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01/09/2001 Ordinances 8652 I ORDINANCE NO. 8652 An ordinance to amend Chapter 36 of the Grand Island City Code; to repeal Chapter 36 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date ofthis ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Chapter 36 of the Grand Island City Code IS hereby amended to read as follows: CHAPTER 36 ZONING Article I. General Provisions I ~36-1. Purpose The purpose of this chapter is to promote the public health, safety, convenience and welfare of the City of Grand Island and its jurisdictional area by: classifying all property in a manner which wiIl be compatible with and implement the land use plan for the City; providing for a variety of decent and affordable housing types for all income levels; providing a basis for stable economic development and growth; providing an efficient and effective infrastructure of public utilities, safety services and facilities to meet the community needs of the present which are positioned to meet the needs for the future; providing a diverse network of recreational, educational and cultural opportunities; providing for protection from flood hazards; providing for a positive, professional and progressive image of the community which wiIl instiIl a sense of pride among its residents; providing for the efficient, effective, and safe travel needs of the community; and providing for the balanced use of land while building the necessary foundation for continued generations of community success made possible by the implementation of a comprehensively planned use ofIand resources. ~36-2. Interpretation It is not intended that this chapter repeal or in any way interfere with existing laws, ordinances, regulations or permits other than those relating to land use and the construction and use of the structures. When this chapter imposes a greater restriction upon the use of land or buildings, or upon height, bulk or location than is required by other provisions of law or by private covenant or other restrictions, the provisions of this chapter shaIl govern; private covenants or deed restrictions which impose more restrictions than herein contained are not superseded by this chapter. The stated purpose of each zone is to provide a general intent statement for the zone and shaIl not be interpreted as permitting specific uses. Any use not designated as a permitted principal, accessory, or conditional use in a zone is specifically prohibited from that zone. I ~36-3. Jurisdiction The regulations prescribed in this ordinance shaIl apply within the city limits and within two miles - 1 - .. ,/' d1.... Approved as to Form T ~ January 10. 2001 ... City Attorney I ORDINANCE NO. 8652 (Cont.) of the corporate boundary of the City of Grand Island, Nebraska, excepting therefrom the jurisdiction of any community existing prior to the extension of the Grand Island jurisdiction. ~36-4. Concurrent Jurisdiction; Merrick County The City of Grand Island hereby authorizes Merrick County, Nebraska, to exercise concurrent zoning regulation and enforcement within the unincorporated territory of Merrick County included within the zoning jurisdiction of the City of Grand Island. Whenever the regulations prescribed in this chapter require a greater width or size of yards, courts, or other open spaces, or require a lower height of building or less number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required by Merrick County, the provisions of the regulations of this chapter shall govern. Whenever the provisions of the Merrick County zoning ordinance or regulation require a greater width or size of yards, courts, or other open spaces, or require a lower height of building or less number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required by this chapter, the provisions of such Merrick County zoning ordinance or regulation shall govern. The City of Grand Island shall notify the Merrick County Planning Commission in writing of any proposed change in its zoning classification in the area of concurrent jurisdiction at least sixty (60) days prior to implementation of such proposed change. ~36-5. Annexation Any lands coming under the jurisdiction of the City of Grand Island as a result of annexation or addition shall immediately become classified in conformance with the zones noted herein and shall remain so zoned until an amendment to the official zoning map or this chapter shall place such land in a different zone or zones. I Hall County Zone AG-I, AG-2 TA-I, TA-2 RI, R2 HC,LC L1 GI RC AG-SC, AG-SE AG-SI, SRC PUD EQUIVALENT ZONES Merrick County Zone AG-l, AG-2 TA RI C3 I-I 1-2 City of Grand Island Zone AG TA TA B2 MI M2 (or M2-A) TD AG-SC, AG-SE AG-SI, SRC CD-RD ~36-6. Zones Listed In order to carry out the purposes of this chapter, the City and its jurisdiction is hereby divided into the following zoning districts: AG - Agricultural Zone AG-SC - Special Agriculture/Conservation Zone AG-SE - Special Agriculture/Events Zone AG-SI - Special Agriculture/Industrial Zone SRC - Special Recreation/Conservation Zone T A - Transitional Agriculture Zone Rl - Suburban Residential Zone R2 - Low Density Residential Zone R3 - Medium Density Residential Zone R4 - High Density Residential Zone RO - Residential-Office Zone B I - Light Business Zone I - 2 - Approved as to Form ,. (",qar- January 10,2001 '" City Attorney I ORDINANCE NO. 8652 (Cont.) B2 - General Business Zone AC - Arterial Commercial Zone B3 - Heavy Business Zone ME - Industrial Estates Zone M 1 - Light Manufacturing Zone M2 - Heavy Manufacturing Zone -M - Manufactured Home Zone MD - Manufactured Home Zone CD - Commercial Development Zone ID - Industrial Development Zone RD - Residential Development Zone -A - Airport Zone ~36-7. Official Zoning Map The location, size, shape, and boundaries of the zones to which the provisions of the text of this chapter are applicable, shall be indicated as provided hereinafter on the atlas of maps entitled "Official Zoning Map" incorporated by this reference as a part of this chapter, and so certified by the city clerk, and such atlas shall be the Official Zoning Map for the purpose of enforcement of this chapter. Any amendment to the zoning classifications on the official zoning map shall include the legal description of the land involved, including appropriate adjacent public right-of-way on public property and such amendments shall be promptly and permanently noted on the face of the maps in custody of the city clerk. I ~36-8. Boundaries of Zones The following rules shall govern interpreting the boundaries of zones as portrayed on the Official Zoning Map: (1) The boundaries of the zones, except where otherwise referenced, are intended to follow lines of platted lots, centerlines of streets, highways, and alleys, and when lines appear to be not more than ten feet from the line of a platted lot, the boundary shall be interpreted as being coincidental therewith. (2) When boundaries cross unplatted property or platted lots otherwise than set forth above, and their distances are not clearly marked, their location shall be determined by use of the scale of the map and every such line shall be interpreted to fall on the nearest multiple of ten feet. (3) In case of doubt or dispute, the boundary lines shall be determined by the board of adjustment upon receiving an appeal from the ruling of the chief building official. ~36-9. Zoning Lots to be Designated To facilitate the enforcement of this chapter, the device of zoning lots as defined herein shall be used. A "zoning lot" shall be a plot of ground, made up of one or more parcels of land which is or may be occupied by a use, principal building, and accessory building(s), including the open spaces required by this chapter. ~36-10. Applicability to Land and Building No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located. I ~36-11. Applicability to Open Space No open space surrounding any building shall be encroached upon or reduced in any manner, except in conformity with the yard, lot area, and building location regulations herein designated for the zone in which such building or open space is located. No yard, off-street parking space, off-street loading space, or other open space surrounding any building for the purposes of complying with the provisions of this chapter except as otherwise specified herein, shall be considered as providing a yard or open space for - 3 - Approved as to Form ... ~ January 10, 2001 ... City ttorney I ORDINANCE NO. 8652 (Cont.) any other building, and no yard or other open space on one platted lot shall be considered as the required open space on another platted lot unless the other platted lot is in the same ownership and is declared as a single zoning lot in applying for a building permit, and provided, no land so considered has previously been considered as part of a required building site or zoning lot in the application for a building permit for an existing building. The required yard or open space for any use, building or structure, shall be contained in the same zone as required for the principal use, its buildings or accessory buildings. No lot, yard, off-street loading space, off-street parking space, or other open space required for an existing building by the regulations contained herein, shall be hereafter reduced in dimensions or area below the minimum requirements set forth herein for said building or structure, except to provide for the extension, establishment, or widening of a public street or highway. I ~36-12. Definitions Certain words and phrases are defined and certain provisions shall be construed as herein set out unless it shall be apparent from the context that they have a different meaning. All words used in the present tense include the future tense; the word "building" includes the word "structure"; the word "shall" is mandatory; the word "may" is permissive; the word "person" includes a firm, association, corporation, partnership, or natural person; the word "used" includes the words "designed", "arranged", or "intended to be used". Words not defined herein but which are defined in the Building Code of the City of Grand Island are to be construed as defined therein. The following definitions apply: Accessorv BuildinfZ. A subordinate building, on the same lot as the principal building, the use of which is incidental to the principal building and not connected to the principal building in any manner whatsoever. Accessorv Use. A subordinate use of land, which is incidental in area, extent, or purpose to the principal building or to the principal use ofland. Adiacent Land. Any land or portion of land that is contiguous to a parcel or lot, or that would be contiguous if not for a public roadway or alley. Allev. A tract of land, dedicated to public use, which affords a secondary means of the vehicular access to the back or the side of properties otherwise abutting on a street, and which is not generally used as a thoroughfare by both pedestrians and vehicles. Automobile Service Station. Any building or premises used for the dispensing or sale of automobile fuels, lubricating oils or grease, tires, batteries, or automobile accessories. Services offered may include the installation of tires, batteries, and automobile accessories, automobile repairs, and greasing or washing of automobiles. Automobile service stations shall not include premises offering automobile wrecking or automobile body repair. Automobile Wrecking Yard. The dismantling or wrecking of used motor vehicles, wheeled or track laying equipment, or trailers, or the storage, sale, or dumping of dismantled, partially dismantled, obsolete, or wrecked vehicles, or their parts. Basement. The portion of a building between floor and ceiling which is partly below and partly above grade, but so located that the vertical distance from grade to floor below is more than the vertical distance from grade to ceiling. Billboard. An outdoor advertisement sign which directs attention to a business commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the premises where such sign is located or to which it is affixed. Board. The Board of Adjustment. Boarding House (LodfZing House, Fraternity. Sorority). A building, other than a hotel or motel, where lodging and meals are provided for three or more guests for compensation. BuildinfZ. Any structure built for the support, shelter, or enclosure of persons, animals, or chattels, or property of any kind, including a modular home, but not a manufactured home unless such manufactured home meets the definition and standards as specified under the definition of a Dwelling Unit. I - 4 - Approved as to Form T January 10, 2001 ... City Attorney I ORDINANCE NO. 8652 (Cout.) I Building, Height. The vertical distance measured from the curb level to the highest point of a roof surface, if a flat roof, to the deck line of mansard roofs, and to the mean height level between eaves and ridge for gable, hip, and gambrel roofs. Building. Nonconforming. (See "Nonconforming Building or Use") Building, Principal. A nonaccessory building in which is conducted a principal use of the zoning lot on which it is located. Building, Setback. The minimum horizontal distance between the property line and the nearest portion of a building on the property. Club. A voluntary association of persons organized for cultural, recreational, fraternal, civic, charitable or similar purpose, but shall not include an organization of premises the chief activity of which is a service or activity customarily carried on as a business. Conditional Use. A use which is not allowed in a zone as a matter of right but which is permitted upon approval of the city council as provided for in Article VIII of this chapter. Countrv Club. This shall include golf courses, par 3 golf courses, swimming pools, tennis clubs, and neighborhood clubhouses. Sleeping facilities other than quarters for one caretaker or manager and his family shall be prohibited. Clubs operated solely as restaurants, cocktail lounges, card rooms, taverns, bowling alleys, pool and billiard parlors, and similar activities normally carried on as a business shall be excluded from the definition of a country club. Court. A space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three or more sides by walls or a building. Drive-in. May be used as a noun or adjective and shall refer to a business designed to serve patrons while they are within an automobile by means of service windows with the intent that products be consumed in automobiles. This shall not be construed to include places for making deposits from automobiles such as drive-in bank windows, post office dropboxes, or laundry or cleaning drop boxes. Dwelling Unit. One or more habitable rooms that are occupied, or which are intended or designed to be occupied by one family with facilities for living, sleeping, cooking, and eating purposes, including a modular home. It does not include a manufactured home unless such manufactured home is a factory-built manufactured home that bears the seal that it was built in compliance with the National Manufactured Home Construction and Safety Standards, 24 C.F.R. 3280, et. seq., promulgated by the United States Department of Housing and Urban Development (H.U.D.), and meets the following standards: (1) The home shall have no less than nine hundred square feet of floor area; (2) The home shall have no less than an eighteen-foot exterior width; (3) The roof shall be pitched with a minimum vertical rise of two and one-half inches for each twelve inches of horizontal run; (4) The exterior material shall be of a color, material and scale comparable with those existing in residential site-built single family construction; (5) The home shall have a nonreflective roof material which is or simulates asphalt or wood shingles, tile or rock; (6) The home shall have wheels, axles, transporting lights, and removable towing apparatus removed; and (7) The home shall be attached to a permanent foundation system and utility connections. Familv. An individual, or two or more persons related by blood, marriage, or adoption, or a group of not more than five persons who need not be related in any manner, living together in a dwelling unit; provided further, that domestic servants employed on the premises may be housed on the premises without being counted as a family or families. Garaf!e. A building or portion thereof in which a motor vehicle containing gasoline, distillate or other volatile, flammable liquid in its tank, is stored, repaired, or kept. Ground Coverage. The area of a zoning lot occupied by principal and accessory buildings expressed as a percentage of the gross area of the zoning lot. Guest Building. A structure occupying an accessory position on a lot, which contains no cooking facilities, and is used exclusively for housing members of a single family or their nonpaying guests. I - 5 - Approved as to Form T January 10, 2001 '" City Attorney I ORDINANCE NO. 8652 (Cont.) I Home Occuvations. Customary. A business, occupation, or profession carried on within a residential dwelling by the resident thereof, and which shall have the following characteristics: (a) there shall be no external or externally visible evidence of the occupation, business or profession whatsoever; (b) there shall be no emission of smoke, dust, odor, fumes, glare, noise, vibration, electrical or electronic disturbance detectable at the zoning lot line; (c) the activity shall employ only members of the immediate family of the resident of the dwelling; (d) there shall be no machinery other than that normally found in a home; (e) 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; (f) said occupation may include the caring of children for hire, provided: (1) the total number of children in the home at one time shall not exceed eight children of mixed ages (infant, preschool, and/or school age), including the caregiver's own children under eight years of age. No more than two children may be under the age of 18 months. The caregiver may overlap two (2) more school age children beyond the eight (8) for specified periods during the day if the total time does not exceed four (4) hours. The caregiver may continue overlapping care during school breaks and holidays. (2) the premises must be suitable and meet all applicable codes for day care facilities. (3) the facility must have all licenses, permits, and registrations required by law. (g) there shall be no signs, radio, television, newspaper, handbill, or similar types of advertising linking the address of the premises with the home occupation; (h) room or board, but not for more than two persons; (i) further, shall not utilize more than twenty-five (25) percent of the actual floor area of anyone story of any structure. 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. Any business, occupation, or profession, the operation of which does not meet the aforesaid characteristics of a home occupation shall not be interpreted to be a home occupation despite the fact that it may attempt to operate in a residential building. Hotel. Any building containing six or more guest rooms intended or designed to be used or which are used, rented, or hired out to be occupied, or which are occupied for sleeping purposes by guests, with provisions for individual bath facilities for each guest room and no provisions made for cooking in any individual room. Junk Yard. A place where waste, discarded or salvaged metals, building materials, paper, textiles, used plumbing fixtures, and other used materials are bought, sold, exchanged, stored, baled or cleaned; and places or yards for the storage of salvaged metal, materials and equipment; but not including pawn shops and establishments for the sale, purchase, or storage of used cars or trucks in operable condition, boats, or trailers in operable condition, and used furniture and household equipment in usable condition, and not including the processing of used, discarded or salvaged materials as part of manufacturing operations. Lot. A recorded piece, tract, or parcel of land occupied or to be occupied by a single principal building and accessory buildings, together with such open spaces as required under this chapter, and having its principal frontage upon a public street or officially approved place. Lot. Corner. A lot at the junction of two or more streets. Lot. Interior. A lot other than a corner lot with frontage on one street only. Lot. Through. An interior lot having frontage on two streets. Such lots may be referred to as "double frontage" lots. I - 6 - Approved as to Form T qr- January 10. 