07/13/2004 Ordinances 8922
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ORDINANCE NO. 8922
An ordinance to amend Chapter 36 of the Grand Island City Code pertaining to
zoning regulations; to adopt a new Official Zoning Map as provided in Section 36-44; to add
Addendum "A" to Chapter 36 of the Grand Island City Code; to add Addendum "B" to Chapter
36 of the Grand Island City Code; to repeal Chapter 36 of the Grand Island City Code as now
existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for
publication and the effective date of this ordinance.
WHEREAS, the Regional Planning Commission contracted with JEO Consulting
Group to update the zoning regulations for the City of Grand Island, Nebraska; and
WHEREAS, public hearings were held on February 18, 2004 and on June 2,2004
before the Regional Planning Commission to discuss the proposed changes to the zoning
regulations; and
WHEREAS, a public hearing was held on July 13, 2004 before the City Council
of the City of Grand Island to discuss the proposed changes to the zoning regulations.
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 identified in Exhibit "A". Such exhibit is available for public inspection at the City
Clerk's office.
SECTION 2. The Official Zoning Map dated August 1, 2004, is hereby adopted
in accordance with the provisions of Section 36-44 of the Grand Island City Code.
Approved as to Form l:t
July 8, 2004 l:t City Attorney
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ORDINANCE NO. 8922 (Cont.)
SECTION 3. Addendum "A" entitled "Grand Island Land Use Matrix" and
Addendum "B" pertaining to landscaping area are incorporated herein by this reference, and are
hereby added to Chapter 36 of the Grand Island City Code.
SECTION 4. Chapter 36 of the Grand Island City Code as now existing, and any
ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed.
SECTION 5. That this ordinance shall be in force and take effect on August 1,
2004, after its passage and publication, in pamphlet form, within fifteen days in one issue of the
Grand Island Independent as provided by law.
Enacted: July 13, 2004.
I Attest:
Ocf\M ~~
RaNae Edwards, City Clerk
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CHAPTER 36
ZONING
Article I. Title and Purpose
~36-1. Title
This chapter may be known and may be cited and referred to as the zoning regulations of the City of Grand
Island, Nebraska.
~36-2. Purposes
This chapter has been made in accordance with a comprehensive plan and to promote the health, safety, and
general welfare of the community; to lessen congestion in streets; to secure safety from fire and other
dangers; to provide adequate light and air; to promote the distribution of population, land classifications
and land development to support provisions for adequate transportation, water flows, water supply,
drainage, sanitation, recreation, and other public requirements; to protect property against blight and
depreciation; and to secure economy in governmental expenditures.
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~36-3. Reserved
~36-4. Reserved
~36-5. Reserved
Article II. Definitions
~36-6. Rules
For the purpose of this chapter the following rules shall apply:
(A) Words and numbers used singularly shall include the plural. Words and numbers used in the
plural shall include the singular. Words used in the present tense shall include the future.
(B) The word "persons" includes a corporation, members of a partnership or other business
organization, a committee, board, council, commission, trustee, receiver, agent or other representative.
(C) The word "shall" is mandatory.
(D) The words "use", "used", "occupy" or "occupied" as applied to any land or building shall be
construed to include the words "intended", "arranged" or "designed" to be used or occupied.
(E) The word "commission" shall refer to the Hall County Regional Planning Commission.
(F) The phase "Planning Director" shall refer to the Planning Director ofthe Hall County Regional
Planning Commission
(G) The word "Inspector" shall refer to the Building Department and any employee of said
department
(H) Undefined words or terms not herein defined shall have their ordinary meaning in relation to
the context.
~36-7. Abbreviations and Acronyms
For purposes of this chapter the following shall be standard abbreviations and acronyms found
through the regulation.
