03/24/2009 Ordinances 9209Ordinance No. 9209 was pulled from the March 24, 2009 City Council meeting at
the request of the Regional Planning Director.
ORDINANCE NO. 9209
An ordinance to amend Chapter 36 of the Grand Island City Code specifically, to
amend Sections 36-68, 36-69, and 36-73 to add Recreational Vehicle Pads as a permitted use; 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. Sections 36-68, 36-69 and 36-73 of the Grand Island City Code are
hereby amended to read as follows:
§36-68. (B-2) General Business Zone
Intent: The intent of this zoning district is to provide for the service, retail and wholesale
needs of the general community. This zoning district will contain uses that have users and traffic
from all areas of the community and trade areas, and therefore will have close proximity to the
major traffic corridors of the City. Residential uses are permitted at the density of the (R-4) High
Density Residential Zoning District.
(A) Permitted Principal Uses: The following principal uses are permitted in the (B-2) General
Business Zoning District.
(1) Stores and shops that conduct retail business, provided, all activities and display goods
are carried on within an enclosed building except that green plants and shrubs may be
displayed in the open, as per the Zoning Matrix [Attachment A hereto]
(2) Office and office buildings for professional and personal service as found in the Zoning
Matrix [Attachment A hereto]
(3) Agencies as found in the Zoning Matrix [Attachment A hereto]
(4) Dwelling units
(5) Board and lodging houses, fraternity and sorority houses
(6) Truck, bush and tree farming, provided, there is no display or sale at retail of such
products on the premises
(7) Public parks and recreational areas
(8) Country clubs
(9) Public, parochial and private schools having a curriculum equivalent to an elementary or
higher educational level
(10) Colleges offering courses of general instruction, including convents, monasteries,
dormitories, and other related living structures when located on the same site as the college
(11) Churches, synagogues, chapels, and similar places of religious worship and instruction
of a quiet nature
(12) Utility substations necessary to the functioning of the utility, but not including general
business offices, maintenance facilities and other general system facilities, when located
according to the yard space rules set forth in this section for dwellings and having a
Approved as to Form u._~.~=>
March 23, 2009 a City Attorney
ORDINANCE NO. 9209 (Cont.)
landscaped or masonry barrier on all sides. Buildings shall be of such exterior design as to
harmonize with nearby properties
(13) Public and quasi-public buildings for cultural use
(14) Railway right-of--way but not including railway yards or facilities
(15) Nonprofit community buildings and social welfare establishments
(16) Hospitals, nursing homes, convalescent or rest homes
(17) Radio and television stations (no antennae), private clubs and meeting halls
(18) Vocational or trade schools, business colleges, art and music schools and conservatories,
and other similar use
(19) Preschools, nursery schools, day care centers, children's homes, and similar facilities
(20) Group Care Home with less than eight (8) individuals
(21) Elderly Home, Assisted Living
(22) Stores and shops for the conduct of wholesale business, including sale of used
merchandise
(23) Outdoor sales and rental lots for new and used automobiles, boats, motor vehicles,
trailers, manufactured homes, farm and construction machinery, etc.
(24) Specific uses such as: archery range, billboards, drive-in theater, golf driving range,
storage yard (no junk, salvage or wrecking)
(25) Manufacture, fabrication or assembly uses incidental to wholesale or retail sales wherein
not more than 20% of the floor area is used
(26) Parking Lots
(27) Other uses as indicated in the Zoning Matrix [Attachment A hereto]
(B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and
are subject to other conditions relating to the placement of said use on a specific tract of ground
in the (B-2) General Business Zoning District as approved by City Council.
(1) Recycling business
(2) Towers
(3) Other uses as indicated in the Zoning Matrix [Attachment A hereto]
(C) Permitted Accessory Uses:
(1) Building and uses accessory to the permitted principal use.
~2) Recreational Vehicle Pads accessory to HoteUMotel Uses with the following restrictions:
a) Number of pads shall not exceed 10% of the number of sleeping rooms available at the
hoteUmotel to a maximum of 15 pads
b) The hoteUmotel shall continue to provide all required parking spaces,
c) Water service shall not be provided at the pad
d) Sewer service shall not be provided at the pad. A publicly accessible dump station
must be available at the hoteUmotel or within 'h mile of the hoteUmotel.
e) Pads shall not be located in any required setback
fl All RV pads shall be provided with a landscape buffer yard or street yard as identified
in the landscaping section of this code.
g) Pads shall not be accessible from any public way.