2001 '" City Attorney I ORDINANCE NO. 8652 (Cont.) I Lot. Devth. The distance between the front and rear lot lines measured in a mean direction of the side lot lines. Lot Lines. The property lines bounding the lot. Lot Line, Front. The boundary line between a lot and a street. For a comer lot, it is the boundary line between the lot and a street with the least dimension. For a through lot, it is the boundary line between the lot and a street which is so designated by the property owner at the time he takes out his building permit for the principal building. Lot Line. Rear. The boundary line which is opposite and most distant from the front lot line. Lot Line, Side. The boundary line or lines connecting the front lot line and rear lot line. Lot. Minimum Area. The minimum square foot of land area occupied, or to be occupied by a single principal building and accessory buildings as applicable to designated zoning districts. Lot Width. The distance between the side lot lines measured at right angles to the lot depth at a point midway between the front and rear lines. Manufactured Home. A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width, and forty body feet or more in length, or when erected on site is three hundred twenty or more square feet in size and which is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities. Manufactured Home Park. Any plot of ground zoned and licensed as such by the City within which two or more manufactured home spaces are located. Modular Home. A structure whose construction consists entirely of, or the major portions of its construction consists of a unit or units not fabricated on the final site for the dwelling unit, which units are movable or portable until placed on a permanent foundation and connected to utilities. A modular home shall meet all codes applicable to a site-built home. The term modular home shall not include a manufactured home. Motel. A group of attached or detached rooms with individual bath facilities operated for transient occupants and so constructed that occupants' automobiles may be parked at or near the room. Nonconforming Building or Use. A building or portion thereof or use of building or land, lawfully existing at the time of the adoption of this ordinance that does not conform to the use regulations of the zone in which it is located. Planninz Commission. The Commission empowered to recommend for and on behalf of the City of Grand Island in accordance with state and local laws. Stock. or Feed Yard. The confined feeding of food, fur, or pleasure animals in buildings, lots, pens, pools, or ponds, which normally are not used for the raising of crops or for grazing animals. For the purpose ofthis chapter, confined feeding would mean the feeding of more animals on the property than normally associated with a farming operation on the property involved. Story. That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it. If the finished floor level directly above a basement or cellar is more than six (6) feet above grade, such basement or cellar shall be considered a story. Street. A tract of land, dedicated to public use, which affords a primary means of access to the abutting property. Structure. Anything constructed or erected, the use of which requires more or less permanent location on the soil, or attached to something having a permanent location on the soil, including a modular home but not a manufactured home unless such manufactured home meets the definition and standards as specified under the definition of a Dwelling Unit. Structural Alteration. Any change in the structural members of a building, such as walls, columns, beams, or girders. Yard. An open space unoccupied and unobstructed from the ground to the sky except as provided herein on a zoning lot which a building, or manufactured home, if permitted, is situated. Yard. Front. A yard across the full width of a zoning lot extending from the front lot line to a principal building, or manufactured home, if permitted. I - 7 - Approved as to Form " Cq'I::>' January 10, 2001 '" City Attorney I ORDINANCE NO. 8652 (Cont.) Yard, Rear, A yard across the full width of a zoning lot extending from the rear line of the lot to the rear line of a principal building, or manufactured home, if permitted. Yard, Side, A yard extending from the front yard to the rear yard of a zoning lot, extending from the side line of the lot to the side of a principal building, or manufactured home, if permitted. Zoning. Lot. A single tract of land, located within a single block, which at the time of filing for a building permit or a certificate of occupancy, is designated by the owner or developer as a tract to be used, developed, or built upon as a unit, under single or unified ownership or control, and assigned to the particular use, building, or structure, for which the building permit and certificate of occupancy are issued, and including such area of land as may be required by the provisions of this chapter for such use, building, or structure. Zoning Official. The zoning official shall be the director of the Planning Commission of the City of Grand Island who shall administer this chapter. ~36-13. Reserved ~36-14. Reserved ~36-15. Reserved ~36-16. Reserved ~36-17. Reserved Article II. Zones I ~36-18. AG - Agricultural Zone Purpose: To preserve lands for agricultural uses from premature and scattered urban development in areas not served by pubic utilities and thereby encourage urban development within and contiguous to existing urban areas. (A) Permitted Principal Uses: (I) Agriculture uses excluding stock or feed yards and accessory uses (2) Dwelling units (3) Raising of field crops and horticulture (4) Country clubs as defined herein (5) Recreational camps, public parks, and recreational areas (6) Greenhouses and the raising of trees and nursery stock (7) Utility substations necessary to the functioning of the utility (but not including general business offices, maintenance facilities) when located according to the yard space rules set forth in this section for dwellings and having a ten-foot landscaped or masonry barrier on all sides. Buildings shall be of such exterior design as to harmonize with nearby properties. Installation shall not be subject to minimum area or width regulations. (8) Railway right-of-way, but not including railway yards or facilities. (B) Permitted Accessory Uses: (1) Living quarters for persons regularly employed on the premises but not including labor camps or dwellings for transient labor. (2) Guest building (3) Customary home occupations (4) Buildings, corrals, stables or pens in conjunction with the permitted uses. (5) Buildings for the display and sale of products grown or raised on the premises, provided, the floor area does not exceed 500 square feet. (6) Offices incidental to and necessary for a permitted use. (7) Other buildings and uses accessory to the permitted principal uses. (C) Permitted Conditional Uses: The following uses may be permitted, if approved by the city council, in accordance with the procedures set forth in Article VIII and X of this chapter. I - 8 - Approved as to Form T ~ January 10,2001 ... City Attorney I ORDINANCE NO. 8652 (Cont.) I (1) Quarters for transient labor (2) Cemeteries, memorial parks, crematories, mausoleums, and columbariums (3) Commercial mines, quarries, sand and gravel pits, and accessory uses (4) Public and quasi-public buildings and uses of an administrative, educational, religious, cultural or public service facility, but not including hospitals, sanitoriums or corrective institutions (5) Riding academies (6) Stock or feed yards and accessory uses (7) A manufactured home on a permanent foundation on property located outside the corporate boundary of the City of Grand Island; provided, (1) the applicant demonstrates that compliance with the Zoning Ordinance will cause hardship or cannot be achieved without excessive expense; and (2) that the applicant has complied with all other relevant sections of the Grand Island City Code; and (3) the applicant has not willfully and intentionally sought to circumvent or avoid compliance with the Grand Island Zoning Ordinance. This section shall apply only to noncomplying uses arising on or after January 1, 1987. (8) Towers (9) Veterinary clinics and animal hospitals (D) Space Limitations (1) Minimum lot area per dwelling unit: 871,200 sq. ft. (20 acres) (2) Minimum lot width: 100 feet (3) Maximum height of building: 35 feet (4) Minimum front yard: 35 feet (5) Minimum rear yard: 35 feet (6) Minimum side yard: 20 feet; a comer lot shall have a setback of 35 feet adjacent to both frontages (7) Maximum ground coverage: 10% (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. (3) Any person or persons who: (a) Own a tract of 80 acres or more may sell one tract of less than twenty acres per 80 acres for a dwelling unit, provided, such sale has not been previously exercised on the large tract; and/or (b) Own an existing dwelling unit that is ten years old or more may sell a tract containing such dwelling; provided, the following space limitations are complied with: Minimum lot - 20,000 square feet Minimum lot width - 100 feet Maximum height of building - 35 feet Minimum front yard - 30 feet Minimum rear yard - 25 feet Minimum side yard - 15 feet; a comer yard shall have a minimum setback of 30 feet adjacent to both frontages Maximum ground coverage - 25% I ~36-19. AG-SC Special Agriculture/Conservation Zone Purpose: The purpose of this special use district is to maintain lands in a predominately agricultural use, yet allow for limited, low impact recreational uses associated with pedestrian and equestrian trails, in accordance with the Cornhusker Army Ammunition Plant (CAAP) Comprehensive Reuse Plan. Ranch and farm dwellings are not allowed due to Environmental Protection Agency issues with the CAAP site. (A) Permitted Principal Uses: (1) Agricultural uses excluding feed lots and the commercial feeding of livestock (2) Raising of field crops and horticulture " - 9 - Approved as to Form "~ January 1 0, 2001 . City ttorney I ORDINANCE NO. 8652 (Cont.) (3) Pedestrian and equestrian trails and associated low impact recreational uses, when consistent with the CAAP Comprehensive Land Use Plan (4) Groundwater treatment facilities, contaminated soil remediation facilities (B) Permitted Accessory Uses: (I) Other buildings or uses accessory to a permitted use (C) Permitted Conditional Uses: (1) Utility substations, communication towers (2) Flood control facilities/improvements (3) Stock yard, feed yards and accessory uses (D) Prohibited Uses: (I) Any use not specifically listed as a permitted principal use or permitted accessory use (2) Ranch and/or farm dwellings (E) Space Limitations: (1) Minimum parcel area: 871,200 square feet (20 acres) (2) Minimum lot width: 100 feet (3) Minimum front yard: 35 feet (4) Minimum ground coverage: 30% (F) Miscellaneous Provisions: (1) Supplementary district regulations shall be complied with as required herein I ~36-20. AG-SE-Special AgriculturelEvents Zone The purpose of this special use district is to allow for agricultural uses as well as special agricultural demonstration event, expositions and trade shows that require large land areas, in accordance with the Cornhusker Army Ammunition Plant (CAAP) Comprehensive Reuse Plan. Ranch and farm dwellings are not allowed due to Environmental Protection Agency issues with the CAAP site. (A) Permitted Principal Uses: (1) Agricultural uses excluding feed lots and the commercial feeding of livestock (2) Raising field crops and horticulture (3) Agricultural related demonstration events, expositions and trade shows (4) Pedestrian and equestrian trails and associated low impact recreational uses, when consistent with the CAAP Comprehensive Land Use Plan (5) Stock yards, feed yards and accessory uses (B) Permitted Accessory Uses: (1) Other buildings or uses accessory to a permitted use (C) Permitted Conditional Uses: (1) Utility substations, communication towers (2) Flood control facilitieslimprovements (D) Prohibited Uses: (1) Any use not specifically listed as a permitted principal use or permitted accessory use (2) Ranch and/or farm dwellings (E) Space Limitations: (1) Minimum parcel area: 871,200 square feet (20 acres) (2) Minimum lot width: 100 feet (3) Minimum front yard: 35 feet (4) Minimum ground coverage: 65% (F) Miscellaneous Provisions: (1) Supplementary district regulations shall be complied with as required herein I ~36-21. AG-SI-Special AgriculturelIndustrial Zone The purpose of this special use district is to allow for agricultural uses as well as manufacturing, processing, fabrication, research, warehousing, storage and wholesaling facilities in accordance with the - 10 - Approved as to Form T ~ January 10, 2001 4. City Attorney I ORDINANCE NO. 8652 (Cont.) I Cornhusker Army Ammunition Plant (CAAP) Comprehensive Reuse Plan. Ranch and farm dwellings are not allowed due to the Environmental Protection Agency issues with the CAAP site. (A) Permitted Principal Uses: (1) Agricultural uses excluding feed lots and the commercial feeding oflivestock (2) Raising of field crop and horticulture (3) Manufacturing, processing, fabrication, research, warehousing, storage and wholesaling facilities (4) Pedestrian and equestrian trails and associated low impact recreational uses, when consistent with the CAAP Comprehensive Land Use Plan (5) Groundwater treatment facilities, contamination soil remediation facilities (B) Pennitted Accessory Uses: (1) Other buildings or uses accessory to a permitted use (C) Pennitted Conditional Uses: (1) Industrial uses with more significant health and safety concerns: wrecking, scrap or garbage disposal/recycling yard; explosives manufacture or storage; chemical, acid or petroleum refining or storage; meat packing plants; milling and smelting of ores (2) Utility substations, communication towers (3) Flood control facilities/improvements (4) Stock yards, feed yards and accessory uses (D) Prohibited Uses: (1) Ranch and/or farm dwellings (2) Any use not specifically listed as a permitted principal use or permitted accessory use (E) Space Limitations: (1) Minimum parcel area: agricultural uses - 871,200 square feet (20 acres; non-agricultural uses - 43,560 square feet (1 acre) (2) Minimum lot width: 100 feet (3) Maximum building height: no restrictions (4) Minimum front yard: 35 feet (5) Minimum ground coverage: 65% (F) Miscellaneous Provisions: (I) Supplementary district regulations shall be complied with as required herein I ~36-22. SRC-Special Recreation/Conservation Zone The purpose of this district use is to allow for special outdoor recreational shooting facilities, recreational vehicle campgrounds as well as low impact recreational uses associated with pedestrian and equestrian trails, in accordance with the Cornhusker Army Ammunition Plant (CAAP) Comprehensive Reuse Plan. (A) Permitted Principal Uses: (1) Agricultural uses excluding feed lots and the commercial feeding of livestock (2) Raising of field crops and horticulture (3) Lot impact recreational uses associated with pedestrian and equestrian trails, when consistent with the CAAP Comprehensive Land Use Plan (4) Recreational vehicle campgrounds (5) Outdoor recreational shooting facilities (B) Pennitted Accessory Uses: (I) Other buildings or uses accessory to a permitted use (C) Pennitted Conditional Uses: (1) Caretaker dwelling associated with outdoor recreational shooting facilities and recreational vehicle campgrounds (D) Prohibited Uses: (1) Any use not specifically listed as a permitted principal use or permitted accessory use (E) Space Limitations: (1) Minimum parcel area: 871,200 square feet (20 acres) - 11 - .. C. d1-- Approved as to Form . ~ January 10, 2001 '" City Attorney I ORDINANCE NO. 8652 (Cont.) (2) Minimum lot width: 100 feet (3) Maximum building height: no restrictions (4) Minimum front yard: 35 feet (5) Minimum rear yard: 35 feet (6) Minimum side yard: 20 feet (7) Maximum ground coverage: 30% (F) Miscellaneous Provisions: (1) Supplementary district regulations shall be complied with as required herein I ~36-23. T A-Transitional Agriculture Zone Purpose: To provide for a transition from rural to urban uses, and is generally located on the fringe of the urban area. This zone permits both farm and non-farm dwellings at a maximum density of two dwelling units per acre, as well as other open space and recreational activities. (A) Permitted Principal Uses: (1) Dwelling units (2) Raising of field crops, and horticulture (3) Country clubs as defined herein (4) Recreational camps, public parks, and recreational areas (5) Greenhouses and the raising of trees and nursery stock (6) Utility substations necessary to the functioning of the utility (but not including general business offices, maintenance facilities) when located according to the yard space rules set forth in this section for dwellings and having a ten foot landscaped or masonry barrier on all sides. Buildings shall be of such exterior design as to harmonize with nearby properties. Installation shall not be subject to minimum area or width regulations. (7) Railway right-of-way, but not including railway yards or facilities (8) Churches, synagogues, chapels, and similar places of religious worship and instruction of a quiet nature (B)Permitted Accessory Uses: (1) Living quarters for persons regularly employed on the premises but not including labor camps or dwellings for transient labor (2) Guest building (3) Customary home occupations (4) Buildings, corrals, stables or pens in conjunction with the permitted uses (5) Buildings for the display and sale of products grown or raised on the premises, provided, the floor area does not exceed 500 square feet (6) Offices incidental to and necessary for a permitted use (7) Other buildings and uses accessory to the permitted principal uses (C) Permitted Conditional Uses: The following uses, if approved by the city council, in accordance with the procedures set forth in Article VIII and X of this chapter: (1) Quarters for transient labor (2) Cemeteries, memorial parks, crematories, mausoleums, and columbariums (3) Commercial mines, quarries, sand and gravel pits and accessory uses (4) Public and quasi-public buildings and uses of an administrative, educational, religious, cultural, or public service facility, but not including hospitals, sanitoriums or corrective institutions (5) Riding academies (6) Preschools, nursery schools, day care centers, children's homes, and similar facilities (7) Towers (8) Veterinary clinics and animal hospitals (D) Space Limitations: (1) Minimum lot area per dwelling unit: 20,000 square feet (2) Minimum lot width: 100 feet (3) Maximum height of building: 35 feet I - 12 - Approved as to Form " ~ January 10, 2001 ... City Attorney I ORDINANCE NO. 8652 (Cont.) (4) Minimum front yard: 30 feet (5) Minimum rear yard: 25 feet (6) Minimum side yard: 15 feet; a comer lot shall have a minimum setback of 20 feet adjacent to the side street (7) Maximum ground coverage: 25% (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. I ~36-24. Rl - Suburban Residential Zone Purpose: To provide for residential neighborhoods at a maximum density of four to five dwelling units per acre with supporting community facilities. (A) Permitted Principal Uses: (1) Dwelling units (2) Truck, bush and tree farming, provided, there is no display or sale at retail of such products on the prermses (3) Public parks and recreational areas (4) Country clubs as defined herein (5) Public, parochial and private schools having a curriculum equivalent to an elementary or higher educational level and colleges offering courses of general instruction, including convents, monasteries, dormitories, and other related living structures when located on the same site as the college. (6) Churches, synagogues, chapels, and similar places of religious worship and instruction of a quiet nature (7) 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 ten foot landscaped or masonry barrier on all sides. Buildings shall be of such exterior design as to harmonize with nearby properties. (8) Public and quasi-public buildings for cultural use (9) Railway right-of-way but not including railway yards or facilities (B) Permitted Accessory Uses: ( I) Guest buildings (2) Customary home occupations (3) Other buildings or uses accessory to the permitted principal uses (C) Permitted Conditional Uses: The following uses may be permitted, if approved by the city council, in accordance with the procedures set forth in Article VIII and X of this chapter: (1) Preschools, nursery schools, day care centers, children's homes, and similar facilities (2) Towers (3) Off-street parking areas for schools and places of religious worship/instruction on lands adjacent to and within tmee hundred (300.0) feet of the principal building associated with the aforementioned uses. (D) Space Limitations: (1) Minimum lot area per dwelling unit: 9,000 square feet (2) Minimum lot width: 70 feet (3) Maximum height of building: 35 feet (4) Minimum front yard: 25 feet (5) Minimum rear yard: 20 feet (6) Minimum side yard: 10 feet; a comer lot shall have a minimum setback adjacent to the side street equal to 50% of the required front yard (7) Maximum ground coverage: 30% (E) Miscellaneous Provisions: (1) Supplementary regulations shall be complied with as defined herein I - 13 - Approved as to Form ... c.r-c January 10, 2001 ... City Attorney I ORDINANCE NO. 8652 (Cont.) (2) Only one principal building shall be permitted on one zoning lot except as otherwise provided herein I ~36-25. R2 - Low Density Residential Zone Purpose: To provide for residential neighborhoods at a maximum density of seven dwelling units per acre with supporting community facilities. (A) Permitted Principal Uses: (1) Dwelling units (2) Truck, bush and tree farming, provided, there is no display or sale at retail of such products on the prel1llses (3) Public parks and recreational areas (4) Country clubs as defined herein (5) Public, parochial and private schools having a curriculum equivalent to an elementary or higher educational level and colleges offering courses of general instruction, including convents, monasteries, dormitories, and other related living structures when located on the same site as the college (6) Churches, synagogues, chapels and similar places of religious worship and instruction of a quiet nature (7) 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. (8) Public and quasi-public buildings for cultural use (9) Railway right-of-way, but not including railway yards or facilities (B) Permitted Accessory Uses: (1) Customary home occupations (2) Buildings and uses accessory to the permitted principal use (C) Permitted Conditional Uses: The following uses may be permitted, if approved by the city council, in accordance with the procedures set forth in Article VIII and X of this chapter. (1) Preschools, nursery schools, day care centers, children's homes and similar facilities (2) Towers (3) Off-street parking areas for schools and places ofreligious worship/instruction on lands adjacent to and within three hundred (300.0) feet of the principal building associated with the aforementioned uses. (D) Space Limitations: (1) Minimum lot area per dwelling unit: 6,000 square feet (2) Minimum lot width: 50 feet (3) Maximum height of buildings: 35 feet (4) Minimum front yard: 25 feet (5) Minimum rear yard: 20 feet (6) Minimum side yard: 5 feet; a comer lot shall have a minimum setback adjacent to the side street equal to 50% of the required front yard (7) Maximum ground coverage: 35% (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. I ~36-26. R3 - Medium Density Residential Zone Purpose: To provide for residential uses at a maximum density of fourteen to fifteen dwelling units per acre with supporting community facilities. This zone is some times used as a transitional zone between lower density residential zones and higher density residential, office, business, or manufacturing zones. - 14 - Approved as to Form ... ~ January 10, 2001 '" C ttorney I ORDINANCE NO. 8652 (Cout.) I (A) Permitted Principal Uses: (1) Dwelling units (2) Truck, bush and tree farming, provided, there is no display or sale at retail of such products on the prenuses (3) Public parks and recreational areas (4) Country clubs as defined herein (5) Public, parochial and private schools having a curriculum equivalent to an elementary or higher educational level and colleges offering courses of general instruction, including convents, monasteries, dormitories and other related living structures when located on the same site as the college. (6) Churches, synagogues, chapels, and similar places of religious worship and instruction of a quiet nature. (7) 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. (8) Public and quasi-public buildings for cultural use (9) Railway right-of-way, but not including railway yards or facilities (B) Permitted Accessory Uses: (I) Customary home occupations (2) Buildings and uses accessory to the permitted principal use (C) Permitted Conditional Uses: The following uses may be permitted, if approved by the city council, in accordance with the procedures set forth in Article VIII and X of this chapter: (1) Nonprofit community buildings and social welfare establishments other than those providing living accommodations (2) Driveways, parking lots, or buildings when directly associated with or accessory to a permitted principal use in an adjacent zone. (3) Preschools, nursery schools, day care centers, children's homes, and similar facilities (4) Towers (5) Off-street parking areas for schools and places of religious worship/instruction on lands adj acent to and within three hundred (300.0) feet of the principal building associated with the aforementioned uses. (D) Space Limitations: (1) Minimum lot area per dwelling unit: 3,000 square feet (2) Minimum zoning lot: 6,000 square feet (3) Minimum lot width: 50 feet (4) Maximum height of building: 35 feet (5) Minimum front yard: 20 feet (6) Minimum rear yard: 15 feet (7) Minimum side yard: 5 feet; except a comer lot shall have a 10 foot setback adjacent to the side street (8) Maximum ground coverage: 50% (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. I ~36-27. R4 - High Density Residential Zone Purpose: To provide for residential uses at a maximum density of forty-three dwelling units per acre with supporting community facilities. This zone is also used as a transitional zone between lower density residential zones and office, business, or manufacturing zones. (A) Permitted Principal Uses: (I) Dwelling Units - 15 - Approved as to Form ... January 10, 2001 ... City Attorney I ORDINANCE NO. 8652 (Cant.) I (2) Boarding and lodging houses, fraternity and sorority houses (3) Truck, bush and tree farming, provided there is no display or sale at retail of such products on the prellllses (4) Public parks and recreational areas (5) Country clubs as defined herein (6) Public, parochial and private schools having a curriculum equivalent to an elementary or higher educational level and colleges offering courses of general instruction, including convents, monasteries, dormitories and other related living structures when located on the same site as the college. (7) Churches, synagogues, chapels and similar places of religious worships and instruction of a quiet nature (8) 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 the section for dwellings and having a landscaped or masonry barrier on all sides. Buildings shall be of such design as to harmonize with nearby properties. (9) Public and quasi-public buildings for cultural