates.
Skateboard shall mean a foot board mounted upon four or more wheels and is usually propelled by the
user who sometimes stands, sits, kneels, or lays upon the device while it is in motion.
Skateboard Pipe shall mean an outdoor structure which is shaped into a half circle or oval, that are
designed and principally intended to permit persons on skateboards to move continuously from one side to the other.
Skateboard Ramp shall mean an outdoor structure with an upward inclined surface, essentially one of the
sides of a pipe, which are designed and principally intended to permit persons on skateboards to move from
horizontal to vertical and back to horizontal.
Sludge shall mean solids removed from sewage during wastewater treatment and then disposed of by
incineration, dumping, burial, or land application.
Solid Waste shall mean waste materials consisting of garbage, trash, refuse, rubble, sewage, offal, dead
animals, or paunch manure.
Specified Anatomical Areas shall mean anatomical areas consisting of less than completely and opaquely
covered human genitals, buttock, or female breast(s) below a point immediately above the top of the areola.
Specified Sexual Activities shall mean sexual activities prohibited by state law.
Spot Zoning shall mean an arbitrary zoning or rezoning of a small tract of land that is not consistent with
the comprehensive land use plan and primarily promotes the private interest of the owner rather than the general
welfare. Spot zoning usually results from an upzoning to a more intensive use classification.
Standard System shall mean a sewage treatment system employing a building sewer, septic tank, and a
standard soil absorption system.
State shall mean the State of Nebraska.
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ORDINANCE NO. 9208 (Cont.)
Storage shall mean the keeping, in a roofed or unroofed area, of any goods, junk, material, merchandise, or
vehicles on the same tract or premises for more than thirty (30) days.
Storm Drain shall mean a conduit that carries natural storm and surface water drainage but not sewage and
industrial wastes, other than unpolluted cooling water.
Stormwater Detention shall mean any storm drainage technique that retards or detains runoff, such as a
detention or retention basin, parking lot storage, rooftop storage, porous pavement, dry wells, or any combination
thereof. Said detention shall be designed by a licensed professional engineer and approved by the City.
Stormwater Manaeement shall mean the collecting, conveyance, channeling, holding, retaining,
detaining, infiltrating, diverting, treating, or filtering of surface water, or groundwater, and/or runoff, together with
applicable managerial (non-structural) measures.
Stormwater Runoff shall mean surplus surface water generated by rainfall that does not seep into the earth
but flows over land to flowing or stagnant bodies of water.
Story, One-Half shall mean the same as "Half-Story".
Street shall mean a public thoroughfare or right-of--way dedicated, deeded, or condemned for use as such,
other than an alley, which affords the principal means of access to abutting property including avenue, place, way,
drive, lane, boulevard, highway, road and any other thoroughfare except as excluded in this chapter.
Street, Arterial shall mean a street of considerable continuity connecting various sections of the City,
designated as an arterial street on the official street plan of the City.
Street, Collector shall mean a street or highway that is intended to carry traffic from minor streets to major
streets. Collector streets are usually the principal entrance streets to residential developments and the streets for
circulation within the development as designated in the Comprehensive Development Plan.
Street, Curvilinear shall mean local streets that deviate from straight alignment and change direction
without sharp corners or bends.
Street, Local shall mean a street designed for local traffic that provides direct access to abutting
residential, commercial, or industrial properties.
Street, Looped shall mean a continuous local street without intersecting streets and having its two (2)
outlets connected to the same street.
Streets, Major shall mean a street or highway used primarily for fast or high volume traffic, including
expressways, freeways, boulevards, and arterial streets as designated in the Comprehensive Development Plan.
Street, Private shall mean an open, unoccupied space, other than a street or alley dedicated to the public,
but permanently established as the principal means of vehicular access to abutting properties. The term "private
street" includes the term "place."
Street, Side shall mean that street bounding a corner or reversed corner lot and which extends in the same
general direction as the line determining the depth of the lot.
Street Centerline shall mean the centerline of a street right-of--way as established by official surveys.
Street Frontage shall mean the distance for which a lot line of a zone lot adjoins a public street, from one
lot line intersecting said street to the furthest distant lot line intersecting the same street.
Street, Frontage Access shall mean a street parallel and adjacent to a major street, major inter-regional
highway, or major collection road and primarily for service to the abutting properties, and being separated from the
major street by a dividing strip.
Street Hardware shall mean man-made objects other than buildings that are part of the streetscape.
Examples are: lamp posts, utility poles, traffic signs, benches, litter containers, planting containers, letter boxes, fire
hydrants.
Street Line shall mean a dividing line between a lot, tract, or parcel of land and the contiguous street.
Streetscape shall mean the scene as may be observed along a public street or way composed of natural and
man-made components, including buildings, paving, plantings, street hardware, and miscellaneous structures.
