03/28/2023 Ordinances 9923C� '�� �� �[y�l�C��!S!7►�t3
An ordinance to amend Chapter 36 of the Grand Island City Code specifically, to
amend Sections 36-72 M-1 Light Manufacturing Zone, 36-76 Commercial Development Zone,
and 36-99 Home Occupations; 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 36-72 M-1 Light Manufacturing Zone, 36-76 Commercial
Development Zone, and 36-99 Home Occupations of this ordinance, of Grand Island City Code
are hereby amended to read as follows:
§36-72. (M-1) Light Manufacturing Zone
Intent: The intent of this zoning district is to provide for light fabrication, service, warehousing,
administrative and research uses within a zoning district having generally limited public contact and requiring some
minimal landscaping standards.
(A) Permitted Principal Uses: The following principal uses are permitted in the (M-1) Light Manufacturing Zoning
District.
(1) Administrative, executive, professional, research and similar office use having limited contact with the public
(2) Agriculture, including the raising of field crops, tree and bush crops, animals and fowls, but not including feed
lots, poultry farms, fur farms, and commercial kennels
(3) Buildings and installations for public utilities; facilities shall observe yard space requirements but shall not be
subject to minimum area or width requirements
(4) Railway right-of-way, but not including railway yards or facilities
(5) Radio and television stations, private clubs, and meeting halls
(6) Manufacture, processing, assembly, fabrication or storage of non-hazardous products and materials
(7) Parking Lot
(8) 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-1) Light Manufacturing Zoning
District as approved by City Council.
(1) Gravel, sand, or dirt removal, stockpiling, processing ar distribution, and batching plant
(2) Concrete or cement products manufacturing and batching plant.
(3) Truck terminal, tractor, trailer, or truck storage, including maintenance facilities
(4) Contractor's storage yard or plant
(5) Motels and hotels
(6) Towers
(C) Permitted Accessory Uses:
Approved as to Form tt
March 27, 2023 tt Ci y Attorney
ORDINANCE NO. 9923 (Cont.)
(1) Sales of new merchandise when same is manufactured, processed, assembled, fabricated or stared on the
premises
(2) Buildings and uses accessory to the permitted principal use
(3) A single dwelling unit occupying not more than 50% of the space located within the permitted principal structure
on the property and not to exceed 750 square feet. Building shall conform to all building and life safety codes
necessary for the mix of uses.
(D) Specificallv Excluded Uses:
(1) Residences as a principal 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) S ace Limitations:
Uses Minimum Setbacks
A B C D E
Minimum Minimum Lot Front Rear Side Street Maximum Maximum
Parcel Width (feet) Yard Yard Yard Side Ground Building Height
Area (feet) (feet) (feet) (feet) Yard Coverage (feet)
(feet)
Permitted Uses 20,000 100 35} 20 10 10 50% 50
Conditional 20,000 100 35} 20 10 10 50% 50
Uses
(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. 8947, effective 1-5-2005
Amended by Ordinance No. 9256, effective 4-7-2010
Amended by Ordinance No. 9706, effective 10-2-2018
36-76 (CD) Commercial Development Zone
1. Intent. The intent of this zoning district is to permit a more flexible regulation of land use so as to
more fully implement comprehensive planning for large parcels of land proposed for commercial use.
2. Boundaries. The boundaries of the (CD) Commercial Development Zoning District shall be fixed by
amendment of the Offcial Zoning Map, at such times in the future as such district is applied to
properties within the City's zoning jurisdiction.
3. Limitations.
L In a(CD) Commercial Development Zoning District, there shall be provided a minimum size
of 1.5 acres
2. Any proposed development shall be constructed in accordance with an overall plan of
development.
3. Any proposed plan of development shall be designed as a single architectural scheme with
appropriate common landscaping.
4. Adequate parking space shall be provided for all employees', visitors', and users' vehicles,
and such parking, loading or service areas that shall be used for motor vehicles shall be
located within the boundary lines of the (CD) Commercial Development Zoning District and
shall be physically separated from any public street, right-of-way or property line by a buffer
strip of not less than 30 feet along the exterior of the (CD) Commercial Development Zone.
2
ORDINANCE NO. 9923 (Cont.)