use. (10) Railway right-of-way, but not including railway yards or facilities. (11 ) Nonprofit community buildings and social welfare establishment. (12) Preschools, nursery schools, day care centers, children's homes and similar facilities (B) Permitted Accessory Uses: (1) Customary home occupations (2) Buildings and uses accessory to the permitted principal uses (C) Permitted Conditional Uses: The following uses may be permitted, if approved by the city council, in accordance with the procedures set forth in Article VIII and X of this chapter: (1) Driveways, parking lots or buildings when directly associated with or accessory to a permitted principal use in an adjacent zone. (2) Towers (3) Off-street parking areas for schools and places of religious worship/instruction on lands adjacent to and within three hundred (300.0) feet of the principal building associated with the aforementioned uses. (D) Space Limitations: (1) Minimum lot area per dwelling unit: 1,000 square feet (2) Minimum zoning lot: 6,000 square feet (3) Minimum lot width: 50 feet (4) Maximum height of building: 80 feet (5) Minimum front yard: 10 feet (6) Minimum rear yard: 10 feet (7) Minimum side yard: 5 feet, except a comer lot shall have a 10 foot setback adjacent to the side street (8) Maximum ground coverage: 60% (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. I ~36-28. RO - Residential Office Zone Purpose: To provide the highest density of residential uses as well as for various office, personal services and professional uses. This zone is also used as a transitional zone between lower density residential zones and business or manufacturing zones. (A) Permitted Principal Uses: (1) Dwelling units (2) Boarding and lodging houses, fraternity and sorority houses - 16 - Approved as to Form T C,fl- January 10, 2001 . City Attorney I ORDINANCE NO. 8652 (Cont.) I (3) Truck, bush and tree farming, provided, there is no display or sale at retail of such products on the prellllses (4) Public parks and recreational areas (5) Country clubs as defined herein (6) Public, parochial and private schools having a curriculum equivalent to an elementary or higher educational level, and colleges offering courses of general instruction, including convents, monasteries, dormitories, and other related living structures when located on the same site as the college. (7) Churches, synagogues, chapels, and similar places of religious worship and instruction of a quiet nature (8) 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 masomy barrier on all sides. Buildings shall be of such exterior design as to harmonize with nearby properties. (9) Public and quasi-public buildings for cultural use. (10) Railway right-of-way but not including railway yards or facilities. (11) Nonprofit community buildings and social welfare establishments. (12) Hospitals, nursing homes, convalescent or rest homes. (13) Radio and television stations (no antennae), private clubs and meeting halls (14) Vocational or trade schools, business colleges, art and music schools and conservatories, and other similar uses. (15) Beauty parlors and barber shops. (16) Office and office buildings for professional and personal services such as real estate, insurance, savings and loan associations, banks, accountants, architects, engineers, photographers, doctors, dentists, optometrists, chiropractors, podiatrists, etc. Retail activities shall be permitted but limited to uses pertaining to professional prescription services such as pharmacies, opticians, audiology, medical supply shops or items clearly accessory with the service such as picture frames to the photographer, shampoo and hair care items to the beauty and barber shop or similar uses. (17) Mortuaries, funeral homes, and funeral chapels. (18) Preschools, nursery schools, day care centers, children's homes, and similar facilities. (B) Permitted Accessory Uses: (1) Customary home occupations (C) Permitted Conditional Uses: The following uses may be permitted, if approved by the city council, in accordance with the procedures set forth in Article VIII and X of this chapter: (1) Driveways, parking lots or buildings when directly associated with or accessory to a permitted principal use in an adjacent zone. (2) Towers (3) Off-street parking areas for schools and places of worshiplinstruction on lands adjacent to and within three hundred (300.0) feet of the principal building associated with the aforementioned uses. (D) Space Limitations: (I) Minimum lot area per dwelling units: None (2) Minimum zoning lot: 6,000 square feet (3) Minimum lot width: 50 feet (4) Maximum height of building: 150 feet (5) Minimum front yard: 10 feet (6) Minimum rear yard: 10 feet (7) Minimum side yard: 5 feet, except a comer lot shall have a 10 foot set back adjacent to the side street (8) Maximum ground coverage: 75% (E) Miscellaneous Provisions: (1) Supplementary regulations shall be complied with as defined herein I - 17 - Approved as to Form ... ~<{2- January 10. 2001 ... Ci Y Attorney I ORDINANCE NO. 8652 (Cont.) (2) Only one principal building shall be permitted on one zoning lot except as otherwise provided herein. I ~36-29. Bl - Light Business Zone Purpose: To provide for neighborhood shopping and service facilities which will serve the needs of the surrounding residential area. Residential uses are permitted at the density of the R4 Zone. (A) Permitted Principal Uses: (1) Uses as listed under permitted principal uses ofRO Zone (2) Stores and shops for the conduct of 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. (3) Offices and office buildings (4) Specific retail uses such as: Automobiles, automobile parts, and accessories, automobile trailers, appliances, beverages, bicycles and bicycle accessories (including rental), boats, books, bronzes, cameras and film, candy, carpets, clothing, confections, curios, dairy products, drugs, dry goods, electrical goods, fish (dressed), furniture (new and/or genuine antique), flowers, furs, groceries, guns, hardware, instruments (musical, professional or scientific), hats, jewelry, liquor, meats, motor vehicles, newspapers and magazines, notions, paint, paintings or art work, pastries, porcelain, poultry (dressed), radios, seed, shoes, sporting goods, stationery, television sets. (5) Specific agency uses such as: Advertising, airplane broker (no merchandise), bakery, cleaning and dyeing, collection, dancing school or academy, detective (private), employment, laundry, messenger service, real estate, telephone answering, travel (6) Specific shops such as: Antiques (genuine), barber and/or beauty, child care, dressmaking, embroidery, hobby, knit, locksmith, pet shop and/or school, shoe repair, specialty, tailor, television and appliance repair, watch repair. (7) Specific uses such as: Advertising distribution, art studio or school, assaying, automobile parking lot or building, automobile service station, automobile wash, bank, billiard hall, bowling alley, business school, cafe or restaurant (no dancing or entertainment), clinic, coin operated laundry or dry cleaning establishments, decorators studio, delicatessen, dental laboratory, department store, drive-in food and/or beverage establishments, financial institutions, fine arts gallery, garden supplies including nursery stock, ice delivery station, library (circulating or commercial), music store, music studio or school, photographers studio, recreation center and/or facilities (including miniature golf, kiddy parks, skating rinks, trampoline, etc.), reducing salon, refreshment stand, sponging and pressing (no power driven laundry or dry cleaning), swimming pool (commercial other than public), tavern (bar and cocktail lounge ), telegraph office, theater, vending machines, X -ray operators and laboratories. (B) Permitted Accessory Uses: (1) Buildings and uses accessory to the permitted principal use. (C) Permitted Conditional Uses: The following uses may be permitted, if approved by the city council, in accordance with the procedures set forth in Article VIII and X of this chapter: (1) Towers (D) Space Limitations: (1) Minimum lot area: 3,000 square feet (2) Minimum lot width: 30 feet (3) Maximum height of building: 35 feet (4) Minimum front yard: 10 feet (5) Minimum rear yard: 10 feet (6) Minimum side yard: 5 feet, except a corner lot shall have a 10 foot setback adjacent to the side street (7) Maximum ground coverage: 75% (E) Miscellaneous Provisions: (1) Supplementary regulations shall be complied with as defined herein. I - 18 - Approved as to Form T ~ January 10, 2001 ... City A orney I ORDINANCE NO. 8652 (Cont.) (2) Only one principal building shall be permitted on one zoning lot except as otherwise provided herein I ~36-30. B2 - General Business Zone Purpose: To provide for the service, retail and wholesale needs of the general community. This zone will contain uses that have users and traffic from all areas of the community and trade areas, and therefor will have close proximity to the major traffic corridors of the City. Residential uses are permitted at the density of the R4 Zone. (A) Permitted Principal Uses: (1) Uses as listed under permitted principal uses of the B I Zone. (2) Stores and shops for the conduct of wholesale business, including sale of used merchandise. (3) Outdoor sales and rental lots for new or used automobiles, boats, motor vehicles, trailers, manufactured homes, farm and construction machinery, etc. (4) Specific uses within a building such as: Animal hospital area, aquarium, auction house or store, automobile repair (no body repair), automobile sales and rental, aviary, bath house, blueprinting, book bindery, bottling plant (juices and soft drinks), building supply, canvas shop, carpet cleaning, chickens (sale of chicks), dance hall, dyeing of yarns, engraver, express office, extermination, fumigation and sterilization services, feed and grain retail sales, film exchange, food lockers, furniture storage and repair, glass cutting and staining (with retail sales), gymnasium, laboratory (experimental or scientific), lapidary, leather goods (sale and incidental manufacture), lithographer, laundry, dry cleaning and dyeing plant, massage parlor, medical appliances retail sales, motel and/or hotel, newspaper printing office, office machines sales and service, optical glass grinding, pawn shop, photo finishing, plumbing shop, poultry hatchery, printer or publisher, sign painting shop, service enterprises of all kinds, sports arena, storage garage, tavern, bar or cocktail lounge, taxidermist, tire shop (repair and vulcanizing only), towel and linen service, trade or vocational school, upholstery shops. (5) Specific uses such as: Archery range, billboards, drive-in theater, golf driving range, storage yard (no junk, salvage or wrecking). (6) Manufacture, fabrication or assembly uses incidental to wholesale or retail sales wherein not more than 20% of the floor area is so used. (B) Permitted Accessory Uses: (1) Building and uses accessory to the permitted principal use. (C) Permitted Conditional Uses: The following uses may be permitted, if approved by the city council, in accordance with the procedures set forth in Article VIII and X of this chapter: (1) Recycling business (2) Towers (D) Space Limitations: (1) Minimum lot area: 3,000 square feet (2) Minimum lot width: 30 feet (3) Maximum height of building: 55 feet (4) Minimum front yard: 10 feet (5) Minimum rear yard: None, if bounded by an alley, otherwise 10 feet. (6) Minimum side yard: None, but if provided, not less than five feet, or unless adjacent to a parcel whose zone requires a side yard setback, then five feet. In the case of a corner lot adjacent to the side street, the setback shall be 10 feet. When adjacent to a public alley, the setback is optional and may range from 0 feet to 5 feet. (7) Maximum ground coverage: 100% (D) 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. I - 19 - .. ,. d1"::' Approved as to Form . ~ January 10, 2001 ... City Attorney I ORDINANCE NO. 8652 (Cont.) I ~36-31. AC - Arterial Commercial Zone Purpose: To provide an overlay of the B2 Zone 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: (1) Uses as listed under permitted principal uses in the B2-General Business Zone underlying the Arterial Commercial Zone indication with the following exceptions: animal hospital with outside pens, auction house or retail store with outside display of used merchandise or outside storage, aviary with outside display or sales, billboards, bottling plant (juices and soft drinks), chickens (sale of chicks), feed and grain retail sales, massage parlor, plumbing shop with outside storage, poultry hatchery, storage yard. (B) 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. (C) Permitted Conditional Uses: The following uses may be permitted, if approved by the city council, in accordance with procedures set forth in Article VIII and X of this chapter: (1) Billboards for a four-year time period. (2) Towers (D) Space Limitations: (1) Minimum lot area: 5,000 square feet (2) Minimum lot width: 50 feet (3) Maximum height of building: 55 feet (4) Minimum front yard: 20 feet (5) Minimum rear yard: None, if bounded by an alley, otherwise 10 feet (6) Minimum side yard: None, but if provided, not less than 5 feet, or unless adjacent to a parcel whose zone requires a side yard setback, then 5 feet. In the case of a comer lot adjacent to the side street, the setback shall be 10 feet. (7) Maximum ground coverage: 80% (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 chapter. (F) Miscellaneous Provisions: (1) Supplementary regulations shall be complied with as defined herein. (2) Only one principal building shall be permitted on anyone 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 free-standing on-site ground signs shall be limited to four square feet of sign area per side of each one foot of frontage with a maximum of 400 square feet per side. The maximum height of the sign shall be 30 feet. A free-standing sign shall be no closer than 25% of the total frontage to the adjacent property, except at the street side of a comer lot where they may be within that 25% of lot frontage. (5) No billboards shall be permitted to be stacked one above the other. A billboard shall not receive existing rights status or "grandfather" rights unless structurally complete at the date of adoption of this section. A billboard that does receive existing rights at the date of adoption of this section shall be subject to conditional use approval for continued use four calendar years after the date of adoption of this section or shall be considered to be fully amortized and shall be removed. (6) 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. I - 20 - Approved as to Form T ~ January 10, 2001 ... City A torney I ORDINANCE NO. 8652 (Cont.) I ~36-32. B3 - Heavy Business Zone Purpose: To provide for the multiple uses within the central business district. Residential uses are permitted at the density of the RO Zone. (A) Permitted Principal Uses: (1) Uses as listed under permitted principal uses of the B 1 Zone (2) Hotel and motel uses (B) Permitted Accessory Uses: (1) Buildings and uses accessory to the permitted principal use. (C) Permitted Conditional Uses: The following uses may be permitted, if approved by the city council, in accordance with the procedures set forth in Article VIII and X of this chapter: (1) Stores and shops for the conduct of wholesale business, including sale of used merchandise. (2) Outdoor sales and rental lots for new or used automobiles, boats, motor vehicles, trailers, manufactured homes, farm and construction machinery, etc. (3) Specific uses within a building such as: Animal hospital area, automobile repair (no body repair), bath house, bottling plant Uuices and soft drinks), building supply, carpet cleaning, express office, furniture storage and repair, gymnasium, laboratory (experimental or scientific), lapidary, lithographer, laundry, dry cleaning and dyeing plants, massage parlor, optical glass grinding, photo finishing, plumbing shop, poultry hatchery, sports arena, storage garage, towel and linen service. (4) Specific uses such as: Archery range, billboards, drive-in theater, golf driving range, storage yard (no junk, salvage or wrecking). (5) Manufacture, fabrication or assembly uses incidental to wholesale or retail sales wherein not more than 20% of the floor area is so used. (6) Towers (D) Space Limitations: (1) Minimum lot area: 3,000 square feet (2) Minimum lot width: 30 feet (3) Maximum height of buildings: None (4) Minimum front yard: 10 feet (5) Minimum rear yard: None, if bounded by an alley, otherwise ten feet (6) Minimum side yard: None, but if provided, not less than five feet or unless adjacent to a parcel whose zone requires a side yard setback, then five feet. In the case of a corner lot adjacent to the side street, the setback shall be 10 feet. When adjacent to a public alley, the setback is optional and may range from 0 feet to 5 feet. (7) Maximum ground coverage: 100% (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. I ~36-33. ME - Industrial Estates Zone Purpose: To provide for a variety of manufacturing, truck, trailer, and truck/trailer parts retailing, truck, trailer, and truck/trailer parts wholesaling, warehousing, administrative and research uses within an area of comparatively high visibility and having quality standards to promote an industrial park atmosphere. (A) Permitted Principal Uses: (1) Any industrial, manufacturing, remanufacturing, truck, trailer, and truck/trailer parts retailing, truck, trailer, and truck/trailer parts wholesaling, storage, warehousing, distribution use or administrative, professional research or other similar office use shall be permitted within this district, provided, such use is in compliance with miscellaneous provisions and performance standards listed in this chapter, or unless specifically excluded, or a conditional use as listed below. (B) Permitted Accessory Uses: - 21 - Approved as to Form T ~ January 10,2001 ... City Attorney I ORDINANCE NO. 8652 (Cont.) I (1) Buildings and uses accessory to the permitted principal uses or approved permitted conditional uses. (C) Permitted Conditional Uses: The following uses may be permitted, if approved by the city council, in accordance with the procedures set forth in Article VIII and X of this chapter: (1) Explosives manufacturing (2) Towers (radio, television, satellite, etc.) (3) Gravel, sand or dirt removal, stockpiling, processing or distribution and batching plant (4) Trade and vocational schools (D) Specifically Excluded Uses: (1) Automotive wrecking or salvage yards (2) Storage, dump, or yard for the collection, salvage or bailing of scrap paper, bottles, iron, rags, junk, or any other materials (3) Storage of explosives (4) Any residential use (5) Billboards (6) Stock or feed yards and auction houses for livestock (7) Concrete or cement products manufacturing and batching plants (8) Contractor's storage yard or plant (9) Tanning, curing, or storage of hides or skins (10) Churches, schools, institutions and other similar public and semi-public uses except for trade and vocational schools (11) Milling or smelting of ores (12) Storage tanks or facilities for fuel oils, petroleum, acids, flammable liquids and chemicals (13) Petroleum refining (E) Space Limitations: (1) Minimum lot area: 2.5 acres (2) Minimum lot width: 250 feet (3) Maximum height of building: 50 feet (4) Minimum front yard: 50 feet (5) Minimum side yard: 20 feet. A comer or through lot shall be considered to have more than one front yard and shall have a minimum yard of 50 feet adjacent to all frontages (6) Minimum rear yard: 20 feet (7) No minimum yard shall be required from property line abutting a railroad right-of-way (8) Maximum ground coverage: 50% (F) Miscellaneous Provisions: (1) Landscaping shall be provided in the entire area of all required front yards except for necessary paving of walkways and of driveways to reach parking and loading areas in the side or rear yards, provided, that any driveways in the front yard shall not be wider than thirty (30) feet. Landscaping shall include, but is not limited to, screen plantings, lawn area, pools, trees, shrubs, fences, and walls. Crushed rock, gravel, bark chips, etc., shall not substitute for lawn area. Landscaping shall be provided within two years of issuance of the occupancy permit for the principal structure and thereafter be properly maintained. (2) Any outside storage of inoperable or unassembled parts or equipment shall be visually screened from the surrounding area by fences, walls, plantings, earth berm or other barrier and such screening shall be opaque. (3) No loading facilities shall be located within a required front yard. Loading facilities located between a building and an adjacent street or residential district shall be visually screened to the same standards as any outside storage. (4) No galvanized or other raw metal sheeting shall be used for the exterior construction of any principal or accessory building. (5) Supplementary regulations shall be complied with as defined herein. I - 22- Approved as to Form ... January 10, 2001 ... City Attorney I ORDINANCE NO. 8652 (Cont.) (6) Only one principal building shall be permitted on one zoning lot except as otherwise provided herein. I ~36-34. Ml - Light Manufacturing Zone Purpose: To provide for light fabrication, service, warehousing, administrative and research uses within a zone having generally limited public contact and requiring some minimal landscaping standards. (A) Permitted Principal Uses: (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 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) Specific uses such as: animal hospital, automobile service station, bakery, bottling plant, blueprinting, brewery or distillery, cafe or restaurant, cannery, carpenter or woodworking shop, carpet cleaning, casting of lightweight or nonferrous metals, cemetery, dairy products distribution, dry cleaning and laundry plant, enameling, japanning, lacquering, galvanizing or plating of metals, feed and seed processing and storage, furniture repair and warehousing, garage, glass manufacture, laboratories, lapidary, printer, publisher or lithographer, pulp paper, cardboard or building board manufacture, sign painting, or manufacture, signs or billboards, stone and monument works, synthetics and plastic manufacture, tire recapping or retreading, trade or vocational school, vitreous ware, pottery and porcelain manufacture, warehouse. (7) Manufacture, processing, assembly, fabrication or storage of products and materials similar to the above (8) Other uses which are, in the opinion of the Board of Adjustment, similar to the above (B) Permitted Accessory Uses: (1) Sales of new merchandise when same is manufactured, processed, assembled, fabricated or stored on the premises (2) Buildings and uses accessory to the permitted principal use (C) Permitted Conditional Uses: The following uses may be permitted, if approved by the city council, in accordance with the procedures set forth in Article VIII and X of this chapter: (I) Gravel, sand, or dirt removal, stockpiling, processing or 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 (D) Specifically Excluded Uses: (I) 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: (1) Minimum lot area: 20,000 square feet (2) Minimum lot width: 100 feet (3) Maximum height of buildings: 50 feet (4) Minimum front yard: 35 feet, with 15 feet adjacent to a street landscaped to satisfaction of the zoning official (5) Minimum rear yard: 20 feet (6) Minimum side yard: 10 feet I - 23 - Approved as to Form T ~ January 10, 2001 .i. City A torney I ORDINANCE NO. 8652 (Cont.) (7) Maximum ground coverage: 50% (F) Miscellaneous Provisions: (1) Supplementary regulations shall be complied with as defined herein (2) Landscaping shall be provided and maintained by the owner or developer within the 15 feet adjacent to a street; landscaping shall include but is not limited to, screen planting, lawn area, trees, shrubs, fences and walls; all landscaping shall be planned and maintained to the satisfaction of the zoning