10/27/2020 Ordinances 9797ORDINANCE NO. 9797
An ordinance to amend Chapter 36 of the Grand Island City Code specifically, to
amend Landscaping Requirements Sections 36-08 (S), 36-22, and 36-96; 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 36-08 (S), 36-22, and 36-96 of the Grand Island City Code
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is hereby amended to read as follows:
§36-08. Definitions (S)
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, Dav shall mean a preschool or nursery school for children.
School, Dav, 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 Clearin� 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 Facilitv 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 heary
maintenance and repair such as engine overhauls, painting, and body repair.
Setback Line, Front Yard shall mean the line which deimes 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.
Approved as to Form tt
October 26, 2020 tt ity Attorney
ORDINANCE NO. 9797 (Cont.)
Shonping 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 defmition includes all forms of centers, such as
strip style, enclosed mall style, and village clustered style centers.
Shrub shall mean a multi-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.
Sisht 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 a boot-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.
Slud�e 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.
Speci�ed 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.
Speci�ed 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 Svstem 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.
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.
ORDINANCE NO. 9797 (Cont.)
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 Management shall mean the collecting, conveyance, channeling, holding, retaining,
detaining, infiltrating, diverting, treating, or filtering of surface water, or groundwater, and/ar 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.
Storv, One-Half shall mean the same as "Half-Story".
Street shall mean a public thoroughfare or right-of-way dedicated, deeded, ar condemned for use as such,
other than an alley, which affords the principal means of access to abutting properly including avenue, place,
way, drive, lane, boulevard, highway, road and any other thoroughfare except as excluded in this chapter.
Arterial Street 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.
Collector Street 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.
Curvilinear Street shall mean local streets that deviate from straight alignment and change
direction without sharp corners or bends.
Frontage Street shall mean a street parallel and adjacent to a major street, majar inter-regional
highway, or major collection road and primarily for service to the abutting properties, and being
separated from the major street by a divid'mg strip.
Local Street shall mean a street designed for local traffic that provides direct access to abutting
residential, commercial, or industrial properties.
Looped Street shall mean a continuous local street without intersecting streets and having its
two (2) outlets connected to the same street.
Maior Street 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:
Private Street 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."
Side Street 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 far which a lot, tract or parcel line of a zone lot adjoins and is parallel
to a public or approved private street, from one lot line intersecting said street to the furthest distant lot line
intersecting the same street. Additionally each lot, tract ar parcel shall provide access to said street that will
allow and provide access to the lot, tract or parcel for municipal services (eg. Fire, Emergency Medical Services
and Utilities) and land-based vehicular ingress/egress. (Suggested minimum of 20 feet).
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 ar 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.
ORDINANCE NO. 9797 (Cont.)
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.
Subdivision shall mean the division of a lot, tract, or parcel of land into two (2) ar more lots, sites, or
other divisions of land for the purpose, whether immediate or future, 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.
§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.
(C) Front Yard: There shall be a front yard setback as required herein, provided, that where fifty percent or
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 interiar 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.
§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 accessaries; 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.
(B) Avnlication. 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 ar
loading facility and space hereafter constructed, upon proper application and permit being granted shall be sited
and constructed pwsuant to the requirements of this section. No application for a building permit far 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 accardance 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 Beginning at the intersection of Sycamore Street and First Street; thence
westerly on First Street to Pine Street; thence southerly on Pine Street to the southerly boundary of
Courthouse Addition; thence westerly along the southerly boundary of Courthouse Addition to Locust
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ORDINANCE NO. 9797 (Cont.)
Street; thence westerly on Division Street to Walnut Street; thence northerly on Walnut Street to the alley
between Division Street and First Street; thence westerly on said alley to Cedar Street; thence northerly on
Cedar Street to the alley between Second Street and Third Street; thence westerly on said alley to Elm
Street; thence northerly on Elm Street to a point 40 feet north of the southerly right-of-way line of the
Union Pacific Railroad; thence easterly parallel to and 40 feet from said right-of-way line to Walnut Street;
thence northerly on Walnut Street to a point 100 feet north of the northerly right-of-way line of South Front
Street; thence easterly parallel to and 100 feet from said right-of-way line to Kimball Avenue extended;
thence southerly on Kimball Avenue extended and Kimball Avenue to the alley between Third Street and
Second Street; thence southerly on Sycamore Street to the point of beginning.
(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 Sycamore
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 Com utation: 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 ar 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 ar 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 or carports.
(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) Em�lovee Parkine: 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) Design 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, ar 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 or 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 particular uses to assure the use of the parking facilities only by the employees ar 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.
ORDINANCE NO. 9797 (Cont.)
(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 or 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: For 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) Penaltv far 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 build'mg 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 for 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 36-08 (S), 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: October 27, 2020
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Roger . Steele, Mayor
Attest:
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RaNae Edwards, City Clerk
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