The buffer strip is not required if such public street, right-of-way or property line is also
adjacent to other properties zoned either (CD) Commercial Development Zone or (RD)
Residential Development Zone. Setbacks from property lines will be review with the
development plan and plat.
5. No building or other permanent structure, nor parking lot, shall be located within 30 feet of
any public street, right-of-way, ar property line along the exterior of the (CD) Commercial
Development Zone. Trees shrubs, and other plantings may be included in the buffer strip. The
number of trees and shrubs shall not be regulated by the landscaping section of this code. The
buffer strip is not required if such public street, right-of-way or property line is also adjacent
to other properties zoned either (CD) Commercial Development Zone or (RD) Residential
Development Zone. Landscaping plans will be reviewed with the development plan and plat.
Setbacks from property lines will be reviewed with the development plan and plat.
The maximum ground coverage shall not exceed 50% of each site within the (CD)
Commercial Development Zoning District.
7. The minimum off-street parking requirement shall be provided as defined in this chapter of
the city code.
4. Ownership. A(CD) Commercial Development Zoning District shall require a tract of land which is
developed as a unit under single ownership or control, or which is under single designated control by
a common ownership at the time it is certified as a(CD) Commercial Development Zone.
5. Permitted Uses.
1. Public and quasi-public buildings for cultural use
2. Nonprofit community buildings and social welfare establishments
3. Radio and television stations (no antennae), and meeting halls
4. Offices and office buildings
5. Stores and shops for the conduct of retail business, provided, all activities and displays of
goods are carried on within an enclosed building except that green plants and shrubs may be
displayed in the open.
6. Retail uses as found in the Zoning Matrix [Attachment A hereto]
7. Agencies as found in the Zoning Matrix [Attachment A hereto]
8. Shops as found in the Zoning Matrix [Attachment A hereto]
9. Motel and hotel uses.
10. Residential uses with the largest percentage at least 75% above the ground level.
11. Other uses as found in the Zoning Matrix [Attachment A hereto]
6. 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
(CD) Commercial Development Zoning District as approved by City Council.
ORDINANCE NO. 9923 (Cont.)
1. Towers
7. Permitted Accessory Uses.
1. Buildings and uses accessory to the permitted principal use.
8. Procedure.
1. An application to amend the Official Zoning Map to establish a CD-Commercial
Development Zone shall be initiated in the manner prescribed in Article X of this chapter.
2. Said application shall be filed with the city clerk in such form as shall be required by the city
council, and shall be accompanied by the following information:
Site plan showing preliminary location and dimensions of all building areas,
recreation, green or landscaped areas, parking and loading facilities, walkways or
malls, screen walls, or plantings, waste disposal areas, illumination facilities, signs,
curb cuts, utilities and service, private or dedicated drives or streets, etc.
2. Preliminary drawings or renderings in sufficient detail so that the character of the
development may be so determined.
3. Evidence as to the methods of retaining, maintaining, and protecting the open space,
green areas, recreational facilities, etc.
4. Development schedule as to construction phases of buildings, open space,
recreational areas, parking facilities, etc., and estimated completion time.
5. Evidence of ownership ar control of the entire parcel to be used as a planned unit
development by a single person, association, firm, etc., as defined herein.
6. Evidence of economic feasibility: a copy of such application and supplementary
information shall then be forwarded by the city clerk to the Planning Commission for
review, hearing, and recommendation.
3. In reviewing the application for amendment, the Planning Commission shall determine the
following factors:
1. That the proposed development will be in the public interest, in harmony with the
purpose of this chapter and with comprehensive development plans for the City and
will not adversely affect nearby property.
2. That adequate, safe, and convenient pedestrian and vehicular trafficways and
facilities are provided.
That the development to be permitted shall be for the purpose of developing an
integrated site plan in conformity with the regulations for a CD-Commercial
Development Zone.
4. The Planning Commission shall hold a public hearing on the proposed amendment and shall
transmit its recommendation to the city council; a copy of the recommendation shall be sent
to the applicant and one copy shall be retained in the permanent files of the Planning
Commission.
4
ORDINANCE NO. 9923 (Cont.)
5. Procedure and action by the city council shall be the same as considering an amendment to a
(CD) Commercial Development Zoning District as in Article X of this chapter.