Structure shall mean anything constructed or built, any edifice or building of any kind, or any piece of
work artificially built up or composed of parts joined together in some definite manner, which requires location on
the ground or is attached to something having a location on the ground, including swimming and wading pools and
covered patios, signs and towers, excepting outdoor areas such as paved areas, walks, tennis courts, and similar
recreation areas.
Structure, Temporary shall mean a structure without any foundation or footing and removed when the
designated time period, activity, or use for which the temporary structure was erected has ceased.
Structural, Alteration shall mean any change in the support members of a building, such as in a bearing
wall, column, beam or girder, floor or ceiling joists, roof rafters, roof diaphragms, foundations, piles, or retaining
walls or similar components.
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ORDINANCE NO. 9208 (Cont.)
Subdivision shall mean the division of a lot, tract, or parcel of land into two (2) or more lots, sites, or other
divisions of land for the purpose, whether immediate or fixture, of transfer of ownership or building development,
provided that the smallest lot created by the division is less than ten (10) acres in size.
Surface Waters shall mean all waters within the jurisdiction of this state, including all streams, lakes,
ponds, impounding reservoirs, marshes, wetlands, watercourses, waterways, springs, canal systems, drainage
systems, and all other bodies or accumulations of water, natural or artificial, public or private, situated wholly or
partly within or bordering upon the state.
Tanning Studio shall mean any business that uses artificial lighting systems to produce a tan on an
individual's body. These facilities may be either astand-alone business or as an accessory use in spas, gymnasiums,
athletic clubs, health clubs, and styling salons. This use is not included with any type of adult establishment.
Tattoo Parlor / Body Piercing Studio shall mean an establishment whose principal business activity is the
practice of tattooing and/or piercing the body of paying customers.
Tavern (See Bar.)
Temporary Use shall mean a use intended for limited duration to be located in a zoning district not
permitting such use.
Theater shall mean a building or structure used for dramatic, operatic, motion pictures, or other
performance, for admission to which entrance money is received and no audience participation or meal service.
Tower see definition in §36-169 of this chapter.
Townhouse shall mean aone-family dwelling unit, with a private entrance, which part of a structure whose
dwelling units are attached horizontally in a linear arrangement, and having a totally exposed front and rear wall to
be used for access, light, and ventilation.
Trailer, Automobile see definition in §22-1 of this code.
Truck Repair shall mean the repair, including major mechanical and body work, straightening of body
parts, painting, welding, or other work that may include noise, glare, fumes, smoke, or other characteristics to an
extent greater than normally found in gasoline service stations, of trucks having a hauling capacity of over one (1)
ton and buses but excluding pickups and other vehicles designed for the transport of under eight (8) passengers.
Upzoning shall mean a change in zoning classification of land to a more intensive or less restrictive district
such as from residential district to commercial district or from a single family residential district to a multiple family
residential district.
Use shall mean the purpose or activity for which land or buildings are designed, arranged, or intended or
for which land or buildings are occupied or maintained.
Use, Best shall mean the recommended use or uses of land confined in an adopted comprehensive plan.
Such use represents the best use of public facilities, and promotes health, safety and general welfare.
Use, Highest shall mean an appraisal or real estate market concept that identifies the use of a specific tract
of land that is most likely to produce the greatest net return on investment.
Use, Permitted shall mean any land use allowed without condition within a zoning district.
Use, Principal shall mean the main use of land or structure, as distinguished from an accessory use. (Also,
see Building, Principal.)
Use, Prohibited shall mean any use of land, other than nonconforming, which is not listed as a permitted
use or conditional use within a zoning district.
Utilitarian Structure shall mean a structure or enclosure relating to mechanical or electrical services to a
building or development.
Utility Easement shall mean the same as "Easement".
Utility Hardware shall mean devices such as poles, crossarms, transformers and vaults, gas pressure
regulating assemblies, hydrants, and buffalo boxes that are used for water, gas, oil, sewer, and electrical services to a
building or a project.
Utilities, Overhead or Underground "Local Distribution" System of shall mean the local service
distribution circuit or lines and related appurtenances served from a substation, town border station, reservoir, or
terminal facility which is served from a main supply line, main transmission line, or main feeder line as may be
applicable to electric, communications, gas, fuel, petroleum, fertilizer, or other chemical utilities. Local electric
distribution systems shall be limited to include all lines and appurtenances carrying a primary voltage of less than
161 KV from an electric transformer substation to the consumer. The local telephone distribution system shall be
limited to include the local exchange lines, the local toll lines, and the local communications equipment facilities
structure.
Utilities, Overhead or Underground "Transmission Line, Supply Line, Wholesale Carrier or Trunk
Line, Main Feeder Line" or other applicable designation shall mean the main supply or feeder line serving a local
distribution system of utilities, and shall include but is not limited to pumping stations, substations, regulating
-21 -
ORDINANCE NO. 9208 (Cont.)
stations, generator facilities, reservoirs, tank farms, processing facilities, terminal facilities, towers, and relay
stations, and treatment plants.