(D) Space Limitations:
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ORDINANCE NO. 9209 (Cont.)
Uses Minimum Setbacks
A B C D E
Minimum Minimum Front Rear Side Street Maximum Maximum
Parcel Lot Width Yard Yard Yard Side Ground Building
Area (feet) (feet) (feet) (feet) (feet) Yard Coverage Neight (feet)
(feet)
Permitted Uses 3,000 30 10 0~ 0~ 10 100% 55
Conditional 3,000 30 10 0~ OZ 10 100% 55
Uses
` No rear yard setback is required if bounded by an alley, otherwise a setback of 10 feet is
required.
2 No side yard setback is required, but if provided, not less than five feet, or unless adjacent to a
parcel whose zone requires a side yard setback, then five feet. When adjacent to a public alley,
the setback is optional and may range from 0 feet to 5 feet.
(E) Miscellaneous Provisions:
(1) Supplementary regulations shall be complied with as defined herein
(2) Only one principal building shall be permitted on one zoning lot except as otherwise
provided herein.
Amended by Ordinance No. ,effective
§36-69. (AC) Arterial Commercial Overlay Zone
Intent: The intent of this zoning district is to provide an overlay of the (B-2) General
Business Zoning District in order to require increased front setbacks, landscaping, and the
limitation of some uses within areas along entrance corridors of the city. As the name implies,
the overlay will be most commonly used along an arterial street corridor.
(A) Permitted Principal Uses: The following principal uses are permitted in the (AC) Arterial
Commercial Overlay District
(1) Agencies as found in the Zoning Matrix [Attachment A hereto]
(2) Boarding and lodging houses, fraternity and sorority houses
(3) Churches, synagogues, chapels, and similar places of religious worship and instruction of
a quiet nature
(4) Colleges offering courses of general instruction, including convents, monasteries,
dormitories, and other related living structures when located on the same site as the college
(5) Country clubs
(6) Dwelling units
(7) Elderly Home, Assisted Living
(8) Group Care Home with less than eight (8) individuals
(9) Hospitals, nursing homes, convalescent or rest homes
(10) Manufacture, fabrication or assembly uses incidental to wholesale or retail sales wherein
not more than 20% of the floor area is so used
(11) Nonprofit community buildings and social welfare establishments
(12) Office and office buildings for professional and personal service as found in the Zoning
Matrix [Attachment A hereto]
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ORDINANCE NO. 9209 (Cont.)
(13) Outdoor sales and rental lots for new or used automobiles, boats, motor vehicles,
trailers, manufactured homes, farm and construction machinery, etc.
(14) Preschools, nursery schools, day care centers, children's homes, and similar facilities
(15) Public parks and recreational areas
(16) Public, parochial and private schools having a curriculum equivalent to an elementary or
higher educational level
(17) Public and quasi-public buildings for cultural use
(18) Radio and television stations (no antennae), private clubs and meeting halls
(19) Railway right-of--way but not including railway yards or facilities
(20) Specific uses such as: archery range, drive-in theatre, golf driving range
(21) Stores and shops that conduct retail business, provided, all activities and display goods
are carried on within an enclosed building except that green plants and shrubs may be
displayed in the open, as per the Zoning Matrix (Attachment A hereto)
(22) Stores and shops for the conduct of wholesale business, including sale of used
merchandise.
(23) Truck, bush and tree farming, provided, there is no display or sale at retail of such
products on the premises
(24) Utility substations necessary to the functioning of the utility, but not including general
business offices, maintenance facilities and other general system facilities, when located
according to the yard space rules set forth in this section for dwellings and having a
landscaped or masonry barrier on all sides. Buildings shall be of such exterior design as to
harmonize with nearby properties
(25) Vocational or trade schools, business colleges, art and music schools and conservatories,
and other similar uses
(26) Other uses as indicated in the Zoning Matrix [Attachment A hereto]
(B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and
are subject to other conditions relating to the placement of said use on a specific tract of ground
in the (AC) Arterial Commercial Overlay District as approved by City Council.