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AU
CAFO
FCC
GIS
HCRPC
kV
kW
LFO
NDA
NDEQ
Animal Unit
Confined Animal Feeding Operation
Federal Communication Commission
Geographic Information System
Hall County Regional Planning Commission
Kilovolt
Kilowatt
Livestock Feeding Operation
Nebraska Department of Aeronautics or successor department
Nebraska Department of Environmental Quality or successor
department
Nebraska State Fire Marshall or successor department
Nebraska Department of Health and Human Services or
successor department
Nebraska Department of Roads or successor department
right-of-way or rights-of-way
United States Department of Agriculture
NSFM
NHHS
NDOR
R.O.W.
USDA
~36-8. Definitions
Abandonment shall mean to cease or discontinue a use or activity without intent to resume as
distinguished from short term interruptions such as during periods of remodeling, maintenance, or normal
periods of vacation or seasonal closure.
Abut, Abuttin!! shall mean to border on, being contiguous with or have property or district lines
in common, including property separated by an alley.
Access or Access Way shall mean the place, means, or way by which pedestrians and vehicles
shall have safe, adequate and usable ingress and egress to a property or use as required by this chapter.
Accessory Buildin!! (see Building, accessory)
Accessory Livin!! Quarters shall mean living quarters within an accessory building located on
the same premises with the main building, for use by temporary guests of the occupant of the premises,
such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling unit.
Accessory Structure shall mean a detached subordinate structure located on the same lot with the
principal structure, the use of which is incidental and accessory to that of the principal structure.
Accessory Use shall mean a use incidental, related, appropriate and clearly subordinate to the
main use of the lot or building, which accessory use does not alter the principal use of the subject lot or
affect other properties in the district.
Acrea!!e shall mean any tract or parcel of land which does not qualify as a farm or development.
Adiacent shall mean near, close, or abutting; for example, an Industrial District across the street
or highway from a Residential District shall be considered as "Adjacent".
Adult Cabaret shall mean cabaret that features go-go dancers, exotic dancers, strippers, male or
female impersonators, or similar entertainers.
Adult Companionship Establishment shall mean an establishment which provides the service of
engaging in or listening to conversation, talk or discussion between an employee of the establishment and a
customer, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or
"specified anatomical areas."
Adult Establishment shall mean any business which offers its patrons services or entertainment
characterized by an emphasis on matters depicting, exposing, describing, discussing or relating to
"specified sexual activities" or "specified anatomical areas," including, but without limitation, to adult
bookstores, adult motion picture theaters, saunas, adult companionship establishments, adult health clubs,
adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotel or
motel, and adult body painting studios.
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Adult Hotel or Motel shall mean a hotel or motel from which minors are specifically excluded
from patronage and wherein material is presented which is distinguished or characterized by an emphasis
on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."
Adult Massa!!:e Parlor, Health Club shall mean a massage parlor or health club which restricts
minors by reason of age, and which provides the services of massage, if such service is distinguished or
characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."
Adult Mini-Motion Picture Theater shall mean a business within an enclosed building with a
capacity for less than 50 persons used for presenting visual-media material if such business as a prevailing
practice excludes minors by virtue of age, or if said material is distinguished or characterized by an
emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas" for
observation by patrons therein.
Adult Motion Picture Arcade shall mean any place to which the public is permitted or invited
wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motor picture
machines, projectors or other image-producing devices are maintained to show images to five or fewer
persons per machine at anyone time, and where the images so displayed are distinguished or characterized
by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas."
Adult Motion Picture Theaters shall mean a business within an enclosed building with a
capacity of 50 or more persons used for presenting visual media material if said business as a prevailing
practice excludes minors by virtue of age, or if said material is distinguished or characterized by an
emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas" for
observation by patrons therein.
Adult Noveltv Business shall mean a business which has as a principal activity the sale of devices
which simulate human genitals or devices, which are designed for sexual stimulation.
Adult Sauna shall mean a sauna which excludes minors by reason of age, or which provides a
steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or
hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna is distinguished or
characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."
Aesthetic Zonin!!: shall mean zoning to accomplish a standard of exterior architectural appeal
and/or neighborhood harmony.