official. (3) Only one principal building shall be permitted on one zoning lot except as otherwise provided herein. I ~36-35. M2 - Heavy Manufacturing Zone Purpose: To provide for the widest variety 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: (1) Uses as listed under permitted principal uses of the Bl, B2, B3, and Ml Zones except as listed under specifically excluded uses (2) Gravel, sand or dirt removal, stockpiling, processing or distribution, and batching plant (3) Concrete or cement products manufacturing and batching plant (4) Truck terminal, tractor, trailer, or truck storage, including maintenance facilities (5) Contractors storage yard or plant (6) Specific uses such as: Animal pound or kennel, arena or athletic field or track, automobile body repair, boiler and tank works, cemetery, cesspool cleaning yard, crating and hauling depot, egg candling, felt manufacturing, house movers yard, sauerkraut manufacture; storage yards or buildings for lumber, coal, coke, gas, or similar uses except explosives. (7) Railway right-of-way, including yards and facilities (8) Other uses which are, in the opinion of the Board of Adjustment, similar to the above. (B) Permitted Accessory Uses: (1) Buildings and uses accessory to the permitted principal uses (C) Permitted Conditional Uses: The following uses may be permitted, if approved by the city council, in accordance with the procedures set forth in Article VIII and X of this chapter: (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) Stock or feed yards (11) Storage, dump, or yard for the collection, salvage, or bailing of scrap paper, bottles, iron, rags, junk, etc. (12) Tanning, curing, or storage of hides or skins (13) Motels and hotels (14) Towers (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: I - 24- Approved as to Form T (~<' January 10, 2001 ... City ttorney I ORDINANCE NO. 8652 (Cont.) (1) Minimum lot area: 6,000 square feet (2) Minimum lot width: 50 feet (3) Maximum height of building: None (4) Minimum front yard: None (5) Minimum rear yard: None, when bounded by an alley, otherwise 10 feet (6) Minimum side yard: None, 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. (7) Maximum ground coverage: 65% (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. I ~36-36. -M and - MD Manufactured Home Zones Purpose: To provide for overlay zones which will permit the placement of single or double wide manufactured homes within either a manufactured home park or manufactured home subdivision, whichever the case may be, as approved for the overlay zones. Site built dwelling units and modular homes are also permitted within the overlay zones. A variety of densities is possible depending upon the base zone to which the overlay zones are applied. (A) Permitted Principal Uses: (1) Within the -M Zone: (a) Uses as listed under permitted principal uses in the zone or zones underlying the -M Manufactured Home Zone designation. (b) Manufactured single wide, double wide, or sectional homes; provided, that skirting shall be required for all units. (2) Within the -MD Zone: (a) Uses as listed under permitted principal uses in zone or zones underlying the -MD Manufactured Home designation. (b) Manufactured double wide or sectional homes only, provided: (1) minimum width ofthe main body of the manufactured home as assembled shall not be less than twenty-two (22) feet; (2) minimum pitch of the main roof shall not be less than 2.5 inches of rise for each twelve inches of horizontal run (2.5/12 pitch); (3) exterior finish on walls shall appear to be as wood, masonry, or other materials generally acceptable for site built housing and applied in a manner similar in appearance; provided, that reflection from such exterior shall not be greater than from siding coated with clean, white, gloss exterior enamel; (4) roofing material shall be of any material that is generally acceptable for site-built housing; provided, it is applied in such a manner similar in appearance; (5) skirting shall be required and shall have a similar appearance of foundation for site-built housing. (B) Permitted Accessory Uses: (1) Uses as listed under permitted accessory uses in the zone or zones underlying the Manufactured Home Zone designation. (C) Permitted Conditional Uses: The following uses may be permitted, if approved by the city council, in accordance with the procedures set forth in Article VIII of this chapter: (1) Uses as listed under permitted conditional uses in the zone or zones underlying the Manufactured Home designation. (D) Space Limitations: (1) Minimum zoning area per manufactured home: Same as underlying zone but in no event less than 3,000 square feet I - 25 - Approved as to Form T January 10, 2001 ... City At orney I ORDINANCE NO. 8652 (Cout.) (2) Minimum zoning lot: Same as underlying zone but in no event less than 6,000 square feet (3) Minimum lot width: Same as underlying zone (4) Minimum front yard: Same as underlying zone (5) Minimum rear yard: Same as underlying zone (6) Minimum side yard: Same as underlying zone but in no event less than 10 feet for manufactured homes (7) Maximum ground coverage: Same as underlying zone (E) Procedure: (1) An application for an amendment for the Manufactured Home Zone to the zoning map shall follow all procedural requirements for amendments as set forth herein, and, in addition, shall include the following information: (a) Site plan showing precise number, locations, and dimensions of all manufactured home lots, public or private drive or streets, illumination facilities, recreation or green areas, utilities, etc. Such site plan, if approved, shall form the basis for the issuance of a manufactured home park permit or as a preliminary subdivision study, whichever is the intention of the owner. (b) Data as may be requested by the chief building official to determine that the proposed manufactured home development will comply with all legal requirements. (F) Miscellaneous Provisions: (1) Supplementary regulations shall be complied with as defined herein. I ~36-37. CD - Commercial Development Zone (A) Purpose: So as to permit a more flexible regulation of land use and so as to more fully implement comprehensive planning for large parcels of land proposed for commercial use, a district is hereby created to be called "CD-Commercial Development Zone." (B) Boundaries: The boundaries of the CD-Commercial Development Zone shall be fixed by amendment of the Official Zoning Map, at such times in the future as such district is applied to properties within the City's zoning jurisdiction. (C) Limitations: (1) In a CD-Commercial Development Zone 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 Zone 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 (5) No building or other permanent structure, nor parking lot, shall be located within 30 feet of any public street, right-of-way, or property line (6) The maximum ground coverage shall not exceed 50% of each site within the CD Zone. (7) The minimum off-street parking requirement shall be provided as defined in 936-35 of this chapter. (D) Ownership: A CD-Commercial Development Zone 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 Zone. (E) 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. I - 26- ,- Approved as to Form ... 00; January 10, 2001 '" Ci f!i. torney I ORDINANCE NO. 8652 (Cont.) I (6) Specific retail uses, such as: Automobiles, automobile parts and accessories, automobile trailers, appliances, beverages, bicycles and bicycle accessories (including rental), boats, books, bronzes, cameras and film, candy, carpets, clothing, confections, curios, dairy products, drugs, dry goods, electrical goods, fish (dressed), furniture, flowers, furs, groceries, guns, hardware, instruments (musical, professional or scientific), hats, jewelry, liquor, meats, motor vehicles, newspapers and magazines, notions, paint, paintings or art work, pastries, porcelain, poultry (dressed), radios, seed, shoes, sporting goods, stationery, television sets. (7) Specific agency uses such as: Advertising, airplane broker (no merchandise), bakery, cleaning and dyeing, collection, dancing school or academy, detective (private), employment, laundry, messenger service, real estate, telephone answering, travel. (8) Specific shops such as: Barber and/or beauty, child care, dressmaking, embroidery, hobby, knit, locksmith, pet shop or school, shoe repair, specialty, tailor, television, and appliance repair, watch repaIr. (9) Specific use such as: Advertising distribution, art studio or school, assaying, automobile service station, automobile wash, bank, billiard hall, bowling alley, cafe or restaurant, clinic, coin operated laundry or dry cleaning establishments, decorators studios, delicatessen, dental laboratory, department store, drive-in food and/or beverage establishments, financial institutions, fine arts gallery, garden supplies including nursery stock, ice delivery stations, library (circulating or commercial), music store, music studio, school, photographers studio, recreation center and/or facilities, reducing salon, refreshment stand, tavern (bar or cocktail lounge), telegraph office, theaters, vending machines, X-ray operators and laboratories. (10) Motel and hotel uses. (F) Pennitted Accessory Uses: (I) Buildings and uses accessory to the permitted principal use. (G) Permitted Conditional Uses: The following uses may be permitted, if approved by the city council, in accordance with the procedures set forth in Article VIII and X of this chapter: (1) Towers (H) 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 VIII 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: (a) 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. (b) Preliminary drawings or renderings in sufficient detail so that the character of the development may be so determined. (c) Evidence as to the methods of retaining, maintaining, and protecting the open space, green areas, recreational facilities, etc. (d) Development schedule as to construction phases of buildings, open space, recreational areas, parking facilities, etc., and estimated completion time. (e) Evidence of ownership or control of the entire parcel to be used as a planned unit development by a single person, association, firm, etc., as defined herein. (f) 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: (a) That the proposed development will be in the public interest, in harmony with the purpose of this chapter and with comprehensive plans for the City and will not adversely affect nearby property. I - 27 - Approved as to Form January 10. 2001 I ORDINANCE NO. 8652 (Cont.) I (b) That adequate, safe, and convenient pedestrian and vehicular traffic ways and facilities are provided. (c) 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. (5) Procedure and action by the city council shall be the same in considering an amendment to a CD- Commercial Development Zone as in Article VIII of this chapter. (I) Miscellaneous Provisions: (1) 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. Minor adjustments in orientation, height or bulk of buildings, or decrease in number of buildings may be approved by the Planning Commission. (3) 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 Zone, 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: (a) 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. (b) 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 Zone will be governed by the approved final development plan exclusively. (c) 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: (i) Any minor extensions, alterations, or modifications of existing buildings or structures may be authorized by the Planning Commission 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. (ii) Any uses not authorized by the approved final plan but allowable as a permitted use in a CD Zone under this section may be added to the final development plan under the procedures provided in Article VIII of this chapter. (iii) 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 (iv) hereof. (iv) 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 VIII of this chapter 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 I - 28 - Approved as to Form T C(f\-' January 10, 2001 '" City Attorney I ORDINANCE NO. 8652 (Cant.) 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. I ~36-38. TD - Travel Development Zone Purpose: To provide for only those trade and service uses in connection with federal interstate highway interchanges as are needed and considered appropriate to the location. (A) Permitted Principal Uses: (1) Motels and/or hotels (2) Restaurants and cafes, with or without drive-in facilities (3) Lounges and/or taverns (4) Automobile service stations and truck service centers (5) Automobile and truck wash (6) Billboards (B) Permitted Accessory Uses: (I) Buildings and uses accessory to the permitted principal use (C) Permitted Conditional Uses: The following uses may be permitted, if approved by the city council, in accordance with the procedures set forth in Article VIII and X of this chapter: (I) Utility substations (2) Motor home and travel trailer parks and camping facilities (3) Recreational uses such as amusement parks, miniature golf courses, exhibition halls and centers (4) Towers (D) Specifically Excluded Uses: (1) Any residential use except caretaker's or watchman's quarters within the principal building (E) Space Limitations: (1) Minimum lot area: 40,000 square feet (2) Minimum lot width: 200 feet (3) Maximum height of building: 50 feet (4) Minimum front yard: 50 feet (5) Minimum side yard: 10 feet (6) Minimum rear yard: 20 feet (7) Maximum ground coverage: 60% (F) Miscellaneous Provisions: (I) Landscaping shall be provided in the entire area of all required front yards except for necessary paving of walkways and of driveways to reach parking and loading areas in the side or rear yards, provided, that any driveways in the front yard shall not be wider than 30 feet. Landscaping shall include but is not limited to screen plantings, lawn area, pools, trees, shrubs, fences, and walls. Crushed rock, gravel, bark chips, etc., shall not substitute for lawn area. Landscaping shall be provided within two years of issuance of the occupancy permit for the principal structure and thereafter be properly maintained. (2) Supplementary regulations shall be complied with as defined herein. (3) Only one principal building shall be permitted on one zoning lot, except as otherwise provided herein. I ~36-39. RD - Residential Development Zone (A) Purpose: So as to permit a more flexible regulation of land use, and so as to more fully implement comprehensive planning for large parcels of land proposed predominantly for residential use, a district is hereby created to be called RD-Residential Development Zone. (B) Boundaries: The boundaries of RD-Residential Development Zone shall be fixed by amendment of the Official Zoning Map at such times in the future as such district is applied to properties within the City's Zoning jurisdiction. (C) Limitations: - 29 - Approved as to Form T a:fl.: January 10.2001 .... City Attorney I ORDINANCE NO. 8652 (Cont.) I (1) In an RD Zone 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 residential units and for all employee's, visitor's, and user's vehicles, and such parking, loading, or service areas that shall be used for motor vehicles, and shall be located within the boundary lines of the RD Zone, 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. (5) No residential building or other permanent residential structure, nor parking lot, shall be located within 30 feet of any public street, right-of-way, or property line. (6) The maximum ground coverage shall not exceed 30 percent of each site within the RD Zone. (7) The minimum off-street parking requirement shall be two parking spaces for every dwelling unit, plus one for each full-time employee. (8) In the alternative to complying with the 30 foot buffer strip or setback as identified in subsections (4) and (5) above, a ten (10) foot wide landscaped screen compliant with the installation requirements of g36-5l may be utilized; provided, the required area provisions of g36-5l(G)(1) shall not apply. (D) Ownership: An RD Zone shall require a tract of land which is developed as a unit under single designated control by a common ownership at the time it is certified as an RD Zone. (E) Permitted Uses: (1) Uses as listed under permitted principal uses of the TA, Rl, R2, R3, and R4 Zones except as listed under specifically excluded uses. (2) Nonprofit community buildings and social welfare establishments other than those providing living accommodations. (F) Specifically Excluded Uses: (1) Railway right-of-way, including railway yards or facilities. (2) Truck, bush, and tree farming. (3) Boarding and lodging housing, fraternity and sorority houses. (4) Nonprofit community buildings and social welfare establishments providing living accommodations. (5) Nonresidential uses. (G) Permitted Accessory Uses: Buildings and uses accessory to the permitted principal use. (H) Permitted Conditional Uses. The following uses may be permitted, if approved by the city council, in accordance with the procedures set forth in Article VIII and X of this chapter: (1) Towers (I) Procedure: (1) An application to establish an RD Zone shall be initiated in the manner prescribed in Article VIII 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: (a) 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 services, private or dedicated drives or streets, etc. (b) Preliminary drawings or renderings in sufficient detail so that the character of the development may be determined. (c) Evidence as to the methods of retaining, maintaining, and protecting the open space, green areas, recreational facilities, etc. (d) Development schedule as to construction phases of buildings, open space, recreational areas, parking facilities, etc., and estimated completion time. (e) Evidence of ownership or control of the entire parcel to be used as a planned unit development by a single person, association, firm, etc., as defined herein. I - 30 - Approved as to Form T January 10, 2001 ... City Attorney I ORDINANCE NO. 8652 (Cont.) I (f) 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 herein, the Planning Commission shall determine the following factors. (a) That the proposed development will be in the public interest, in harmony with the purpose of this ordinance and with comprehensive plans for the City, and will not adversely affect nearby property. (b) That adequate, safe, and convenient pedestrian and vehicular trafficways and facilities are provided. (c) That the development to be permitted shall be for the purpose of developing an integrated site plan in conformity with the regulations for an RD 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. (5) Procedure and action by the city council shall be the same in considering an amendment to the RD Zone as in Article VIII of this chapter. (1) Miscellaneous Provisions: (1) It is intended that plans required for review and approval must be in a form that will satisfy the requirements of the subdivision ordinance 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. 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. Minor adjustments in orientation, height or bulk of buildings, or decrease in the number of buildings may be approved by the Planning Commission. (3) 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 an RD Zone, 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 months in the event of special and unique hardships and circumstances. (4) Control of the development following completion: (a) 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. (b) 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 residential development will be governed by the approved final development plan exclusively. (c) 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. (i) Any minor extensions, alterations, or modifications of existing buildings or structures may be authorized by the Planning Commission 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. (ii) Any uses not authorized by the approved final plan, but allowable in the residential development as a permitted use in an RD Zone may be added to the final development plan under the procedures provided in Article VIII of this chapter. (iii) 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 (iv) hereof. I - 31 - Approved as to Form T CSi"Y January 10, 2001 .. City Attorney I ORDINANCE NO. 8652 (Cont.) (iv) 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 VIII of this chapter. 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 residential 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 approved or by changes in the comprehensive planning and development policy of the City. I ~36-40. -A - Airport Zone Purpose: To provide an overlay zone to permit landing fields for all types of aircraft. This overlay zone may be applied to any base zone upon final approval. Appropriate airport approach and turning zones must be identified. (A) Permitted Principal Uses: (1) Uses as listed under permitted principal uses in the zone or zones underlying the Airport Zone indication. (2) Landing fields for all types of aircraft, either private or commercial. (B) Permitted Accessory Uses: (1) Uses as listed under permitted accessory uses in the zone or zones underlying the Airport Zone indication. (2) Facilities accessory to the normal and continual operation of an airfield, but not to include general repair depots and other commercial or industrial operations normally found at all such airfields unless permitted in the underlying zone or zones. (C) Permitted Conditional Uses: The following uses may be permitted, if approved by the city council, in accordance with the procedures set forth in Article VIII of this chapter: (1) Uses as listed under permitted conditional uses in the zone or zones underlying the Airport Zone indication. (D) Space Limitations: (1) Same as listed under space limitations in the zone or zones underlying the Airport Zone indication. (E) Procedure: (1) An application for an amendment for an Airport Zone to the Official Zoning Map shall follow as procedure requirements for amendment as set forth in Article VIII of this chapter, and in addition, shall include the following information: (a) Site plan showing precise location and dimensions of all runways and facilities, buildings, and service areas, ramps and aprons, etc. (b) Diagram of all approach and clear zones, glide paths, etc. (c) A report from the Federal Aviation Agency on the proposed airport usage and approval of the intended location. (F) Miscellaneous Provisions: (1) Same as listed under miscellaneous provisions in the zone or zones underlying the Airport Zone indication. ~36-41. ~36-42. ~36-43. ~36-44. Reserved Reserved Reserved Reserved I - 32 - Approved as to Form T January 10, 2001 ... City Attorney I ORDINANCE NO. 8652 (Cont.) Article III. Supplementary Regulations I ~36-45. General Non-Residential Provisions (A) Residential Use in Business Zone: Dwelling units shall be permitted in Business Zones, provided, that the minimum lot area per dwelling unit and zoning lot area requirement for the R4 Zone shall apply in the Bland B2 Zones, and the requirement for the RO Zone shall apply in the B3 Zone. (B) Fire Hazards: Any operation which involves the use of heating fuels, motor fuels, acids, liquids or grinding processes, welding gases or other highly flammable gases shall be in accordance with rules and regulations of the State of Nebraska and the City of Grand Island. (C) Noise: No operation shall emit a noise level detectable at the exterior property line that is in excess of the traffic noise of the adjacent street at the time of daily peak hour traffic volume. All noises shall be muffled so as not to be objectionable due to intermittence, beat, frequency or shrillness. (D) Liquid or Solid Waste: No operation shall discharge from any source whatsoever into a sanitary or storm sewer, water course, or the ground, liquid or solid wastes of a radioactive nature or of a chemical nature that is detrimental to normal water pollution control plant operations, corrosive or damaging to pipes and installations, or may tend to be injurious to human, plant, or animal life or otherwise be considered as a contaminant or hazardous material. (E) Air Pollution: No operation shall discharge from any source whatsoever into the atmosphere any material, contaminant, or any combination thereof, in such quantities or of such duration which are or may tend to be injurious to human, plant, or animal life, or property, or which interferes with the normal enjoyment of life, property, or the conduct of business. (F) Gases: No operation shall discharge from any source whatsoever any gases of any kind in such quantities or of such duration which are or may tend to be injurious to human, plant, or animal life, or property, or which interferes with the normal enjoyment oflife, property, or the conduct of business. (G) Odor: No operation shall discharge from any source whatsoever any odor detectable at the exterior property line that is generally agreed to be obnoxious by the public, or which interferes with the normal enjoyment oflife, property, or the conduct of business. (H) Glare and Heat: No operation shall emit any glare or heat from any source whatsoever that shall be detectable at the exterior property line. (I) Physical Appearance: Junk yards, salvage, auto wrecking and other similar operations shall be effectively enclosed or shielded from adjacent properties on all sides by means of a sight-obscuring fence at least eight (8) feet in height in good repair, or similar screening approved by the chief building official. ~36-46. Airport Approach and Turning Zones (A) Height Restrictions: Notwithstanding height restrictions specified for any specific zone set forth herein, no building, vegetation, or use of land shall be constructed, moved in, or permitted to grow to a height exceeding the limits indicated on the zoning district map entitled "Airport Approach and Turning Zone" as shown on a zoning map prepared by the Nebraska Department of Aeronautics, Engineering Division, dated November 12, 1974, and revised January 17, 1985, for the Grand Island Air Park, Grand Island, Nebraska, and on file with the city clerk, which is part of this ordinance. I ~36-47. Flood Hazard Zone (A) PUT/Jose: It is the purpose of this section to recognize that certain areas within the jurisdiction of the City of Grand Island are subject to periodic inundation which adversely affects public health, safety, and welfare of the area, and to provide the public with information concerning this surface water hazard. Flood losses are caused by the cumulative effect of obstructions in floodways and by occupancy of flood hazard areas by uses vulnerable to flooding conditions due to inadequate elevation or flood protection. In order to minimize future flood losses, this section will establish special standards to provide for flood protection as herein required and to assure that continued eligibility is maintained for the National Flood Insurance Program. This section is in compliance with the National Flood Insurance Program Regulations as - 33 - Approved as to Form " January 10. 