04/14/2015 Ordinances 9534 ORDINANCE NO. 9534
An ordinance to amend Chapter 36 of the Grand Island City Code specifically, to
add Section 36-8 (F) Changing the Definition of Family, Section 36-8 (G) Adding Definitions
for Group Home and Guest Building and Deleting Guest Room, Section 36-43 Zoning Districts
specifying within the text a 2 mile extraterritorial zoning jurisdiction and readoption of
Appendix A the Zoning Matrix with changes as approved by the Planning Commission and City
Council and to repeal any ordinance or parts of ordinances in conflict herewith; and to provide
for publication and the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Section 36-08 (F) of the Grand Island City Code is hereby amended
to read as follows:
(F)
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,
adoption,guardianship or duly authorized custodial relationship living together in a single dwelling,or no more than
5 unrelated persons living together in a single dwelling
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.
Approved as to Form ° 4{i
April 13,2015 a City"'orney
ORDINANCE NO. 9534 (Cont.)
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.
SECTION 2. Section 36-08 (G) of the Grand Island City Code is hereby
amended to read as follows:
(G)
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.
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.
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ORDINANCE NO. 9534 (Cont.)
Group Home shall include both Group Care Home and Group Home for the Disabled. Group homes shall
be classified by size as follows:
Group Home(Small)shall mean a home designed to accommodate no more than 5 persons and shall be
allowed in all zoning districts that permit dwelling units in the same manner as other dwelling units. These homes
shall be built to no less than an R3 residential standard as defined by the International Building Code.
Group Home(Medium)shall mean a facility designed to house between 6 and 16 persons and shall require
a conditional use permit in the LLR,R1,R2,R3 and R4 Districts and permitted in the RO,B1,B2,B3 and M3
zoning districts. These facilities shall be built to no less than an R4 residential standard as defined by the
International Building Code.
Group Home(Large)shall mean a facility designed to house more than 16 persons and shall be permitted
in the RO,B1,B2,B3,and M3 zoning districts. These facilities shall be built to an Institutional standard as defined
by the International Building Code.
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 Building shall mean an accessory building which is designed to be occupied by one (1) or more guest
for sleeping purposes,having no kitchen facilities,not including dormitories.
SECTION 3. Section 36-43 Zoning Districts of the Grand Island City Code is hereby
amended to read as follows:
36-43. Zoning Districts
In order to regulate and restrict the height, location, size and type of buildings, structures
and uses allowed on land in the City and the area within two miles of the corporate boundaries,
the City is hereby divided into zoning districts.
SECTION 4. Appendix A "Zoning Matrix" of the Grand Island City Code is
hereby amended to read as attached:
SECTION 5. Sections 36-8 (F), 36-8 (G), 36-43 and Appendix A as existing
prior to this amendment, and any ordinances or parts of ordinances in conflict herewith, are
repealed.
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ORDINANCE NO. 9534 (Cont.)
SECTION 3. The validity of any section, subsection, sentence, clause, or phrase
of this ordinance shall not affect the validity or enforceability of any other section, subsection,
sentence, clause, or phrase thereof.
SECTION 4. That this ordinance shall be in force and take effect May 1, 2015.
Enacted: April 14, 2015.
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Attest:
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RaNae Edwards, City Clerk ��0+'+ii,
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