A!!:ricultural and Farm Buildine:s and Structures shall mean any building or structure which is
necessary or incidental to the normal conduct of a farm including but not limited to residence of the
operator, residence of hired men, barns, buildings and sheds for housing livestock, poultry and farm
machinery, buildings for the storage or shelter of grain, hay and other crops, silos, windmills and water
storage tanks.
A!!:ricultural Operations (see "Farming")
A!!:riculture shall mean the use of land for agricultural purposes, of obtaining a profit by raising,
harvesting, and selling crops or by the feeding, breeding, management, and sale of, or the produce of,
livestock, poultry, fur-bearing animals, or honeybees, or for dairying and the sale of dairy products, or any
other agricultural or horticultural use. Agricultural use shall not be construed to include any parcel of land
of less than twenty acres or any non-agricultural commercial or industrial development.
Airport shall mean any area which is used or is intended to be used for the taking off and landing
of aircraft, including helicopters, and any appurtenant areas which are used or are intended to be used for
airport buildings or facilities, including open spaces, taxiways, and tie-down areas.
Airport Hazard Zone consists of Operation Zones, Approach Zones, Turning Zones and
Transition Zones. The outer boundary of the Hazard Zone is composed of a series of connected tangents
and simple curves that also constitute the outer boundaries of the Approach and Turning Zones.
Allev shall mean a minor public service street or public thoroughfare 20 feet or less in width,
through a block of lots primarily for vehicular service access to the rear or side of properties otherwise
abutting on another street and to provide access to utility services located therein. Buildings facing an alley
shall not be construed as satisfying the requirements of this chapter related to frontage on a dedicated street.
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Alteration shall mean any change, addition or modification in construction or occupancy of an
existing structure.
Alteration, Structural (see Structural alteration)
Amendment shall mean a change in the wording, context, or substance of this chapter, an addition
or deletion or a change in the district boundaries or classifications upon the zoning map.
Amusement Arcade shall mean a building or a part of a building where five or more pinball
machines, video games, or other similar player-orientated amusement devices are available and are
maintained for use.
Amusement Park shall mean a facility, primarily outdoors, that may include structures and
buildings, where there are various devices for entertainment, including rides, booths for the conduct of
games or sale of items, buildings for shows and entertainment, and restaurants and souvenir sales.
Animal Hospital shall mean a place where animals or pets are given medical or surgical treatment
and are cared for during the time of such treatment. Use as a kennel shall be limited to short-time boarding
and shall be only incidental to such hospital use.
Animals, Domestic (see Household pet)
Animal Unit (see Livestock Feeding Operation)
Animals, Farm shall mean livestock associated with agricultural operation, commonly kept or
raised as a part of a agricultural operation including but not limited to horses, cattle, sheep, swine, goats,
chickens and turkeys.
Antenna see definition in ~36-169 of this chapter.
Antique Shops shall mean a place offering primarily antiques for sale. An antique for the purpose
of this chapter shall be a work of art, piece of furniture, decorative object, or the like, of belonging to the
past, at least 30 years old.
Apartment shall mean a room or a suite of rooms within an apartment house or multiple family
dwelling arranged, intended or designed for a place of residence of a single family or group of individuals
living together as a single housekeeping unit. (Also, see Dwelling Unit.)
Apartment House (see Dwelling, multiple family)
Appearance shall mean the outward aspect visible to the public.
Appropriate shall mean the sympathetic, or fitting, to the context of the site and the whole
community.
Appurtenances shall mean the visible, functional objects accessory to and part of buildings.
Architectural Character see Architectural Concept
Architectural concept shall mean the basic aesthetic idea of a building, or group of buildings or
structures, including the site and landscape development that produces the architectural character.
Architectural feature shall mean a prominent or significant part or element of a building,
structure, or site. Architectural features may include special lines, massing, and/or texture.
(A) Lines shall mean visual elements of the building, either within the fa9ade or on the building
edge, which are in a linear form either horizontally or vertically and may be composed of
masonry, glass, or other related materials.
(B) Mass shall pertain to the volume, bulk of a building or structure.