2001 ... City Attorney I ORDINANCE NO. 8652 (Cont.) I published in the Federal Register, Volume 41, Number 207, dated October 26, 1976, and the 1967 Nebraska Flood Plains Regulations Act. (B) Definitions: The following definitions are provided in order to give common meaning and usage for this section and so as to give this section its most reasonable application: Actuarial Rates or "Risk Premium Rates" are those rates established by the Federal Insurance Administrator pursuant to individual community studies and investigations which are undertaken to provide flood insurance in accordance with 42 U.S.c. 4014 and the accepted actuarial principles. Actuarial rates include provisions for operating costs and allowances. Channel A natural or artificial watercourse of perceptible extent, with a definite bed and banks to confine and conduct continuously or periodically flowing water. Channel flow, thus, is that water which is flowing within the limits of a defined channel. Commission Floodwav See Floodway Fringe definition. Community Any state or area or political subdivision thereof which has authority to adopt and enforce flood plain management regulations for the areas within its jurisdiction. Development Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations. Flood Elevation Determinations A determination of the water surface elevations of the lOa-year flood; that is, the level of flooding that has a one percent chance of occurrence in any given year. FLOOD INSURANCE RATE MAP (FIRM) An official map of a community, on which a Flood Insurance Study of the Natural Flood Insurance Program has delineated the Flood Hazard Boundaries and the zones establishing insurance rates applicable to the community. Flood Plain Study The official report containing flood profiles, water surface elevations and delineation of the floodway (FW) and floodway fringe (FF) areas of the lOa-year flood plain. This study is provided by the Federal Insurance Administration, Flood Insurance Study, and/or the Nebraska Natural Resources Commission, Flood Plain Study. Flood Plain Management The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plan, flood control works, and flood plain management regulations. Flood Protection System Those physical structural works constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard." Such a system typically includes levees or dikes. These specialized modifying works are those constructed in conformance with sound federal and state engineering standards. Flood Proofinz Any combination of structural and nonstructural additions, changes or adjustments to structures, including utility and sanitary facilities, which would preclude the entry of water. Basement walls shall be built with the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy resulting from one foot above the lOa-year frequency flood and shall be designed so that minimal structural damage will occur if this design is exceeded. Floodwav (FW) The channel of a river or other watercourse and the adjacent portion of the flood plain that must be reserved in order to discharge the lOa-year flood without cumulatively increasing the water surface elevation more than one foot at any point, assuming equal conveyance reduction outside the channel from the two sides of the flood plain; also referred to as the SELECTED FLOODWAY. Floodwav Fringe (FF) That area of the flood plain, outside of the floodway, that on the average is likely to be flooded once every 100 years (i.e., that has a one percent chance of flood occurrence in any one year); also referred to as the Commission Floodwav. Highest Adiacent Grade The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Lowest Floor The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance. I - 34 - Approved as tb Form T Lf?'1; January 10, 2001 .... erry}.,tto:y I ORDINANCE NO. 8652 (Cont.) I Manufactured Home A structure, transportable in one or more sections, which is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected to the required utilities. For flood plain management purposes, the term includes park trailers, travel trailers, and other similar vehicles placed on the site for greater than 180 consecutive days. Manufactured Home Park or Subdivision A parcel (or contiguous parcels) of land which has been divided into two or more lots for rent or sale and the placement of manufactured homes. New Construction Those structures where new or substantial improvement of which is begun after December 31, 1974, or the effective date of the official Flood Plain Study, whichever is later. Overlav District A district which acts in conjunction with the underlying zoning district or districts. Ref!ulatorv Flood Elevation Elevation indicated in the official flood plain study as the elevation of the 100-year flood. Regulatory Flood Protection Elevation An elevation one foot higher than the water surface elevation of the regulatory flood. Selected Floodwav See Floodway definition Start of Construction Includes substantial improvement, and means the date the building permit was issued, provided, the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main structure. Structure A walled and roofed structure including a gas or liquid storage tank that is principally above ground, including but without limitation to buildings, factories, sheds, cabins, manufactured homes, and other similar uses. Substantial Damage Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. Substantial ImlJrovement Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage" regardless of the actual repair work performed. The term does not, however, include either (1) any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by local code enforcement and which are the minimum identified by local code enforcement and which are the minimum necessary to assure safe living conditions, or (2) any alteration will not preclude the structure's continued designation as a "historic structure." (C) Methodolo>!V: This section uses a reasonable method of analyzing flood hazards which consists of a series of interrelated steps: (1) Selection of a regulatory flood which is based upon engineering calculations which permit a consideration of such flood factors as its expected frequency of occurrence, the area inundated, and the depth of inundation. The regulatory flood selected for this ordinance is representative of large floods which are reasonably characteristic of what can be expected to occur on the particular streams subject to this ordinance. It is in the general order of a flood which could be expected to have a one percent (1 %) chance of occurrence in anyone year as delineated in the official flood plain study and illustrative materials dated September 2, 1982, as amended. (2) Calculation of water surface profiles based upon a hydraulic engineering analysis of the capacity of the stream channel and overbank areas to convey the regulatory flood. (3) Computation of the floodway required to convey this flood without increasing flood heights more than one foot at any point. I - 35 - Approved as to Form ... ~ January 10, 2001 '" City Attorney I ORDINANCE NO. 8652 (Cont.) I (4) Delineation of floodway encroachment lines within which no obstruction is permitted which would cause any increase in flood height. (5) Delineation of floodway fringe, i.e., that area outside the floodway encroachment lines but which still is subject to inundation by the regulatory flood. (D) Jurisdiction: The jurisdiction of this section shall be as stated in this chapter and for which there is hereby adopted the maps entitled, "Flood Boundary and Floodway Map" for Grand Island, Nebraska, from the Federal Emergency Management Agency and dated March 2, 1983, and as said map may be amended from time to time by letters of Map Amendment from FEMA. In addition, upon annexation of land which results in the extension of the jurisdictional area, any lands previously within the Hall County Floodway Fringe or Floodway shall be recognized and enforced similarly by the City of Grand Island under the same designations and delineations until an amended map is provided by the Federal Emergency Management Agency. In all areas covered by this section, no development shall be permitted except by permit to develop granted by the governing body or its duly designated enforcement officers under such safeguards and restrictions as hereinafter set forth for the promotion and maintenance of the general welfare, health, and safety of the inhabitants within the jurisdiction of the City. (E) Administration: The city administrator or his or her designated appointee shall be the official enforcement officer of the City to administer and implement the provisions of this section. Duties of the enforcement officer shall include, but not be limited to: (I) Review all development permits to assure that sites are reasonably safe from flooding and that the permit requirements of this ordinance have been satisfied. (2) Review permits for proposed development to assure that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required. (3) Notify adjacent communities and the Nebraska Natural Resources Commission FloodPlain Management Section prior to any alteration or relocation of a watercourse, and shall submit evidence of such notification to the Federal Insurance Administration when participating in the National Flood Insurance Program. (4) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. (5) Require verification of the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new to substantially improved structures by a licensed professional engineer, architect, or surveyor, prior to issuing a certificate of occupancy for such structures. (6) Require verification of the actual elevation (in relation to mean sea level) to which new or substantially improved structures have been floodproofed by the contractor, licensed professional engineer, or architect responsible for said floodproofing, prior to issuing a certificate of occupancy for such structures. (7) Require certification of floodproofing wherever floodproofing is utilized on a new or substantially improved structures, from a licensed professional engineer or architect. (F) Permit: No person, firm, or corporation shall initiate any development or substantial improvement or cause the same to be done without first obtaining a separate permit for development for each development as defined herein, to obtain a permit, the applicant shall file an application in writing on a form furnished for that purpose. The application shall: (1) Identify and describe the work to be covered by the permit. (2) Describe the land on which the proposed work is to be done by lot, block, tract, and house and street address, or similar description that will readily identify and definitely locate the proposed building or work. (3) Indicate the use or occupancy for which the proposed work is intended. (4) Be accompanied by plans and specifications for proposed construction. (5) Be signed by the permittee or his authorized agent who may be required to submit evidence to indicate such authority. (6) Give such other information as reasonably may be required by the enforcement officer. (G) Disclaimer of Liabilitv: The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger I - 36 - Approved as to Form T ~ January 10, 2001 ... City Attorney I ORDINANCE NO. 8652 (Cont.) I floods may occur on rare occasions or the flood height may be increased by manmade or natural causes, such as ice jams or bridge openings restricted by debris. This section does not imply that areas outside floodway and floodway fringe district boundaries or land uses within such districts will be free from flooding or flood damages. This section shall not create liability on the part of the City of Grand Island or any officer or employee thereof for any flood damages that may result from reliance on this section or any administrative decision lawfully made thereunder. (H) Establishment of Flood Hazard Districts: The mapped flood hazard areas within the jurisdiction of the City are hereby divided into two districts: a floodway overlay district and a floodway fringe overlay district identified in the Flood Insurance Study on the maps entitled, "Flood Boundary and Floodway Map." Within these districts all uses are meeting the standards of this section and of those uses not listed in the underlying zoning district shall be prohibited. These districts shall be consistent with the numbered and unnumbered A zones as identified on the official FIRM when identified in the Flood Insurance Study as provided by the Federal Insurance Administration. (I) Standards for Floodwav Fringe Overlay District: All uses permitted in the underlying zoning district shall be permitted subject to the following standards: (1) All applications for building permits for major repairs shall assure utilization of construction materials and utility equipment that are resistant to flood damage and utilize construction methods and practices that will minimize flood damage. (2) All new construction, subdivision proposals, substantial improvements, prefabricated buildings, placement of manufactured homes, and other development shall be designed and anchored to prevent flotation, collapse or lateral movement of the structure due to flooding. (3) All mechanical and utility equipment shall be elevated to a minimum of one foot above the elevation of the 100-year flood or designed so as to prevent water from entering or accumulating within the components during conditions of flooding. (4) All new or replacement water and/or sanitary sewer systems shall be designed and constructed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into the flood waters, and on-site waste disposal systems shall be located to avoid impairment or contamination during flooding. (5) All new construction or substantial improvements of existing structures shall have the lowest floor, including basements, elevated to a minimum of one foot above the elevation of the 100-year flood plain, or together with attendant utility and sanitary facilities, be floodproofed to a minimum of one foot above the elevation of the 100-year flood plain. Uninhabited garage floors shall be at the elevation of the 100-year flood plain or higher. The floodproofing method shall be certified by a professional registered engineer or architect. (6) The storage or processing of materials and equipment that are in time of flooding buoyant, flammable, explosive or potentially injurious to human, plant, or animal life, shall be prohibited. Storage or processing of other materials and equipment must be allowed if not subject to major damage by floods and firmly anchored to prevent flotation, or if readily removable from the area within time available after flood warning. (7) All manufactured homes to be placed or substantially improved within Zones AI-30, AH, and AE, shall be elevated such that the lowest floor of the manufactured home is a minimum of one foot above the elevation of the 100-year flood and be adequately anchored in accordance with state and local prOVlSIOns. (8) All new subdivision proposals and other proposed new development shall be required to assure that: (a) all such proposals are consistent with the need to minimize flood damage; (b) all public utilities and facilities, such as sewer, gas, electrical, and water systems are located, elevated, or constructed to minimize or eliminate flood damage; (c) adequate drainage is provided so as to reduce exposure to flood hazards; (d) proposals for development greater than five (5) acres or fifty (50) lots, whichever is lesser, including manufactured home parks and subdivisions, shall include with such proposals the 100- year flood elevation data. I - 37 - Approved as to Form T ~ January 10, 2001 ... City Horney I ORDINANCE NO. 8652 (Cont.) I (J) Standards for Floodwav Overlay District: Only uses having a low flood damage potential and not obstructing flood flows shall be permitted within the floodway, provided, they are permitted in the underlying zoning district, and provided, they do not require structures, fill, or storage of materials or equipment. No use shall increase the elevation of the 100-year flood for the reach in which the proposed use is located. The following uses shall be permitted in the Floodway unless otherwise prohibited by the underlying zoning district or other sections of the ordinance: (1) Agricultural uses such as general farming, pasture, nurseries and forestry; (2) Residential uses such as lawns, gardens, parking, and play areas; (3) Non-residential uses such as loading areas, parking, and airport landing strips; (4) Public and private recreational uses such as golf courses, archery ranges, picnic grounds, parks, wildlife and nature preserves. (K) Variances: The following guidelines shall be considered by the Board of Adjustment when considering appeals from the requirements of the floodway fringe and floodway standards; provided further, that the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or a State Inventory of Historic Places may be granted a variance without regard to the guidelines: (1) Variances may not be granted within any designated floodway if any increase in flood levels during the base flood discharge would result. (2) Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level. (3) Variances shall only be issued upon showing of a good and sufficient cause, a determination that failure to grant the variances would result in exceptional hardship to the applicant, and a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with other local laws or ordinances. (4) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (5) The applicant shall be notified in writing, over the signature of the secretary of the board, that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts of $25 per $100 of insurance coverage and that such construction below the base flood level increases risks to life and property. A copy of such notification shall be maintained as a part of the record for all variance actions. (6) Records of all variance actions under this section shall be maintained, including justification for their issuance and shall be reported in the annual report to the Federal Emergency Management Agency. I ~36-48. Off-Street Parking Requirements (A) Purposes: (I) 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 98-22. (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 - 38 - Approved as to Form T January 10, 2001 A City Attorney I ORDINANCE NO. 8652 (Cont.) I 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: (1) Central Business District as identified and described in Chapter 13 of this code as the Downtown Improvement and Parking District No.!. (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. (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 ordinance 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 use served except as listed under the provisions of this section. 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 or carports. 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 anyone 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. No driveway or curb cuts shall exceed twenty-six feet in width in residential districts, or thirty-five feet in width in business or industrial/manufacturing districts, and 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 such as 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 TA Zoning District or of property within an Rl, R2, R3, R4 or RD 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 I - 39 - Approved as to Form .... ~ January 10, 2001 ... I Y Attorney I ORDINANCE NO. 8652 (Cont.) I be taken by the owners of 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 umeasonable 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, 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 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 the zoning 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. (M) Required Spaces: Minimum off-street parking and loading spaces for specific uses shall be provided as follows: (1) Use: Assembly halls, gymnasiums, parks, race tracks, convention halls, auditoriums, stadiums, theaters, or similar place of public assembly. Required Parking: One space for every two employees, plus one space for every two seats where seats are provided, or one space for every 50 square feet. Where individual seats are not provided, each twenty inches of benches or similar seating facility shall be considered as one seating space. Parking Location: On same lot or within 500 feet. Required Loading: One space. (2) Use: Boarding, rooming, or lodging houses. Required Parking: One space for every guest bedroom, plus one space for the owner, manager, or custodian. Parking Location: On same lot or within 300 feet. Required Loading: None. (3) Use: Bowling Alleys. Required Parking: Five spaces per alley, plus one space for each employee. Parking Location: On same lot or within 300 feet. Required Loading: One space. (4) Use: Churches. Required Parking: One space for every four seating spaces. Where individual seats are not provided, each 20 inches of benches or similar seating facility shall be considered as one seating space. Parking Location: On same lot or within 300 feet. Required Loading: None. (5) Use: Clubs or Lodges, Without Rooms. Required Parking: One space for each two employees, plus one space for every 200 square feet. Parking Location: On same lot or within 300 feet. Required Loading: One space. I - 40 - Approved as to Form T January 10.2001 ... City Attorney I ORDINANCE NO. 8652 (Cont.) I (6) Use: Convalescent homes, sanitariums, asylums, nursing homes, and children's homes. Required Parking: One space for each employee, including nurses, plus one space for each staff or visiting doctor, plus one space for every four patient beds. Parking Location: On same lot or within 500 feet. Required Loading: One space. (7) Use: Dance halls, skating rinks, or similar active recreational facilities. Required Parking: One space for each employee, plus one space for every 100 square feet of floor area. Parking Location: On same lot or within 500 feet. Required Loading: One space. 