9. Miscellaneous Provisions.
l. It is intended that plans required for review and approval must be in a form that will satisfy
the requirements of the subdivision regulations for both the preliminary and final plat and that
approval for plans and plats be considered simultaneously.
2. The approved and filed final plan and plat shall be the basis for issuance of a building permit
in conformity therewith; the initial building permit shall include as a minimum 50% of the
main building or structure; free-standing subordinate buildings shall not be included in the
initial permit and shall not receive a permit until the initial permit phase is over 50%
constructed; plan changes which increase the number of buildings, increase building height or
bulk, or change the location of buildings or other features which materially affect the basic
design of the development shall require resubmission of the amendment. Minar adjustments
in orientation, height or bulk of buildings, or decrease in number of buildings shall be
approved by the Planning Director.
Should any successful applicant for an amendment hereunder fail to have completed the
construction of the footings and foundations for the initial building permit within eighteen
(18) months after the city council shall approve a rezoning to a(CD) Commercial
Development Zoning District, the area in its entirety shall be reverted to its former zoning
classification by appropriate action of the city council, provided, that the city council shall
have the power to extend said period by six (6) months in the event of special and unique
hardships and circumstances.
4. Control of the development following completion:
The chief building official shall issue a certificate certifying the completion of the
planned development, and shall note the issuance of the certificate on the final
development plan.
After the certificate of completion has been issued, the use of land and the
construction, modification, or alteration of any buildings or structures within the
(CD) Commercial Development Zoning District will be governed by the approved
final development plan exclusively.
3. After the certificate of completion has been issued, no changes may be made in the
approved final development plan except upon application to the appropriate agency
under the procedures provided below:
1. Any minor extensions, alterations, or modifications of existing buildings or
structures shall be authorized by the Planning Director if they are consistent
with the purposes and intent of the final plan; no change authorized by this
subsection may increase the density of any building or structure by more than
ten percent.
2. A building or structure that is totally or substantially destroyed may be
reconstructed only in compliance with the final development plan unless an
amendment to the final development plan is approved under subsection (3)
hereof.
ORDINANCE NO. 9923 (Cont.)
3. All other changes in the final development plan as approved by the city
council must be made by the city council under the procedures authorized
under Article X for amendment of the Official Zoning Map; no changes may
be made in the final development plan unless they are found by the city
council to be required for the continued successful functioning of the
commercial development, or unless they are found by the city council to be
required by changes in conditions that have occurred since the final plan was
improved or by changes in the comprehensive planning and development
policy of the City.
(Amended by Ordinance No. 9871, effective 02-9-2022)
§36-99. Home Occupations
The following are the minimum standards required for a Home Occupation:
(A) There shall be no external or externally visible evidence of the home occupation, business or profession
whatsoever. There shall be no signage or advertising, linking the residential property with the home
occupation.
(B) No more than 25% of the floor area of any one story can be used for the home occupation
(C) There shall be no machinery other than that normally found in a home
(D) There shall be no contact at the premises with customers or clients other than by telephone or mail, except
that music lessons may be given to one pupil at a time, and cultural, art, or dance instruction may be given to
four pupils at one time and children may be dropped off at an In Home Daycare.
(E) No one other than the resident(s) can work from that site except that up to two non-resident employees
may be present on the site for In Home Daycare operations as pertnitted and defined by the State of Nebraska
(F) No retail sales are permitted from the site other than incidental sales related to services provided
(G) No exterior storage (including storage within detached buildings/garage) is permitted
(H) No offensive noise, vibration, smoke, odor, heat or glare shall be noticeable at or beyond the property line
(I) The above listed characteristics of a home occupation shall not be construed to restrict the sale of garden
produce grown on the premises, provided, this exception shall not extend to allow the operation of a
commercial greenhouse or nursery, or the existence of stands or booths for display of said produce
All businesses related to Child Care Homes and Child Care Centers shall be in accordance with Neb. R.R.S.
1943, Sec. §71-1902.
Amended by Ordinance No. 8947, effective 1-5-2005
SECTION 2. Sections 36-72 M-1 Light Manufacturing Zone, 36-76 Commercial
Development Zone, and 36-99 Home Occupations 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.
ORDINANCE NO. 9923 (Cont.)
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 28, 2023
/ � �,.
Rog . Steele, ayor
Attest:
4..¢.. C�Ll,i.1
RaNae Edwards, City Clerk
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