(C) Texture shall mean the quality of a surface, ranging from mirror finish, smooth, to coarse and
unfinished.
Architectural style shall mean the characteristic form and detail, as of buildings of a particular
historic period.
Artisan Production Shop shall mean a building or portion thereof used for the creation of
original handmade works of art or craft items by more than three but less than six artists or artisans, as
either a principal or accessory use.
Artist Studio shall mean a place designed to be used, or used as, both a dwelling place and a place
of work by an artist, artisan, or craftsperson, including persons engaged in the application, teaching, or
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Chapter 36 1:1 Zoning
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performance of fine arts such as, but not limited to, drawing, vocal or instrumental music, painting,
sculpture, and writing.
Attached Permanently shall mean attached to real estate in such a way as to require dismantling,
cutting away, unbolting from permanent foundation or structural change in such structure in order to
relocate it to another site.
Attractive shall mean having qualities that arouse interest and pleasure in the observer.
Automatic Teller Machine (ATM) shall mean an automated device that performs banking or
financial functions at a location remote from the controlling financial institution.
Automobile Wreckinl?: Yard see Salvage Yard as defined herein.
Ballroom shall mean a place or hall used for dancing, other than those listed under the definition
of "Adult Cabaret". Ballrooms may also be used for reunions, weddings and receptions.
Bar shall mean any establishment whose principal business is serving alcoholic beverages at retail
for consumption on the premises. (Also, see Nightclub.)
Beacon shall mean any light with one or more beams directed into the atmosphere or directed at
one or more points not on the same zone lot as the light source; also, any light with one or more beams that
rotate or move.
Bed and Breakfast Inn shall mean a house, or portion thereof, where short-term lodging rooms
and meals are provided. The operator of the inn shall live on the premises.
Bedroom shall mean a room within a dwelling unit planned and intended for sleeping, separable
from other rooms by a door or doorway.
Berm shall mean a raised form of earth to provide screening or to improve the aesthetic character.
Best Interests of Community shall mean interests of the community at large and not interest of
the immediate neighborhood.
Billboard shall mean 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.
Block shall mean a parcel of land platted into lots and bounded by public streets or by waterways,
right-of-ways, unplatted land, City-County boundaries, or adjoining property lines.
Block Frontal?:e shall mean that section of a block fronting on a street between two intersecting
streets or other block boundary.
Board of Adiustment shall mean that board that has been created by the city and which has the
statutory authority to hear and determine appeals, interpretations of, and variances to the zoning
regulations.
Boardinl?: or Roomine: House shall mean a building containing a single dwelling unit and
provisions for not more than five (5) guests, where lodging is provided with or without meals for
compensation.
Brew-on Premises Store shall mean a facility that provides the ingredients and equipment for a
customer to use to brew malt liquor at the store. Brew-on-premises stores do not include the sale of
intoxicating liquor, unless the owner of the brew-on-premises store holds the appropriate liquor license.
Brew Pub shall mean a restaurant or hotel which includes the brewing of beer as an accessory use.
The brewing operation processes water, malt, hops, and yeast into beer or ale by mashing, cooking, and
fermenting. By definition, these establishments produce no more than 10,000 barrels of beer or ale
annually. The area, by definition, used for brewing, including bottling and kegging, shall not exceed 25
percent of the total floor area of the commercial space.
Brewery shall mean an industrial use that brews ales, beers, meads and/or similar beverages on
site. Breweries are classified as a use that manufactures more than 10,000 barrels of beverage (all
beverages combined) annually.
(A) Brewery, Craft shall mean a brew pub or a micro brewery.
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(B) Brewerv. Micro shall mean a facility for the production and packaging of malt beverages of
low alcoholic content for distribution, retail or wholesale, on or off premises, with a capacity
of not more than 10,000 barrels per year. The development may include other uses such as
standard restaurant, bar, or live entertainment as otherwise permitted in the zoning district.
