05/22/2018 Ordinances 9689ORDINANCE NO. 9689
An ordinance to amend Chapter 36 of the Grand Island City Code specifically, to
amend Section 36-22 Yard Requirements and Section 36-96 Off-Street Parking Requirements; 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 36-22 of the Grand Island City Code is hereby amended to
read as follows:
§36-22. Yard Requirements
(A) Yard requirements shall be set forth under the Schedule of Lot, Yard, and Bulk Requirements for each zoning
district. Front, side and rear yards shall be provided in accordance with the regulations hereinafter indicated and shall be
unobstructed from the ground level to the sky, except as herein permitted.
(B) All accessory buildings that are attached to principal buildings (e.g., attached garages) shall comply with the
yard requirements of the principal building, as- otherwise specified_Residential Garages with overhead doors
facing the street shall provide a 25 foot setback between the garage door and the property line.
(C) Front Yard: There shall be a front yard setback as required herein, provided, that where fifty percent ar more of
the frontage on one street in any block is built up with buildings, no new building setback shall be less than either the
required setback or the setback of any existing building which next exceeds the required setback, whichever is greater.
This regulation shall not require a setback of more than 50 feet, and in blocks where the lots have a street frontage of 100
feet or more the regulation shall not require a setback of mare than 30 feet.
(D) Side Yard: Any interior side yard may be reduced to zero; provided, that the opposite side yard meets the
required interior side yard setback. Where the zero side yard setback is used, the abutting property must be held under
the same ownership at the time of initial construction or the owners of the abutting property must be agreeable to the
zero setback. A separation of not less than ten (10) feet shall be provided between adjacent structures on abutting sites
where the zero side yard setback is utilized. This requirement shall not apply in an RD Zone or where the same interior
property line is utilized for zero side yard construction on both properties.
For the purpose of upkeep and repair of structures located on an interior property line, a four (4) foot maintenance
easement shall be recorded between the owner of the property containing said structure and the owner of the property
upon which entry must take place in order to perform maintenance activities. Such easement shall be an irrevocable
covenant and shall run with the land. Proof of said recorded easement shall be submitted to the Building Department
prior to issuance of a building permit.
Amended by Ordinance No. 8947, effective O1-OS-2005
Amended by Ordinance No. 9294, effective 05-31-20ll
§36-96. Off-Street Parking Requirements
(A) Purposes:
(1) It is the intent of this section that all buildings and uses shall provide off-street parking and loading facilities in
a minimum amount as required herein to meet the needs of such buildings and uses on private property and under
the same ownership as such buildings or uses. The accommodations may consist of lots, garages, or other buildings,
and accessories; they may be surface facilities or facilities above or under the ground.
(2) It is the further intent of this section that all off-street parking and loading spaces and facilities shall be sited
and built according to the requirements contained in this section, and shall require an application for and issuance of
a building permit pursuant to §8-22.
Approved as to Form tt
May 21, 2018 tt i ttorney
ORDINANCE NO. 9689 (Cont.)
(B) Application. Each building or use hereafter constructed, and each addition to or altered building or use shall be
provided with off-street parking and loading spaces as required herein. Each off-street parking space or loading facility
and space hereafter constructed, upon proper application and permit being granted shall be sited and constructed
pursuant to the requirements of this section. No application for a building permit for such building, addition, alteration,
or use shall be approved unless accompanied by a plot plan showing the location and amount of off-street parking and
loading spaces as required herein for the existing or proposed building or use and including all such additions or
alterations. No occupancy or use permit shall be issued unless the required parking and loading facilities shall have been
provided in accordance with the approved plot plan. Requirements shall be applicable to all zones and districts but not to
include the following business districts or tracts of land as identified below:
(1) Central Business District as identified and described in Chapter 13 of this code as the Downtown Improvement
and Parking District No. 1.
(2) Fourth Street Business District. Beginning at the intersection of Eddy Street and the alley in the block between
Fourth and Fifth Streets; thence easterly on the alley to the intersection of the alley with Sycamare Street; thence
southerly on Sycamore Street to 100 feet south of the south right-of-way line of North Front Street; thence westerly
on the aforesaid line to its intersection with Eddy Street; thence northerly on Eddy Street to the point of beginning.
(3) Tracts of land ten acres or more used for seasonal events (one event every three months) of not more than
fourteen consecutive days in duration and a minimum of fourteen days between events.
(C) Area and Computation: An off-street parking space shall be of appropriate dimensions of not less than 180 square
feet exclusive of access or maneuvering area, ramps, columns, etc., and shall have a vertical clearance of not less than
seven feet. An off-street loading space shall be of appropriate dimensions of not less than 360 square feet exclusive of
access or maneuvering area, ramps, columns, etc., and shall have a vertical clearance of not less than fourteen feet. When
determination of the number of off-street parking or loading spaces required by this chapter results in a requirement of a
fractional space, any fraction of one-half or less may be disregarded while a fraction in excess of one-half shall be
counted as one parking space.