(1) Towers
(2) Campgrounds including those serving recreational vehicles subject to following
conditions:
a) Developer shall submit a diagram ofthe proposed camp ground including a plot plan
of the pads, landscaping plan, utility plan and interior street plan with the application
for a conditional use permit
b) A minimum of one toilet and one lavatory for each sex shall be provided for the
exclusive use of the park occupants. An additional toilet and lavatory for each sex shall
be provided for each fifteen (15) sites or fraction thereof.
c) All RV pads shall be provided with a landscape buffer yard or street yard as
identified in the landscaping section of this code.
d) Pads shall not be accessible from any public way.
A)
(C) Permitted Accessory Uses:
(1) Buildings and uses accessory to the permitted principal uses
(2) Automotive body repair may be accessory to new or used automotive sales or rental,
provided, no outside storage of parts shall be permitted.
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ORDINANCE NO. 9209 (Cont.)
(3) Recreational Vehicle Pads accessory to HoteUMotel Uses with the following restrictions:
a) Number of pads shall not exceed 10% of the number of sleeping rooms available at the
hoteUmotel to a maximum of 15 pads
b) The hoteUmotel shall continue to provide all required parking spaces,
c) Water service shall not be provided at the pad
d) Sewer service shall not be provided at the pad. A publicly accessible dump station
must be available at the hoteUmotel or within 'h mile of the hoteUmotel.
e) Pads shall not be located in any required setback
fl All RV pads shall be provided with a landscape buffer yard or street yard as identified
in the landscaping section of this code.
g) Pads shall not be accessible from any public way.
(D) Space Limitations:
Uses Minimum Setbacks
A B C D E
Minimum Minimum Front Rear Side Street Maximum Maximum
Parcel Lot Width Yard Yard Yard Side Ground Building
Area (feet) (feet) (feet) (feet) (feet) Yard Coverage Neight (feet)
(feet)
Pernutted Uses 5,000 50 20 0~ OZ 10 80% 55
Conditional 5,000 50 20 0~ Oz 10 80% 55
Uses
1 No rear yard setback is required if bounded by an alley, otherwise a setback of 10 feet is required.
2 No side yard setback is required, but if provided, not less than 5 feet, or unless adjacent to a parcel whose zone requires a side
yard setback, then 5 feet.
(E) Procedure:
(1) An application for an amendment to the arterial commercial zone on the Official Zoning
Map shall follow all procedural requirements as set forth in this Section.
(F) Miscellaneous Provisions:
(1) Supplementary regulations shall be complied with as defined herein.
(2) Only one principal building shall be permitted on any one zoning lot except as otherwise
provided herein.
(3) Landscaping shall be provided and maintained within the 20 foot front yard setback.
Landscaping shall mean lawn areas and may also include trees, shrubs, and flowers. Crushed
or lava rock, gravel, bark chips, etc. shall not substitute for lawn area.
(4) All improvements and uses shall be designed to direct primary vehicular and pedestrian
traffic to arterial street access and reduce such traffic on adjacent non-arterial streets and
alleys.
Amended by Ordinance No. ,effective
§36-73. (M-2) Heavy Manufacturing Zone
Intent: The intent of this zoning district is to provide for the greatest amount of
manufacturing, warehousing, wholesaling and business uses. Conditional use permits are
required for those uses with more significant health and safety concerns.
(A) Permitted Principal Uses:
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ORDINANCE NO. 9209 (Cont.)