Broadcastint! Tower shall mean a structure for the transmission or broadcast of radio, television,
radar, or microwaves which exceeds the maximum height permitted in the district in which it is located;
provided, however, that noncommercial radio towers not exceeding one hundred (100) feet in height shall
not be considered broadcast towers.
Buffer shall mean a strip of land established to protect one type of land use from another
incompatible land use or between a land use and a private or public road. (Also, see Screening.)
Buffer Zone shall mean an area of land that separates two zoning districts and/or land uses that
acts to soften or mitigate the effects of one use on the other.
BuUdin!! shall mean any structure built and maintained for the support, shelter or enclosure of
persons, animals, chattels, or property of any kind, but shall not include temporary buildings as defined in
"Structure, Temporary". Operable and licensed trailers, with wheels, shall not be considered as buildings.
BuUdin!! Accessorv shall mean any
detached subordinate building that serves a
function customarily incidental to that of the
main building or main use of the premises.
Customary accessory building includes farm
buildings, garages, carports, and small
storage sheds.
BuUdin!!. Area of shall mean the S77:JiPT F!/iU""fr
sum in square feet of the ground areas --
occupied by all buildings and structures on a
lot.
BuUdin!! Code shall mean the
various codes of the City that regulate
construction and requires building permits,
electrical permits, mechanical permits,
plumbing permits, and other permits to do
work regulated by the adopted building code
of the City, and other codes adopted by the
City that pertain to building construction.
BuUdin!!. Hei!!ht shall mean the
vertical distance measured from the
centerline of the improved street 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.
BuUdin!! Inspector shall mean the
building inspectors for the City of Grand
Island, Nebraska.
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Chapter 36 a Zoning
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Buildilll.!: Principal shall mean a building within which the main or primary use of the lot or
premises is located. (Also, see Use, Principal.)
Buildine: Setback Line shall mean the minimum of distance as prescribed by this chapter between
any property line and the closed point of the building wall line or face of any building or structure related
thereto.
Campe:round shall mean a parcel of land intended for the temporary occupancy of tents, campers,
and major recreational vehicles and which primary purpose is recreational, having open areas that are
natural in character.
Car Wash shall mean a building or structure or an area of land with machine or hand operated
facilities for the cleaning, washing, polishing, or waxing of motor vehicles, not including semi-trailer
tractors, buses, and commercial fleets.
Car Wash, Industrial shall mean a mechanical facility for the washing, waxing and vacuuming
of heavy trucks and buses.
Carport shall mean a permanent roofed structure with not more than two (2) enclosed sides used
or intended to be used for automobile shelter and storage.
Cellar shall mean a building space having more than one-half (l/2) of its height below the average
adjoining grade lines.
Cemetery shall mean land used or intended to be used for the burial of the dead and dedicated for
such purposes, including columbariums, crematoriums, and mausoleums.
Channel shall mean the geographical area within either the natural or artificial banks of a
watercourse or drainageway.
Charitable shall mean a public or semi-public institutional use of a philanthropic, charitable,
benevolent, religious, or eleemosynary character, but not including sheltering or caring of animals.
Child Care Center shall mean a facility licensed to provide child care for thirteen (13) or more
children. In addition to these regulations, Child Care Centers shall meet all requirements of the State of
Nebraska.
Church, Storefront shall mean a religious facility contained within a store or similar structure not
typically used for religious activities that are now used as a meeting place for a congregation. Structures
adapted for congregations including barns, stores, warehouses, old public buildings, and single-family
dwellings.
City shall mean the City of Grand Island, Nebraska.
Clear View Zone shall mean the area of a comer lot closest to the intersection that is kept free of
visual impairment to allow full view of both pedestrian and vehicular traffic. (Also see Sight Triangle.)
Club shall mean an association of persons (whether or not incorporated), religious or otherwise,
for a common purpose, but not including groups which are organized primarily to render a service carried
on as a business for profit.
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Grand Island City Code, 2002 Edition
Cluster Development shall mean a
development designed to concentrate buildings in
specific areas on a site to allow the remaining land to
be used for recreation, common open space, and the
preservation of environmentally sensitive areas.