8) Use: Dormitories, fraternities, or sororities. Required Parking: One space for each two employees, plus one space for every two bed spaces. Parking Location: On same lot or within 300 feet. Required Loading: None. (9) Use: Dwelling Units. Required Parking: Two spaces for each dwelling unit. Parking Location: On same lot; however, structures containing 4 or more dwelling units may provide the required parking spaces within 500 feet. Required Loading: None. (10) Use: Funeral Homes and Mortuaries. Required Parking: One space for each employee, plus space for each family resident on the premises, plus one space for ever three seating spaces. Parking Location: On same lot or within 500 feet. Required Loading: None. (ll)Use: Hospitals. Required Parking: One space for each two employees, including nurses, plus one space for each staff or visiting doctor, plus one space for every four patient beds. Parking Location: On same lot or within 500 feet. Required Loading: One space, plus one space for every 100,000 sq. ft., plus one space for each ambulance or other emergency vehicle. (12)Use: Hotels. Required Parking: One space for every two employees on the largest shift, plus two spaces for every three guest rooms. Parking Location: On same lot or within 500 feet. Required Loading: One space, plus one additional space for each 35,000 sq. ft. (13) Use: Industrial and Manufacturing Plants. Required Parking: One space for each employee on largest shift, plus five percent of the total number of spaces on the largest shift. Parking Location: On same lot or within 300 feet. Required Loading: One space, plus one additional space for each 35,000 sq. ft. (14) Use: Libraries, museums, exhibition halls, post offices, and similar facilities. Required Parking: One space for every 400 square feet of floor area. Parking Location: On same lot or within 500 feet. Required Loading: One space. (15) Use: Medical and dental clinics and offices. Required Parking: Five spaces for each doctor or dentist. Parking Location: On same lot or within 300 feet. Required Loading: One space. ( 16) Use: Manufactured home. Required Parking: Two spaces for each manufactured home space. Parking Location: On same lot or within 300 feet. Required Loading: None. I - 41 - Approved as to Form .., ~ January 10, 2001 ... City ttorney I ORDINANCE NO. 8652 (Cont.) I (17) Use: Motels and tourist cabins or homes. Required Parking: One space for each guest room, plus one space for the manager, plus one space for each employee on the largest shift. Parking Location: On same lot or within 300 feet. Required Loading: None. (18) Use: Offices, public and private. Required Parking: One space for every 200 square feet of floor area. Parking Location: On same lot or within 300 feet. Required Loading: None. (19) Use: Restaurants, bars, taverns, night clubs, and similar uses. Required Parking: One space for each two employees, plus two spaces for every five seating spaces. Parking Location: On same lot or within 300 feet. Required Loading: One space. (20) Use: Retail businesses, banks, department stores, personal service establishments, and repair and service shops. Required Parking: One space for each two employees, plus one space for every 200 sq. ft. of floor area. Parking Location: On same lot or within 300 feet. Required Loading: One space plus one space for every 20,000 sq. ft. over the first 5,000 sq. ft. (21) Use: Schools, elementary and junior high (public, private, or parochial). Required Parking: One space for each employee, including teachers and administrators, plus one space for 15 students, based on the design capacity of the school. Parking Location: On same lot or within 300 feet. Required Loading: Space or spaces for the safe and convenient off-street loading and unloading of students. (22) Use: Schools, high, trade, business, universities, and colleges (public, private or parochial). Required Parking: One space for each employee, including teachers and administrators, plus one space for every six students based on the design capacity of the school. Parking Location: On same lot, or within 500 feet. Required Loading: One space, plus one or more spaces for safe loading and unloading of students. (23) Use: Senior citizen housing developments (persons 62 years of age and over, or handicapped persons). Required Parking: One space for each two dwelling units plus one for each employee Parking Location: On same lot or within 300 feet. Required Loading: None. (24) Use: Veterinary clinics and offices. Required Parking: Four spaces for each doctor. Parking Location: On same lot or within 300 feet. Required Loading: One space. (25) Use: Warehouses, storage, wholesale, and mail order establishments. Required Parking: One space for each employee on largest shift, plus 5% of the total number of spaces required on the largest shift. Parking Location: On same lot or within 300 feet. Required Loading: One space, plus one space for every 20,000 sq. ft. over the first 4,000 sq. ft. of floor area. I ~36-49. Storage and Display Requirements All storage and display areas associated with automotive/truck/recreational vehicle sales or rentals shall be hardsurfaced in accordance with the requirements of 936-48. - 42- Approved as to Form .., ~ January 10. 2001 ... City Attorney I ORDINANCE NO. 8652 (Cont.) ~36-50. Accessory Building Regulations (A) General. Accessory buildings shall not be located within the required front yard setback of the lot and or within an easement. An accessory building on a comer lot shall have a setback from all public streets equal to or greater than the requirement for the existing principal building. There shall be a minimum setback of six (6) feet between accessory buildings. If an accessory building has a door opening of over six (6) feet in width on a side parallel to an alley, then such accessory building shall be located not less than eight (8) feet from the lot line abutting the alley. Detached accessory buildings shall not be allowed on more than 50% of the allowable lot coverage and no single detached accessory building shall exceed 35% of the allowable lot coverage (e.g. A 52.8' x 132' [6969.6 sq. ft.] lot in an R2 zoning district [35% allowable coverage] could cover 2438.31 sq. ft. of the lot with buildings. 1219.155 of that could be devoted to detached accessory buildings with no single building exceeding 853.4085 sq. ft.) Detached accessory buildings on parcels or lots with less than five (5) buildable acres shall not exceed the height of the principal building by more than 25% (e.g. A house with a peak height of 16 feet could have an accessory building with a peak height of 20 feet.) Detached accessory buildings on parcels or lots with five (5) or more buildable acres shall be limited by the height regulations that apply to the zoning district. (B) In Business and Manufacturing Zoning Districts: Accessory buildings shall comply with all requirements of this chapter for the principal building. (C) In Agricultural and Residential Zoning Districts: Accessory buildings shall be permitted only on the same platted lot as the principal building. Accessory buildings shall comply with all requirements of this chapter for the principal building if located within fifteen (15) feet of the principal building or when any part of the accessory building is located in the area between the required front yard setback and a line extending from the back of the principal building to the side lot line. Accessory buildings on lots with a frontage of 100 feet or more shall have a minimum side and rear yard of five feet. Accessory buildings on lots with a frontage ofless than 100 feet shall have a minimum side and rear yard of two feet. I ~36-51. Landscaping Regulations (A) Purpose: The landscaping and screening regulations are intended to improve the physical appearance of the community; to improve the environmental performance of new development by contributing to the abatement of heat, noise, glare, wind and dust; to promote natural percolation of storm water and improvement of air quality; to buffer potentially incompatible uses from one another; and, to protect and enhance the value of property and neighborhoods within the city. (B) Applicability: (1) The provisions of this section shall apply to the following zones: R3, R4, RO, Bl, B2, B2-AC, B3, ME, M1, M2, CD, RD and TD zones. Landscaping of lands within districts such as the Central Business District and Fourth Street Business District, as defined in this Code, shall be subject to Streetscape Improvement Projects where applicable. In the absence of such Projects, the provisions of this section shall apply. (2) The provisions of this section shall apply to all new development, including surface parking, on each lot or site upon application for a building permit, except as follows: (a) Reconstruction or replacement of a lawfully existing use or structure. (b) Remodeling, rehabilitation or improvements to existing uses or structures which do not substantially change the location or building footprint of existing structures, or the location and design of parking facilities or other site improvements. However, additions or enlargements of existing uses or structures, which increase floor area or impervious coverage, shall be subject to the provisions of this section, which shall only apply to that portion of the lot or site where the new development or use occurs. (c) Residential structures containing three dwelling units or less shall be exempt from the requirements of this section. (3) Landscaping which exists on any property shall not be altered or reduced below the minimum requirements of this section, unless suitable substitutions are made which meet the requirements of this section, pursuant to a site plan approved by the city. I - 43 - Approved as to Form " January 10, 2001 ... City Attorney I ORDINANCE NO. 8652 (Cont.) I (4) Any conflict between this section and another section of this chapter shall be resolved in favor of the more restrictive provision. (C) Nonconforming Status: Any property or use of property, which on the effective date of this section or any amendment hereto is lawfully nonconforming only as to the regulations relating to landscaping, may be continued in the same manner as if the landscaping were conforming. (D) Definitions: The following definitions shall be used for terms contained within this section: Buffer yard: A landscaped area provided to separate and significantly obstruct the view of two adjacent land uses or properties from one another. Canopy tree: A deciduous tree having a minimum mature height of 30 feet and a minimum caliper of 1 inch at the time of planting. One canopy tree equals two understory/ornamental or evergreen trees. Evergreen tree: An evergreen or conifer tree having a minimum mature height of 20 feet and a minimum 2 gallon container size or bare rootlball equivalent at the time of planting. Landscaped area: That area within the boundaries of a given lot consisting primarily of plant material, including but not limited to grass, trees, shrubs, flowers, vines, groundcover and other organic plant materials (this does not include plant materials typically used as a cash crop). Tall varieties of native and ornamental grasses may be planted and left in their nature state in selective and limited locations, deemed appropriate by the city. Inorganic materials such as brick, stones, aggregate, ponds or fountains may be used within landscaped areas, provided that such materials comprise no more than 35 percent of the required landscaped area. Flat concrete or asphalt, other than walkways five feet or less in width, may not be used within a required landscaped area. Minimum equivalent street landscavinJ!:: The minimum landscaped area which must be provided in a street yard, expressed as a percent of the total area contained within that street yard. Shrub: A deciduous or evergreen plant having a minimum height of 18 inches at the time of planting, with a maximum mature height ofless than 10 feet. Street yard: (I) The area of a lot or parcel which lies between any street property line and the fronting walls of any building or buildings on the parcel. The street yard shall follow all irregularities or indentations in the front wall of the building, excluding minor projections on indentations such as steps or unenclosed porches. For the purposes of defining the street yard area, the front wall shall be extended from the outermost comers of the building, parallel with the fronting street, until intersecting with the side property line (see Exhibit 36-36.1). Street yard depth shall not exceed 100 feet for the purposes of calculating the minimum equivalent street landscaping area requirement. (2) On lots or parcels with multiple buildings, the street yard area shall be defined by all building front walls having direct, visual frontage onto the street. Any space between buildings equal to 15 percent of the length of such frontage, but in no case more than 100 feet, shall be considered an extension of the continuous building front wall for the purpose of delineating the street yard. Understory/ornamental tree: A flowering or non-flowering deciduous tree having a maximum mature height of 30 feet and a minimum caliper of 2 inch at the time of planting. (E) Street Yard Landscaping Standards: (1) Street yard landscaping shall be provided adjacent to each street property line and within street yards, as set forth below, in accordance with an approved site landscaping plan: I Minimum Equivalent Street Landscaping Area Zoning District (as a percent of street yard) Minimum Landscaping Depth of Street Yard** R3 65% 20 feet R4 60% 10 feet RO 30% 10 feet B1 25% 10 feet - 44- Approved as to Form January 10, 2001 I ORDINANCE NO. 8652 (Cont.) B2 20%* 10 feet* B2-AC 20% 20 feet* B3 20% 10 feet* ME 20% 20 feet MI 20% 20 feet M2 20% 10 feet TD 30% 30 feet CD As determined by approved plan 30 feet RD As4~t~T@i!l~~~Y:lPPr.(?y~~pl:l!lm .mmmm m19f~~t()r.}9fe.e.t.()Pt.~()!l. ................ ............................ *unless otherwise established in an approved Streets cape Improvement Project. ** 30 feet for lots in RO, B 1, B2, B2-AC, B3, CD, TD, ME, MI and M2 zone adjacent to state or federal highway. I (2) When a lot contains more than one street frontage, the area of all street yards and the proposed street yard landscaped areas may be combined for the purposes of determining compliance with this section. (3) Any required street yard landscaping shall include the following minimum shrub and tree plantings (or an appropriate equivalent as determined by the city) for every 100 feet (any fraction of .5 or less rounded to the next lowest number; any fraction exceeding .5 rounded to the next highest number) of property line adjacent to a public street right-of-way: I canopy tree; 1 understory/ornamental or evergreen tree; 3 shrubs. Existing trees or shrubs approved for preservation shall be counted toward satisfaction of this provision. (F) Buffer Yard and Parking Landscaping Screening Standards: (1) Buffer yard landscaping shall be installed and maintained adjacent to the affected common side or rear property line(s), when a use is established in a more intensive zoning district located adjacent to a less intensive zoning district, as set forth below: More Intensive Zoning District Required Buffer Yard Width* Less Intensive Zoning District RO, B1, B2, B2-AC, B3, CD, TD 10 feet TA, RI, R2, R3, R4, RD ME, MI, M2 20 feet TA, RI, R2, R3, R4, RO, RD, ........ .......... ................................................. ......................... .......... mmmmm gJ:\T.Q1~12~?,~?~Ag1~~m *When an alley, street or railroad R.O.W. separates adjacent districts requiring a buffer yard, the buffer yard width shall be halved. I (2) Buffer yard landscaping is intended to provide screening of loading docks, refuse collection points, truck/equipment parking, sources of noise, glare, light, dust, or other negative impacts. Buffer yard landscaping shall include hedges or screens of evergreen or approved deciduous plant material, capable of providing a substantial opaque barrier, and attaining a minimum height of 6 feet within three years of planting. Opaque fencing may also supplement the vegetative plantings, but shall be installed no closer to the property line than 2 the width of the required buffer yard. (3) Buffer yard landscaping and parking landscaping screening strips shall not be placed on an easement. (4) A parking landscaping screening strip, having a minimum width of 6 feet, shall be installed along any parking area adjacent to a public street right-of-way. No parking area shall contain more than 100 spaces. If a greater number of parking spaces is required, separate parking areas shall be provided, and shall be separated from other parking areas by landscaped dividing strips, having a minimum width of 6 feet. These strips shall include trees, shrubs, grasses and other vegetative coverings for a creative aesthetic appearance. A parking landscaping screening strip shall also count towards meeting any requirements associated with minimum equivalent street or buffer yard landscaping. - 45 - Approved as to Form T ~ January 10, 2001 '" City ttorney I I I ORDINANCE NO. 8652 (Cout.) (G) (5) A development may continue to comply with the buffer yard landscaping requirements in effect at the time of issuance of its initial building permit, regardless of whether an adjacent lot or property is rezoned to a less restrictive zoning district which requires additional buffer yard landscaping. Site Plan Requirements: (1) A site plan showing the required street yard, buffer yard and/or parking screening landscaping shall be submitted to the city for review and approval as part of the application for a building permit. The plan shall include, but not be limited to the following: (a) Location of proposed landscaping drawn to scale. (b) Location, size, type and condition of proposed plant and non-plant landscaping materials including fences, walks, ponds, fountains, benches, lighting and irrigation systems. (c) Estimated date of completion of the installation of all plantings and finishing materials. Installation and Maintenance Requirements: (I) Required landscaping areas shall be installed and maintained in a neat, clean, orderly and healthful condition. Maintenance shall include proper pruning of trees and shrubs, mowing of lawn and grass areas, weeding, removal of litter, fertilizing, replacement of plants consistent with this section when necessary, and the regular watering of all plantings. (2) The installation of landscaping shall be completed prior to the issuance of any occupancy permit for buildings on the property, or commencement of the intended use of the property. (3) If, at the time of commencement of the intended use of the property or application for a certificate of occupancy, any required landscaping has not been installed or completed due to seasonal or climatic conditions or plant material being unavailable, the developer or owner of the property shall submit the following to the Building Department: ( a) A request for extension of the proposed completion date for installation of the required landscaping, stating the reason for the request, the property owner's current mailing address, and a commitment to complete the installation of the landscaping by a date certain, not to exceed six months from the building completion date. (b) A drawing showing the plan and layout of the landscaping areas. (c) A cost estimate for the installation of the landscaping area. (d) A bond, certificate of deposit, letter of credit, cash or other financial surety as may be approved by the City Attorney guaranteeing faithful performance of the owner or developer's commitment to complete installation of the required landscaping and payable to the City of Grand Island in the event that the developer fails to carry out the commitments described in sub-paragraph (a) above. (4) Upon approval of the foregoing request for extension of time to complete the landscaping installation, the owner or developer shall be issued a conditional certificate of occupancy or a conditional letter authorizing commencement of use of the property by the Building Department. The owner or developer shall complete the installation of the landscaping in accordance with the commitments made pursuant to sub-paragraph (a) above, and, upon inspection and approval by the Building Department, a certificate of occupancy or commencement of use letter shall be issued. All limitations on the use of the property relating to landscaping are deemed to be of no force or effect at that time, and the City shall release the surety or other security submitted by the owner or developer. (5) If the owner or developer has not installed the required landscaping with the commitments made pursuant to sub-paragraph (a) above, the owner or developer shall be deemed to have granted the City or its officers, employees, agents or representatives permission to enter upon the property to install the required landscaping in accordance with the plan submitted pursuant to sub- paragraph (c) above using the surety or security filed by the owner or developer as payment for said installation. The Building Department shall send the owner or developer written notice of default and intention to enter onto the property to install required landscaping by certified mail, return receipt requested, and ordinary first class mail sent to the last known address of said owner or developer at least five (5) business days prior to making such entry. (H) - 46- ...~~,... Approved as to Form . ~ January 10. 