(1) Administrative, executive, professional, research and similar office use having limited
contact with the public
(2) Agencies as found in the Zoning Matrix [Attachment A hereto]
(3) Agriculture, including the raising of field crops, tree and bush crops, animals and fowl,
but not including feed lots, poultry farms, and fur farms
(4) Concrete or cement products manufacturing and batching plant
(5) Contractors storage yard or plant
(6) Gravel, sand or dirt removal, stockpiling, processing or distribution, and batching plant
(7) Manufacture, processing, assembly, fabrication and/or storage ofnon-hazardous products
and materials
(8) Mortuaries, funeral homes, and funeral chapels
(9) Office and office buildings for professional and personal services as found in the Zoning
Matrix [Attachment A hereto]
(10) Outdoor sales and rental lots for new or used automobiles, boats, motor vehicles,
trailers, manufactured homes, farm and construction machinery
(11) Radio and television stations, private clubs and meeting halls
(12) Railway right-of--way, including yards and facilities
(13) Stores and shops that conduct retail business, provided, all activities and display goods
are carried on within an enclosed building except that green plants and shrubs may be
displayed in the open, as per the Zoning Matrix [Attachment A hereto]
(14) Stores and shops for the conduct of wholesale business, including sale of used
merchandise
(15) Truck, bush and tree farming, provided, there is no display or sale at retail of such
products on the premises
(16) Truck terminal, tractor, trailer, or truck storage, including maintenance facilities
(17) Utility substations necessary to the functioning of the utility, but not including general
business offices, maintenance facilities and other general system facilities, when located
according to the yard space rules set forth in this section for dwellings and having a
landscaped or masonry barrier on all sides. Buildings shall be of such exterior design as to
harmonize with nearby properties
(18) Vocational or trade schools, business colleges, art and music schools and conservatories,
and other similar uses
(19) Other uses found in the Zoning Matrix [Attachment A hereto]
(B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and
are subject to other conditions relating to the placement of said use on a specific tract of ground
in the (M-2) Heavy Manufacturing Zoning District as approved by City Council.
(1) Automobile wrecking yard
(2) Acid or acid by-products manufacture
(3) Ammonia bleaching powder, chlorine, perozylin or celluloid manufacture
(4) Explosives manufacture or storage
(5) Garbage, refuse, offal or dead animal reduction or disposal area
(6) Glue manufacture, fat rendering, distillation of bones or by-products
(7) Meat packing plants, including poultry and animal slaughterhouses and abattoirs
(8) Milling or smelting of ores
(9) Petroleum refining
(10) Motels and hotels
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ORDINANCE NO. 9209 (Cont.)
(ll) Petroleum refining
(12) Stock or feed yards
(13) Salvage yard
(14) Tanning, curing, or storage of hides or skins
(15) Towers
(C) Permitted Accessory Uses:
(1) Buildings and uses accessory to the permitted principal uses
(2) Recreational Vehicle Pads accessory to HoteUMotel Uses with the following restrictions
a) Number of pads shall not exceed 10% of the number of sleeping rooms available at the
hoteUmotel to a maximum of 15 pads
b) The hoteUmotel shall continue to provide all required parking spaces,
c) Water service shall not be provided at the pad
d) Sewer service shall not be provided at the pad. A publicly accessible dump station
must be available at the hoteUmotel or within %2 mile of the hoteUmotel.
e) Pads shall not be located in any required setback
fl All RV pads shall be provided with a landscape buffer yard or street yard as identified
in the landscaping section of this code.
g) Pads shall not be accessible from any public way.
(D) Specifically Excluded Uses:
(1) Any residential use
(2) Manufactured homes, and manufactured home parks
(3) Churches, schools, institutions and other public and semi-public uses except for trade and
vocational schools
(E) Space Limitations:
Uses Minimum Setbacks
A B C D E
Minimum Minimum Front Rear Side Street Maximum Maximum
Parcel Lot Width Yard Yard Yard Side Ground Building
Area (feet) (feet) (feet) (feet) (feet) Yard Coverage Height (feet)
(feet)
Permitted Uses 6,000 50 10 0' OZ 10 65% -
Conditional 6,000 50 10 0' OZ 10 65% -
Uses
' None when bounded by an alley, otherwise 10 feet
2 No required Side Yard Setback, but if provided, not less than 5 feet or unless adjacent to a parcel whose zone requires a side
yard setback, then 5 feet. When adjacent to a public alley, the setback is optional and may range from 0 feet to 5 feet.
(F) Miscellaneous Provisions:
(1) Supplementary regulations shall be complied with as defined herein
(2) Only one principal building shall be permitted on one zoning lot except as otherwise
provided herein.
Amended by Ordinance No. ,effective
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ORDINANCE NO. 9209 (Cont.)
SECTION 2. Sections 36-68, 36-69 and 36-73 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.
Margaret Hornady, Mayor
Attest:
RaNae Edwards, City Clerk
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