(D) Location: All off-street parking spaces shall be on the same lot as the building or within 300 feet of the lot.
Permanent off-street parking spaces shall not be permitted within the required front yard setback, provided, however,
that for a building containing three dwelling units or less, one space per unit may be placed within the front yard setback
if such space is not directly in front of the building excluding garages ar carports. Residential Garages with
overhead doors facing the street shall provide a 25 foot setback between the garage door and the
property line.
Parking facilities located separate from the building or use as listed shall have a substantial portion of same within a
specified distance of the building or use which it serves. All off-street loading spaces shall be on the same lot as the
building or use served.
(E) Collective Facilities: Off-street parking facilities for separate or mixed buildings or uses may be provided
collectively so long as the total number of spaces is not less than the sum of the separate required spaces, and provided
further, that the requirement concerning location of such facility with respect to distance from the building or use served
shall be complied with. In order to eliminate a multiplicity of entrances and exits and diminish traffic hazards to conserve
space where space is at a premium and to promote orderly development generally, the city council is hereby authorized
to plan and group parking facilities collectively for a number of businesses in a given area, and especially in the central
business district, in such a manner as to obtain a maximum of efficiency and capacity in parking and traffic movement.
(F) Employee Parking: Parking spaces required on an employee basis shall be based on the maximum number of
employees on duty on the premises at any one time.
(G) Desi�n Standards. All off-street parking and loading facilities shall be designed with appropriate means of
vehicular access to a street or alley and contain adequate and safe maneuvering areas. Detailed plans shall be submitted
to the public works director for approval of all curb cuts or driveway openings before a permit may be obtained therefor.
No signs shall be displayed except such signs as required for the orderly use of the facilities. All facilities shall be
provided with a permanent type, dust-free surface meaning asphaltic cement concrete, Portland cement concrete, or
paving brick.
All parking lots containing five or more parking spaces, which are within 30 feet of property occupied by a residential
use in a Large Lot Residential Zoning District or of property within a Suburban Residential Zoning District, Low
Density Residential Zoning District, Medium Density Residential Zoning District, High Density Residential Zoning
District or Residential Development Zoning District, shall provide a sight-obscuring fence or screen not less than six feet
nor more than eight feet in height along the boundary of the parking lot adjacent to such districts. No fence or screen
shall be required between abutting parking lots ar adjacent to an alley. The height of any fence or screen shall be subject
to other restrictions provided by the City Code.
(H) Maintenance: The parking and loading facilities required by this section shall be provided and maintained so long
as the use exists which the facilities are designed to serve. Reasonable precautions must be taken by the owners of
ORDINANCE NO. 9689 (Cont.)
particular uses to assure the use of the parking facilities only by the employees or the social or business visitors of the
premises for which the facilities are provided. The facilities must be so designed and maintained as not to constitute a
nuisance at any time and must not be used in such a manner as to constitute a hazard or unreasonable impediment to
traffic.
(I) Reduction of Number of Spaces: Off-street parking or loading facilities shall not be reduced in total extent, after
their provision required hereunder, except upon the approval of the Board of Adjustment, and then only after proof that
the parking ar loading spaces are no longer required by reason of a change in use of the premises of which the facilities
are adjunct.
(J) Requirement for Uses Not Listed: Far any use not listed, the Board of Adjustment shall determine the proper
requirement by classifying the proposed use among the uses specified herein so as to assure equal treatment.
(K) Administration and Enforcement: The off-street parking and loading provisions of this section shall be administered
by the zoning official and enforced by the chief building official, who shall also serve in advisory capacity to the city
council on matters relative to any phase of such provisions.
(L) Penalty for Violation: The provisions of parking and loading facilities as required by this section shall be a
continuing obligation of the owner or sponsor of a given building or use so long as the building or use is in existence and
so long as parking and loading facilities are required hereunder in connection therewith, and it shall be unlawful to
discontinue, change, or dispense with such facilities without establishing alternate facilities that meet the requirements
herein. Penalty provisions applicable to this chapter as a whole shall apply to the violations of these provisions. In
addition, at such time as the facilities required hereunder shall fail to continue to be available far the purpose, the
building permit for the structures to which the facilities are adjunct and the use or occupancy permits issued for the
premises shall be canceled and become null and void.
SECTION 2. Sections 36-22 and 36-96 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: May 22, 2018
n,+o��.
Jeremy Jen en, yor