2001 ... I Y Attorney I ORDINANCE NO. 8652 (Cont.) ~36-52. Reserved ~36-53. Reserved ~36-54. Reserved ~36-55. Reserved I I - 47 - Approved as to Form T r:-~ January 10, 2001 '" City ttorney I I I EXHIBIT 36-36.1 1 . Street yard area defined. Building STREET YARD MINIMUM DEPTH OF LANDSCAPING PROPER1Y LINE ~ CURB LINE 2. Example of minimum equivalent street landscaping area allocation. The size of the street yard is 80 feet by 250 feet, or 20,000 square feet. In the B2 district, 20 percent of this area (4,000 square feet) must be landscaped. The minimum depth of the street landscaping from the front property line is ten feet. This accounts for 250 feet by 10 feet or 2,500 square feet of the required street yard landscaping. Therefore, an additional 1 ,500 square feet of landscaping is required. Diagrams (a), (b) and (c) give examples of how the street landscaping requirements could be satisfied. o W Q.. <( U (/)<( Ow 20::: :5<( 2 (0) Building 6' 10 2 (b) Building 10 2 (c) Building 16' Approved as to Form T ~ January 10, 2001 ... City Attorney I I I ORDINANCE NO. 8652 (Cont.) Article IV. Exceptions and Encroachments ~36-56. Setbacks (A) 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 SO feet. (B) Side Yard. Any interior side yard may be reduced to zero; provided, that the opposite side yard is twice 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 be agreeable to the zero setback. In either case an agreement or deed restriction and consent shall be in writing and so recorded on the property. A separation of not less than ten 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 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. ~36-57. Height Exceptions; General Rule Any building constructed, altered, or moved in after June 30, 1969, shall comply with the height limitation of the zone in which it is located except as specified herein. However, no exception shall exceed the height restrictions within an aircraft approach and turning zone. ~36-58. Height Exceptions; Appurtenances The following appurtenances may exceed the required height limitations of the zone in which it is located except as specified herein, provided, that they are normally required for a use permitted in the zones in which they are constructed and that the zoning official determines that such appurtenances will not be unduly detrimental to the surrounding property: flagpoles, chimneys, cooling towers, elevator bulkheads, belfries, penthouses for other than living purposes, grain elevators, stacks, silos, storage towers, observation towers, ornamental towers, monuments, cupolas, domes, spires, standpipes, and other necessary mechanical appurtenances and their protective housing. ~36-59. Height Exceptions; Electronic Towers Radio, television, microwave and other electronic transllliSSlOn or recelvmg towers may exceed the required height limitations of the zone in which it is located except as specified herein. ~36-60. Height Exceptions; Public Buildings Public and semi-public buildings such as hospitals, churches, sanitariums, schools and water reservoir towers may exceed the required height limitations of the zone in which it is located except as specified herein, and, provided, that such building shall provide one additional foot of yard space on each side for each foot that the building exceeds such height limitation. ~36-61. Yard Space; General Rule Any building or use hereafter constructed, altered or established shall comply with the yard space requirements of the zone in which it is located except as specified herein. The required yard space for any building or use shall be contained on the same zoning lot as the building or use and shall fall entirely upon land in the zone or zones in which the principal use is permitted. ~36-62. Yard Space; Eaves Eaves, cornices and similar features may extend one foot into a required yard space except that eaves may encroach three feet into a yard when such yard space is ten feet or more in width. - 49- Approved as to Form" ~ January 10, 2001 ... City Attorney I I I ORDINANCE NO. 8652 (Cont.) ~36-63. Yard Space; Chimneys Chimneys may extend two feet into any required yard space. ~36-64. Yard Space; Porches and Terraces Open, uncovered porches or terraces may extend three feet into any required side yard, ten feet into any required front yard, and any distance into any required rear yard. No railing or other barrier higher than 42 inches shall be placed on such porch or terrace within five feet of any property line except as provided within this ordinance. Any such porch or terrace located on a lot at the intersection of two streets or a street and an alley shall comply with the provisions designed to insure proper sight distances as set forth in this chapter for fences and hedges. A covered porch or terrace, not exceeding sixty square feet, may extend a maximum of six feet into the required front or rear yard, provided, such porch or terrace shall not be enclosed except by a railing or other barrier as previously mentioned. ~36-65. Yard Space; Rear Yard No structures or facilities shall occupy a required rear yard except as specified herein. ~36-66. Yard Space; Canopies Canopies and overhangs on any side of a business building may extend four feet into .a required yard space. ~36-67. Yard Space; Steep Slopes Reduction of required yard may be permitted after a finding by the Board of Adjustment that topographic conditions warrant such reduction and that such reduction will not create a hazard to automobile or pedestrian traffic in the street or be harmful to the character of adjacent development. ~36-68. Lot Area Exception A dwelling unit may be constructed on any platted lot of record if said lot was in separate ownership at the effective date of this section, namely, August 1, 1969, provided, that dwellings are permitted in the district in which the lot of record is located. If two or more such lots are contiguous and under common ownership a single structure or any combination of structures may contain a total number of dwelling units equal to the number of such lots in lieu of a dwelling unit on each lot. In cases where lots or tracts of land have been divided for building purposes, prior to August 1, 1969, so that such tracts do not provide the minimum lot area required for the applicable zoning classification in which the tract is located, in that event, a dwelling unit may be constructed only after approval therefor has been granted by the Board of Adjustment. ~36-69. Fences and Hedges; Corner Visibility There shall be no fences, hedges, or other continuous foliage higher than 36 inches above roadway surface except that trees of a greater height may be permitted if all foliage is removed to a height of five feet above the base of such tree within the triangle formed by the adjacent property lines of two intersecting streets and the lines joining points 30 feet distant of property line from their point of intersection. ~36-70. Fences and Hedges; Other Visibility On portions of a lot not covered by the comer visibility restriction, the height of fences, hedges, and foliage, continuous five feet or more, shall be limited in the following manner: (A) Maximum front yard fence height of thirty-six (36) inches for solid/opaque fences (including picket, palisade, fabric weave chain link, "good neighbor", solid planking fencing styles). (B) Maximum front yard fence height of forty-eight (48) inches for transparent fences (including chain link, split rail, or wrought iron, where spacing/thickness of fence construction materials allows for an essentially unobstructed view. (C) Maximum front yard hedge/foliage height of thirty-six (36) inches. On all other portions of lot lines, fences, hedges and other foliage, barriers may not exceed a height of ninety-six (96) inches. - 50 - Approved as to Form T ~ January 10, 2001 ... City ttorney I I I ORDINANCE NO. 8652 (Cant.) ~36-71. Fences and Hedges; Height Fences, hedges, and other continuous foliage erected within the building portions of a zoning lot may conform with the height limits of such buildings but shall be subject to any building code provisions which may be applicable for buildings. ~36-72. Fences and Hedges; Measurement Height of fences, hedges or other continuous foliage shall be measured from the nearest top of roadway surface or the official established grade thereof, whichever is the higher. ~36-73. Fences and Hedges; Exceptions The city council may direct as a condition for granting a conditional use that fences, hedges, or other continuous foliage of a height and location in excess of these regulations be placed; provided, that no such approval shall have the effect of reducing comer visibility as provided for herein. ~36-74. Reserved ~36-75. Reserved ~36-76. Reserved ~36-77. Reserved ~36-78. Reserved ~36-79. Reserved Article V. Nonconforming Buildings and Uses ~36-80. Continuation The lawful use of land or buildings existing on June 30, 1969, although such does not conform to the provisions hereof, may be continued except as provided herein, but if continuous operation is suspended, ceased or discontinued for a period of twelve months, any further use of said land or buildings shall be in conformity with the provisions of this chapter. ~36-81. Repairs or Alterations No structural alterations shall be made to any building which will increase its degree of nonconformity except as may be ordered or required by law, ordinance or regulations. This shall not be construed to prohibit maintenance and repair work necessary to keep a building in sound condition. ~36-82. Change of Use Ifno structural alterations are made, a nonconforming use of a building may be changed to a different use if that use is more conforming in nature. No use or building shall be permitted to increase the degree of nonconformity. The principal permitted uses listed under a specific district shall be interpreted to have the same degree of nonconformity in applying this chapter. A residential use located in an industrial zone shall be interpreted as having a high degree of nonconformity. ~36-83. Amortization of Nonconforming Uses There are found to be certain uses of land and buildings which have an adverse effect on the carrying out of the general development plan which should be discontinued after a reasonable time irrespective of aforesaid rules as to nonconforming uses. The following uses shall be removed or made conforming with the specified amortization period. Said amortization period shall commence upon June 30, 1969. (l) Fences, hedges, and foliage which constitute a hazard by virtue of impairing sight distances at an intersection shall be made conforming within six months. (2) Outdoor advertising signs and billboards shall be made conforming within two calendar years. (3) All provisions in business or industrial zones involving fencing or shielding shall be complied with within twelve months. (4) Nonconforming open storage operations, such as junk yards, automobile wrecking, salvage material storage and similar uses shall be made conforming within three calendar years. - 51 - Approved as to Form T cp- January 10. 2001 ... City Attorney I I I ORDINANCE NO. 8652 (Cont.) ~36-84. Destruction and Reconstruction Any nonconforming building which has been damaged by fire, flood, wind, riot, or any other cause to an extent of more than fifty percent of its replacement value exclusive of land and foundation, at the time of such damage or destruction, shall not be reconstructed except in conformance with the provisions of this chapter. If damage is less than fifty percent, it may be restored and used as before, provided, that such restoration is commenced within twelve months. If construction is not commenced within twelve months, the use of such land or building shall thereafter conform with the provisions of this chapter. ~36-85. Discontinuance or Abandonment A building, structure or portion thereof, all or substantially all of which is designed or intended for a use which is not permitted in the district in which it is located, which is, or hereafter becomes, vacant and remains unoccupied or is not used for a continuous period of twelve months, shall be conclusively presumed to have been discontinued and abandoned as a nonconforming use, and shall not thereafter be occupied or used except by a use which conforms to the use regulations of the district in which it is located. ~36-86. Extension of Nonconforming Uses The city council may, when it deems proper, permit repairs, alterations, extensions, expansions, and the remodeling or rebuilding of such structures or extensions or expansions of a land use in all cases where a refusal to do so would bring hardship to the owner or occupants and in all cases where justice requires the granting of the same. The city council may attach appropriate conditions to the granting of any such relief. Whenever a use district shall be hereafter changed, any then existing nonconforming use in such changed district may be continued or changed to a use permitted in that district, provided, all other regulations governing the new use are complied with. ~36-87. Reserved ~36-88. Reserved ~36-89. Reserved ~36-90. Reserved Article VI. Board of Adjustment ~36-91. Establishment The mayor with the consent of the city council shall appoint a board of adjustment which shall consist of five regular members, plus one additional member designated as an alternate who shall attend and serve only when one of the regular members is unable to attend for any reason, each to be appointed for a term of three years and removable for cause by the appointing authority upon written charges and after a public hearing. ~36-92. Membership Any citizen within the zoning jurisdictional area of the City shall be eligible for membership. One regular member only of the board of adjustment shall be appointed from the City membership of the planning commission, and loss of membership on the planning commission by such member shall also result in immediate loss of membership on the board of adjustment and appointment of another planning commissioner to the board of adjustment. ~36-93. Rules The board of adjustment shall adopt rules necessary for the conduct of its affairs and in keeping with the provisions of this chapter. ~36-94. Meetings Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. Such chairman, or in his or her absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. - 52- .. /d'\ ~ Approved as to Form . ~ January 10, 2001 ... City Attorney I I I ORDINANCE NO. 8652 (Cant.) ~36-95. Minutes The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record. ~36-96. Appeal Appeals to the board may be taken by any person aggrieved by any officer, department, board, or bureau of the City affected by any decision of an administrative officer, provided, such appeal shall be taken within ten days after the decision of the administrative officer, by filing with the office from whom the appeal is taken, and with the clerk of the board, written notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken. ~36-97. Notice The board shall fix a reasonable time for hearing of the appeal, give public notice thereof in a newspaper of general circulation in the City one time at least ten days prior to such hearing, as well as due notice to the parties in interest, and decide the same within a reasonable time. The hearing shall be public and any party may appear in person, by agent, or by attorney. ~36-98. Fees Prior to the filing of the appeal with the clerk of the board and the administrative officer from whose decision the appeal is requested, the appellant shall pay to the city treasurer a processing fee, as provided by a fee schedule approved by the city council, which shall not be refundable. ~36-99. Powers and Limitations The board of adjustment shall, subject to appropriate conditions and safeguards as may be established by the city council, have the following powers: (1) To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official or agency based on or made in the enforcement of any zoning regulation or any regulation relating to the location or soundness of structures. (2) To hear and decide, in accordance with the provisions of any zoning regulation, requests for interpretation of any map, or for decisions upon other special questions upon which the board is authorized by any such regulation to pass. (3) Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the enactment of the zoning regulations, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any enacted regulation under this ordinance would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardships upon the owner of such property, to authorize, upon an appeal relating to the property, a variance from such strict application so as to relieve such difficulties or hardship, if such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this code or any ordinance or resolution. No such variance shall be authorized by the board unless it finds that: (a) The strict application of the zoning regulations would produce undue hardship; (b) Such hardship is not shared generally by other properties in the same zoning district and the same vicinity; (c) The authorization of such variance will not be of substantial detriment to adjacent property and the character of the district will not be changed by the granting of variance; and (d) The granting of such variance is based upon reason of demonstrable and exceptional hardship as distinguished from variations for purposes of convenience, profit, or caprice. No variance shall be authorized unless the board finds that the condition or situation of the property concerned or the intended use of the property is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the zoning regulations. - 53 - Approved as to Form T ~ January 10, 2001 . City Attorney I I I ORDINANCE NO. 8652 (Cont.) ~36-100. Action and Vote Required In exercising the above-mentioned powers, the board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from, and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such regulation or to effect any variation in such regulation. ~36-101. Reserved ~36-102. Reserved ~36-103. Reserved ~36-104. Reserved Article VII. Certificate of Occupancy ~36-1 05. General No vacant land shall be occupied and used and no building hereafter erected or structurally altered shall be occupied or used until a certificate of occupancy has been issued by the chief building official. ~36-106. Building Certificate of occupancy of a new building or the structural alteration of any existing building shall be applied for coincident with application for a building permit and shall be issued within ten days after the erection or alteration of such building shall have been completed in conformity with the provisions of this Code. No permit for excavation for any building shall be issued before application has been made for a certificate of occupancy. ~36-107. Land Certificate of occupancy for the use of vacant land or the change in the use of land shall be applied for before any such land shall be occupied or used and a certificate of occupancy shall be issued within ten days after the application has been made, provided, such use is in conformity with the provisions of this Code. ~36-108. Nonconforming Use Certificate of occupancy for a nonconforming use existing at the time of the passage of this ordinance shall be issued by the chief building official and the certificate shall state that the use is a nonconforming use and does not conform with the provisions of this Code. The chief building official shall notify the owner or owners of property being used as a nonconforming use and said owner or owners shall, within thirty days after receipt of such notice, apply to the office of the chief building official for a certificate of occupancy. ~36-109. Record A record of all certificates of occupancy shall be kept on file in the office of the chief building official and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land affected. ~36-110. Fee No fee shall be charged for an original certificate applied for coincident with the application for a building permit; for all other certificates or for copies of the original certificate there shall be a fee of one dollar ($1.00) charged for each. ~36-111. Reserved ~36-112. Reserved ~36-113. Reserved ~36-114. Reserved - 54 - Approved as to Form " coe: January 10, 2001 '" City Attorney I I I ORDINANCE NO. 8652 (Cont.) Article VIII. Amendments and Conditional Uses ~36-115. Amendments; Initiation and Application Amendments may be initiated by the city council, the planning commission, or by application signed by the owner of a parcel sought to be amended, or by a purchaser under contract in writing duly executed by both buyer and seller, or by the agent of any of the foregoing duly authorized to do so in writing. An application shall be filed with the city clerk in such form and accompanied by such information as required by the city council and herein prescribed. A copy of the application and supplementary information shall be forwarded by the city clerk to the planning commission for hearing and recommendation. ~36-116. Amendments; Procedure The planning commission shall hold a public hearing on all proposed amendments. Notice of such hearing shall be placed in a newspaper of general circulation in the city at least one time ten days prior to such hearing. Notification of such proposed amendment and hearing shall be sent to the proper school district or districts at least ten days prior to such hearing. The commission may recommend other property for amendment in addition to that sought in an application. Following the hearing, the commission shall take action and shall transmit its recommendation to the city council, a copy of which shall be sent to the applicant and one copy shall be retained in the permanent files of the planning commission. Upon receipt of the recommendation from the planning commission, the city council shall hold a public hearing on the proposed amendment. Notice of such hearing shall be placed in a newspaper of general circulation in the city at least one time ten days prior to such hearing. In addition to the publication, the city clerk shall cause a notice to be posted in a conspicuous place on the property on which action is pending. Such notice shall not be less than eighteen inches in height and twenty-four inches in width with a white or yellow background and black letters not less than one and one-half inches in height. Such posted notice shall be so placed upon the premises that it is easily visible from the street nearest the same and shall be so posted at least ten days prior to the date of such hearing. It shall be unlawful for anyone to remove, mutilate, destroy, or change such posted notice prior to such hearing. Any person so doing shall be deemed guilty of a misdemeanor. If the record title owners of any lots included in such proposed change be nonresidents of the municipality, then a written notice of such hearing shall be mailed by certified mail to them addressed to their last known addresses at least ten days prior to such hearing. The provisions requiring that notice be posted on the premises to be rezoned shall not apply in the event of a proposed change in such regulations, restrictions, or boundaries throughout the entire area of an existing zoning district or of such municipality, or in the event additional or different types of zoning districts are proposed, whether or not such additional or different districts are made applicable to areas, or parts of areas, already within a zoning district of the municipality; but the only requirement then shall be the publication of the notice in the newspaper as provided in this section. The city council shall approve or disapprove the proposed amendment. A majority vote of all the members of the city council shall be required to adopt any zoning amendment. Notice of the final action shall be sent to the applicant and one copy shall be sent to the planning COIllIlllSSlOn. ~36-117. Amendment; Protest; Limitation In case of a protest against such change, signed by owners of twenty percent or more, either of the area of the lots included in such proposed change or of those immediately adjacent on the sides and in the rear thereof extending three hundred feet therefrom, and of those directly opposite thereto extending three hundred feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of three-fourths of all the members of the city council. Whenever a change of land use has been finally disapproved by the city council, neither the planning commission nor the city council shall consider the same or similar application for change of land use affecting the same property for a period of six months from the date of such disapproval by the city council. ~36-118. Conditional Uses; Application An application for a conditional use, signed by the property owner or by a purchaser thereof under contract in writing duly executed by both buyer and seller, or by agent of any of the foregoing duly authorized to do so in writing, shall be submitted to the city clerk. The application shall state the location of the proposed conditional use, - 55 - Approved as to Form T (' ~ January 10. 