Utility Service shall mean any device, including wire, pipe, and conduit, which carries gas, water,
electricity, oil, wastewater and communications into a building or development.
Variance shall mean a relief from or variation of the provisions of this chapter, other than use regulations,
as applied to a specific piece ofproperty, as distinct from rezoning.
Vegetation shall mean all plant life; however, for purposes of this chapter it shall be restricted to mean
trees, shrubs, and vines.
Vehicle shall mean every device in, upon, or by which any person or property is or may be transported or
drawn upon a highway, excepting devices moved solely by human power or used exclusively upon stationary rails
or tracks.
Vehicle, Motor (See Motor Vehicle.)
Warehouse shall mean a building used primazily for the storage of goods and materials.
Warehouse and Distribution shall mean a use engaged in storage, wholesale, and distribution of
manufactured products, supplies, and equipment.
Waste Handling System shall mean any and all systems, public or private, or combination of said
structures intended to treat human or livestock excrement and shall include the following types of systems:
(A) Holding pond shall mean an impoundment made by constructing an excavated pit, dam, embankment
or combination of these for temporary storage of liquid livestock wastes, generally receiving runoff from
open lots and contributing drainage area.
(B) Lagoon shall mean an impoundment made by constructing an excavated pit, dam, embankment or
combination of these for treatment of liquid livestock waste by anaerobic, aerobic or facultative digestion.
Such impoundment predominantly receives waste from a confined livestock operation.
(C) Liquid manure storage pits shall mean earthen or lined pits located wholly or partially beneath a
semi or totally housed livestock operation or at some removed location used to collect waste production.
(D) Sediment shall mean a pond constructed for the sole purpose of collecting and containing sediment.
Wastewater Lagoon (See Lagoon.)
Waters of the State shall mean all waters within the jurisdiction of this state, including all streams, lakes,
ponds, impounding reservoirs, marshes, wetlands, watercourses, waterways, wells, springs, irrigation systems,
drainage systems, and all other bodies or accumulations of water surface or underground, material or artificial,
public or private, situated wholly within or bordering upon the state.
Wetland shall mean an area that is inundated or saturated by surface water or ground water at a frequency
and duration sufficient to support, and that, under normal circumstances, does support, a prevalence of vegetation
typically adapted for life in saturated soiled conditions, commonly known as hydrophytic vegetation.
Wholesale Establishment shall mean an establishment for the on-premises sale of goods primarily to
customers engaged in the business of reselling the goods.
Wholesale Trade shall mean a use primarily engaged in selling merchandise to retailers; to industrial,
commercial, institutional, farm or professional business users; or to other wholesalers; or acting as agents or brokers
in buying merchandise for or selling merchandise to such persons or companies. The principal types of
establishments included are: Merchant wholesalers; sales branches and sales offices (but not retail stores)
maintained by manufacturing enterprises apart from their plants for the purpose of marketing their products; agents,
merchandise or commodity brokers, and commission merchants; petroleum bulk storage, assemblers, buyers, and
associations engaged in cooperative marketing of farm products. The chief functions of uses in wholesale trade are
selling goods to trading establishments, or to industrial, commercial, institutional, farm and professional; and
bringing buyer and seller together. In additional to selling, functions frequently performed by wholesale
establishments include maintaining inventories of goods; extending credit; physically assembling, sorting and
grading goods in large lots, breaking bulk and redistribution in smaller lots; delivery; refrigeration; and various types
ofpromotion such as advertising and label designing.
Yard shall mean any open space on the same lot with a building or a dwelling group, which open space is
unoccupied and unobstructed from the ground upward to the sky, except for building projections or for accessory
buildings or structures permitted by this chapter.
Yard, Front shall. mean a space between the front yard setback line and the front lot line or highway
setback line, and extending the full width of the lot. On corner lots, the front yard shall always be on the narrow side
of the lot.
Yard, Rear shall mean a space between the rear yard setback line and the rear lot line, extending the full
width of the lot.
-22-
ORDINANCE NO. 9208 (Cont.)
Yard, Side shall mean a space extending from the front yard, or from the front lot line where no front yard
is required by this chapter, to the rear yard, or rear lot line, between a side lot line and the side yard setback line.
Zone Lot shall mean a parcel of land in single ownership that is of sufficient size to meet minimum zoning
requirements for area, coverage, and use, and that can provide such yards and other open spaces as required by this
chapter.
Zoning Official shall mean the person or persons authorized and empowered by the city to administer and
enforce the requirements of this chapter.
Zoning District shall mean the same as "District".
Zoning District, Change of shall mean the legislative act of removing one (1) or more parcels of land from
one (1) zoning district and placing them in another zoning district on the Official Zoning Map.
Amended by Ordinance No. ,effective
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Atea
ORDINANCE NO. 9208 (Cont.)
SECTION 2. Section 36-8 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 in pamphlet form within 15 days according to law.
Enacted: March 24, 2009.
Marga et Horna y, Mayor
Attest:
RaNae Edwards, City Clerk
-24-