2001 '" City Attorney I I I ORDINANCE NO. 8652 (Cont.) the specific conditional use requested as permitted by this chapter and shall be accompanied by such other material as necessary to explain the proposal. The city council may request additional information as it deems proper. ~36-1l9. Authorized Conditional Uses The following uses may be granted by the city council as a permitted conditional use in accordance with the procedure as set forth in this article: (1) To permit uses as listed under the permitted conditional uses within the respective zoning districts as specified in this chapter; (2) To permit the appropriate use of a lot less in area by not more than ten percent of the area required by this chapter; (3) To reduce the applicable off-street parking or loading facilities required by not more than two parking spaces or one loading berth or twenty percent of the required number, whichever is greater; (4) To permit the same off-street parking facilities to qualify as required spaces for two or more uses, provided, the substantial use of such spaces by each user does not take place at approximately the same hours of the same days of the week; (5) To permit temporary buildings and uses for periods not to exceed two years in undeveloped areas of the City, and for periods not to exceed six (6) months in developed areas; (6) To permit the placement and operation of wind turbines, solar energy collectors, or other energy saving devices that would not be in conformance with the space limitations as specified in this chapter. (7) To permit the construction and operation of a private wastewater treatment system for any use within the zoning jurisdiction of the City of Grand Island, excepting those small systems consisting of a septic tank and drainfield having a design capacity ofless than 2,000 gallons per day. The design capacity shall be based on the table of estimated waste/sewerage flow rates in the currently adopted plumbing code of the City of Grand Island. (8) To permit the keeping of livestock on residential property with less than a half acre of outdoor enclosure area per animal for periods not to exceed three (3) years in accordance with requirements set out in S5-16 of this code. ~36-120. Conditional Uses; Procedure After receipt of a conditional use application, the city clerk shall schedule a public hearing before the city council to consider such application. Notice of such application shall be placed in a newspaper of general circulation in the city at least one time ten days prior to such hearing. In addition to the publication, the city clerk shall cause a notice to be posted in a conspicuous place on the property on which action is pending. Such notice shall not be less than eighteen inches in height and twenty-four inches in width with a white or yellow background and black letters not less than one and one-half inches in height. Such posted notice shall be so placed upon the premises that it is easily visible from the street nearest the same and shall be so posted at least ten days prior to the date of such hearing. It shall be unlawful for anyone to remove, mutilate, destroy, or change such posted notice prior to such hearing. Any person so doing shall be deemed guilty of a misdemeanor. The hearing shall be held at which all interested parties shall be heard. The city council may grant, grant with any conditions or safeguards upon the property benefitted by a conditional use, or deny the application. Violation of any such conditions or safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a misdemeanor. No conditional use permitting the erection or alteration of a building or other use shall be valid for a period longer than one year unless the building is erected or altered or the use established within that period. ~36-121. Fees At the time of filing of an application for a rezoning amendment (map or text) with the city clerk, the applicant shall pay to the city treasurer a processing fee, as provided by a fee schedule approved by the city council, which shall not be refundable. At the time of filing of an application for a conditional use permit with the city clerk, the applicant shall pay to the city treasurer a processing fee, as provided by a fee schedule approved by the city council, which shall not be refundable. - 56 - Approved as to Form .... ~ January 10,2001 ... City Attorney I I I ORDINANCE NO. 8652 (Cont.) ~36-122. Reserved ~36-123. Reserved ~36-124. Reserved Article IX. Miscellaneous ~36-125. Enforcement It shall be the duty of the zoning official to enforce the provisions of this chapter and to enforce such rules, regulations and decisions as shall be adopted by the board of adjustment. ~36-126. Savings; Reversion to Prior Zoning It is the declared policy of the city council that citizens and land need zoning protection for the purposes enumerated in the authorizing statutes of the State of Nebraska, and that no land should be considered unzoned if the zoning thereon is held invalid, but that such invalid zoning be considered a nullity and the prior zoning given effect. ~36-127. Reserved ~36-128. Reserved ~36-129. Reserved ~36-130. Reserved ~36-131. Reserved ~36-132. Reserved Article X. Towers, Telecommunications Facilities and Antennas ~36-133. Purpose The Communications Act of 1934 as amended by the Telecommunications Act of 1996 (the Act) grants the Federal Communications Commission (FCC) exclusive jurisdiction over certain aspects of telecommunications services. This Article is intended to regulate towers, telecommunications facilities and antennas in the City in conformance with the Act without prohibiting or tending to prohibit any person from providing wireless telecommunications services. Telecommunications facilities, towers and antennas in the City, to protect residential areas and land uses from potential adverse impact of installation of towers and antennas through careful design, siting, and camouflaging, to promote and encourage shared use/collocation of towers and other antenna support structures rather than the construction of additional single use towers, to avoid potential damage to property caused by towers, telecommunications facilities and antennas by ensuring such structures are soundly and carefully designed, constructed, modified, maintained, repaired and removed when no longer used or are determined to be structurally unsound and to ensure that towers and antennas are compatible with surrounding land uses. ~36-134. Definitions As used in this Article, the following terms shall have the following meanings: Antenna means a device, designed and intended for transmitting or receiving television, radio, or microwave signals, direct satellite service (including direct-to-home satellite service), and/or video programming services via multipoint distribution services. Antenna Suvvort Structure means any building or structure other than a tower which can be used for location of telecommunications facilities. Avvlicant means any person that applies for a Tower Development Permit. AvlJlication means a process by which the owner of a tract of land within the zoning jurisdiction of the City submits a request to develop, construct, modify, or operate a tower upon such tract of land. The term application includes all written documentation, verbal statements, and representations, in whatever form or forum, made by an applicant to the City concerning such request. Conforming Commercial Earth Station means a satellite dish which is two meters or less in diameter and is located in an area where commercial or industrial uses are generally permitted under this code. - 57 - Approved as to Form ... ~ January 10, 2001 ... City Attorney I I I ORDINANCE NO. 8652 (Cant.) Enzineer means any engineer qualified and licensed by any state or territory of the United States of America. Owner means any person with fee simple title or a leasehold exceeding (ten) 10 years in duration to any tract of land within the zoning jurisdiction of the City who desires to develop, construct, modify, or operate a tower upon such tract of land. Person Any natural person, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not for profit. Satellite Dish Antenna means an antenna consisting of a radiation element intended for transmitting or receiving television, radio, microwave, or radiation signals and supported by a structure with or without a reflective component to the radiating dish, usually circular in shape. Stealth means any telecommunications facility, tower, or antenna which is designed to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and towers designed to look other than like a tower such as light poles, power poles and trees. Telecommunications Facilities means any cables, wires, lines, waive guides, antennas, or any other equipment or facilities associated with the transmission or reception of communications which a person seeks to locate or has installed upon or near a tower or antenna support structure. However, telecommunications facilities shall not include: (1) Any Conforming Commercial Earth Station antenna two (2) meters in diameter or less which is located on real estate zoned AG, TA, RO, Bl, B2, B3, Ml, M2 and ME. (2) Any earth station antenna or satellite dish antenna of one (1) meter or less in diameter, regardless of the zoning applicable to the location of the antenna. Tower means a self-supporting lattice, guyed, or monopole structure which supports Telecommunications Facilities. The term Tower shall not include non-commercial amateur radio operators equipment as licensed by the FCC or structure supporting an earth station antenna serving residential premises or dwelling units exclusively. Tower Development Permit means a permit issued by the City upon approval by the Mayor and City Council of an application to develop a tower within the zoning jurisdiction of the City; which permit shall continue in full force and effect for so long as the tower to which it applies conforms to this Article. Upon issuance, a Tower Development Permit shall be deemed to run with the land during the permit's duration and may be transferred, conveyed and assigned by the applicant to assigns and successors-in-interest. Tower Owner means any person with an ownership interest of any nature in a proposed or existing tower following the issuance of a Tower Development Permit. All terms in this Article which are not specifically defined herein shall be construed in accordance with the Communications Act of 1934, the Telecommunications Act of 1996 and the Rules and Regulations of the Federal Communications Commission (FCC). 936-135. Location Of Towers and Construction Standards (A) Towers shall be permitted conditional uses of land in only those zoning districts where specifically listed and authorized in this code. (B) No person shall develop, construct, modify or operate a tower upon any tract of land within the zoning jurisdiction of the City prior to approval of its application for a Tower Development Permit by the Mayor and City Council and issuance of the permit by the City. Applicants shall submit their application for a Tower Development Permit to the Building Department in triplicate and shall pay a filing fee in accordance with ~36-84. (C) All towers, telecommunications facilities and antennas on which construction is commenced within the zoning jurisdiction of the City after February 1, 1998, shall conform to the Building Code and all other construction standards set forth in the City Code, federal and state law, and applicable American National Standards Institute (ANSI) standards. Upon completion of construction of a tower and prior to the commencement of use, an engineer's certification that the tower is structurally sound and in conformance with all of the aforementioned applicable regulatory standards shall be filed with the Building Department. 936-136. Application To Develop A Tower Prior to commencement of development or construction of a tower, an application shall be submitted in triplicate to the Building Department for a Tower Development Permit and shall include the following: - 58 - Approved as to Form " ('" ~ January 10, 2001 '" City Attorney I I I ORDINANCE NO. 8652 (Cont.) (A) The name, address and telephone number of the owner and if applicable, the lessee of the tract of land upon which the tower is to be located. Applicants shall include the owner of the tract of land and all persons having an ownership interest in the proposed tower. The application shall be executed by all applicants. (B) The legal description and address of the tract ofland on which the tower is to be located. (C) The names, addresses and telephone numbers of all owners of other towers or useable antenna support structures within a one (1) mile radius of the location of the proposed tower, including publicly and privately owned towers or structures. (D) An affidavit attesting to the fact that the applicant has made diligent but unsuccessful efforts to obtain permission to install or collocate the applicant's telecommunications facilities on a tower or useable antenna support structure within a one (1) mile radius of the proposed tower location or written technical evidence from an engineer that the applicant's telecommunications facilities cannot be installed or collocated on another tower or useable antenna support structure within a one (1) mile radius of the proposed tower location. (E) Written technical evidence from an engineer that the proposed tower will meet the Building Code, all other construction standards set forth by the City Code and federal and state law and applicable ANSI standards. (F) Color photo simulations showing the proposed location of the tower with a photo- realistic representation of the proposed tower as it would appear viewed from the nearest residential zoned property and nearest roadway, street or highway. (G) Descriptions and diagrams of the proposed tower, telecommunications facilities and/or antenna, manufacturer's literature, appurtenances such as buildings, driveway, parking area and fences or other security enclosures with sufficient detail to allow persons reviewing the application to understand the kind and nature of the proposed facility. (H) An application for a building permit pursuant to Chapter 8 of the City Code. ~36-137. Tower Development Permit; Procedure After receipt of an application for a Tower Development Permit, the City Clerk shall schedule a public hearing before the City Council to consider such application. Notice of such application shall be placed in a newspaper of general circulation in the City at least one (1) time ten (10) days prior to such hearing. In addition to the publication, the City Clerk shall cause a notice to be posted in a conspicuous place on the property on which action is pending. Such notice shall be not less than eighteen (18) inches in height and twenty four (24) inches in width with a white or yellow background and black letters not less than one and one-half (1 Yz) inches in height. Such posted notice shall be so placed upon the premises so that it is easily visible from the street nearest the same and shall be so posted at least ten (10) days prior to the date of such hearing. It shall be unlawful for anyone to remove, mutilate, destroy, or change such posted notice prior to such hearing. Any person so doing shall be deemed guilty of a misdemeanor. The public hearing shan be held at which all interested parties shall be heard. The City Council may approve a Tower Development Permit as requested in the pending application with any conditions or safeguards it deems reasonable and appropriate based upon the application and/or input received at the public hearing or deny the application. In all zoning districts in which towers are a permitted conditional use of land, the Tower Development Permit shall be deemed a conditional use permit for said tract ofland. ~36-138. Setbacks and Separation or Buffer Requirements (A) All towers up to fifty (50) feet in height shall be set back on all sides a distance equal to the underlying setback requirement in the applicable zoning district. Towers in excess of fifty (50) feet in height shall be set back one additional foot for each foot of tower height in excess of fifty (50) feet. The height of a tower shall be measured from the grade at the foot of the base pad to the top of any telecommunications facilities or antennas attached thereto. Setback requirements shall be measured from the base of the tower to the property line of the tract of land on which it is located. (B) Towers exceeding one hundred (100) feet in height may not be located in any residential zoned district and must be separated from all residential zoned land and occupied structures other than those utilized by the tower owner, by a minimum of two hundred (200) feet or one hundred percent (100%) of the height of the proposed tower, whichever is greater. (C) Towers of one hundred (100) feet or less in height may be located in residential zoned districts provided said tower is separated from any residential structure, school, church, and/or occupied structures other than those utilized by the tower owner, by a minimum of one hundred percent (100%) of the height of proposed tower. (D) Towers must meet the following minimum separation requirements from other towers:u - 59 - Approved as to Form T ~ ~ January 10, 2001 .4 City ttorney I I I ORDINANCE NO. 8652 (Cont.) (1) Monopole tower structures shall be separated from all other towers, whether monopole, self-supporting lattice, or guyed, by a minimum of seven hundred fifty (750) feet. (2) Self-supporting lattice or guyed towers shall be separated from all other self-supporting or guyed towers by a minimum of one thousand five hundred (1,500) feet. ~36-139. Structural Standards for Towers Adopted The Structural Standards For Steel Antenna Towers And Antenna Supporting Structures, 1991 Edition (ANSI/EIA/TIA 222-E-199l) is hereby adopted, together with any amendments thereto as may be made from time to time, except such portions as are hereinafter deleted, modified, or amended by ordinance and set forth in this chapter of the City Code. ~36-140. Illumination and Security Fences (A) Towers shall not be artificially lighted except as required by the Federal Aviation Administration (FAA). In cases where there are residential zoned properties located within a distance of 300% of the height of the tower, any tower subject to this Article shall be equipped with dual mode lighting. (B) All self-supporting lattice or guyed towers shall be enclosed within a security fence or other structure designed to preclude unauthorized access. Monopole towers shall be designed and constructed in a manner which will preclude to the extent practical, unauthorized climbing of said structure. ~36-141. Exterior Finish Towers not requiring FAA painting or marking shall have an exterior finish which enhances compatibility with adjacent land uses, subject to review and approval by the City Council as part of the application approval process. All towers which must be approved as a conditional use shall be of stealth design unless stealth features are impractical or the cost of such features represents an undue burden on the applicant. ~36-142. Landscaping All tracts of land on which towers, antenna support structures, telecommunications facilities and/or antennas are located shall be subject to the landscaping requirements of the City Code. ~36-143. Maintenance, Repair or Modification of Existing Towers All towers constructed or under construction on February 1, 1998 may continue in existence as a non- conforming structure and may be maintained or repaired without complying with any of the requirements of this Article. Nonconforming structures or uses may not be enlarged or the degree of nonconformance increased without complying with this Article, including applying for and obtaining a Tower Development Permit. Any modification or reconstruction of a tower constructed or under construction on February 1, 1998, shall require compliance with the requirements of this Article including applying for and obtaining a Tower Development Permit. Said application shall describe and specify all items which do not comply with this Article and may request, subject to approval by the Mayor and City Council, an exemption from compliance as a condition of the Tower Development Permit. ~36-144. Inspections The City reserves the right to conduct an inspection of towers, antenna support structures, telecommunications facilities and antennas upon reasonable notice to the tower owner or operator to determine compliance with this Article and to prevent structural and equipment failures and accidents which may cause damage, injuries or nuisances to the public. Inspections may be made to determine compliance with the Building Code and any other construction standards set forth in the City Code, federal and state law or applicable ANSI standards. ~36-145. Maintenance The towers, antenna support structures, telecommunications facilities and antennas shall at all times be kept and maintained in good condition, order and repair so that the same does not constitute a nuisance to or a danger to the life or property of any person or the public. ~36-146. Abandonment If any tower shall cease to be used for a period of three hundred sixty-five (365) consecutive days, the - 60- Approved as to Form ., ~ January 10, 2001 ... City Attorney I I I ORDINANCE NO. 8652 (Cont.) Building Department shall notify the tower owner that the site will be subject to a determination by the Building Department Director that the site has been abandoned. Upon issuance of a Notice to Show Cause by the Building Department Director, the tower owner shall have thirty (30) days to show by a preponderance of the evidence that the tower has been in use or under repair during the period of apparent abandonment. In the event the tower owner fails to show that the tower has been in use or under repair during the relevant period, the Building Department Director shall issue a final determination of abandonment of the site and the tower owner shall have seventy five (75) days thereafter to dismantle and move the tower. In the event the tower is not dismantled and removed, the tower shall be declared a public nuisance by the Building Department Director, or his/her designee and a written request shall be directed to the City Attorney to proceed to abate said public nuisance pursuant to 920-15 of the Grand Island City Code, and charge the costs thereof against the real estate on which the tower is located or the owner of record of the said real estate. ~36-147. Satellite DishAntennas, Regulation After February 1, 1998 installation of satellite dish antennas shall be permitted within the zonmg jurisdiction of the City of Grand Island only upon compliance with the following criteria: (A) In residential zoned districts, satellite dish antennas may not exceed a diameter often (10) feet. (B) Single family residences may not have more than one (1) satellite dish antenna. (C) Multiple family residences with ten or less dwelling units may have no more than one (1) satellite dish antenna. Multiple family residences with more than ten (10) dwelling units may have no more than two (2) satellite dish antennas. (D) In residential zoning districts, satellite dish antennas shall not be installed in the required front yard setback area or side yard setback area. (E) All satellite dish antennas installed within the zoning jurisdiction of the City after February 1, 1998, shall be of a neutral color such as black, gray, brown, or such other color as will blend with the surrounding dominant color in order to camouflage the antenna. ~36-148. Severability If any clause, section, or any other part of this Article shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Article shall not be affected thereby, but shall remain in full force and effect. ~36-149. Reserved ~36-150. Reserved ~36-151. Reserved ~36-152. Reserved ~36-153. Reserved ~36-154. Reserved SECTION 2. Chapter 36 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. - 61 - Approved as to Form January 10, 2001 I I I ORDINANCE NO. 8652 (Cont.) Enacted: January 9,2001. Attest: Qo.\\OL- t,Q(AJ~ RaNae Edwards, City Clerk - 62- ~ Ken Gnadt, / ayor Approved as to Form 'f ~ January 10, 2001 ... City ttorney