Code shall mean the Grand Island City Code.
Coffee Kiosk shall mean a retail food
business in a freestanding building that sells coffee, or
other beverages, and remade bakery goods from a
drive-through window to customers seated in their
automobiles for consumption off the premises and that
provides no indoor or outdoor seating.
Cohesiveness shall mean the unity of
composition between design elements of a building
and/or a group of buildings and the landscape
development. CLU5TER 5UBDIVI510N
Commercial Feedin2 Operation (See
Livestock Feeding Operation) Example of a Cluster Subdivision
Commission shall mean the Hall County
Regional Planning Commission.
Common Area or Propertv shall mean a parcel or parcels of land, together with the
improvements thereon, the use and enj oyment of which are shared by the owners of the individual building
sites in a Planned Development or condominium development.
Communitv Center shall mean a place, structure, or other facility used for and providing
religious, fraternal, social, and/or recreational programs generally open to the public and designed to
accommodate and serve various segments of the community.
Community Sanitary Sewer System shall mean an approved central sewer collecting system,
meeting state and county requirements, available to each platted lot and discharging into a treatment
facility. This does not include individual septic systems.
Community Water Supply System shall mean a public water supply system which serves at least
fifteen service connections used by year round residents or uses, or regularly serves 25 or more year round
residents or uses.
Compatibility shall mean harmony in the appearance of two or more external design features in
the same vicinity.
Compatible Uses shall mean a land use which is congruous with, tolerant of, and has no adverse
effects on existing neighboring uses. Incompatibility may be affected by pedestrian or vehicular traffic
generation, volume of goods handled and environmental elements such as noise, dust, odor, air pollution,
glare, lighting, debris generated, contamination of surface or ground water, aesthetics, vibration, electrical
interference, and radiation.
Comprehensive Development Plan shall mean the Comprehensive Development Plan of Grand
Island, Nebraska as adopted by the City Council, setting forth policies for the present and foreseeable
future community welfare as a whole and meeting the purposes and requirements set forth in state statutes.
Conditional Use shall mean a use where allowed by the district regulations, that would not be
appropriate generally throughout the zoning district without restrictions, but which, if controlled as to
number, size, area, location, relationship to the neighborhood or other minimal protective characteristics
would not be detrimental to the public health, safety, and general welfare.
Conditional Use Permit shall mean a permit issued by the City Council that authorizes the
recipient to make conditional use of property in accordance with the provisions of Article 6 and any
additional conditions placed upon, or required by said permit.
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Condominium shall be as defined in state statutes, whereby four or more apartments are
separately offered for sale.
Confinement shall mean totally roofed buildings, which may be open-sided (for ventilation
purposes only) or completely enclosed on the sides, wherein animals or poultry are housed over solid
concrete or dirt floors, or slatted (partially open) floors over pits or manure collection areas in pens, stalls,
cages, or alleys, with or without bedding materials and mechanical ventilation. The word "confinement"
shall not mean the temporary confined feeding oflivestock during seasonal adverse weather.
Contlictinl! Land Use shall mean the use of property which transfers over neighboring property
lines negative economic, or environmental effects, including, but not limited to, noise, vibration, odor, dust,
glare, smoke, pollution, water vapor, mismatched land uses and/or density, height, mass, mismatched
layout of adjacent uses, loss of privacy, and unsightly views.
Conl!re!!ate Care Facility shall mean a long-term care facility exclusively for persons 60 years of
age or older, and which shall include, without limitation, common dining, social and recreational features,
special safety and convenience features designed for the needs of the elderly, such as emergency call
systems, grab bars and handrails, special door hardware, cabinets, appliances, passageways, and doorways
designed for residents including: meal services, transportation, housekeeping, linen, and organized social
activities.
Con!!re!!ate Housinl! shall mean a residential facility for four or more persons fifty-five (55)
years of age or over, their spouses, or surviving spouses, providing living and sleeping facilities including
meal preparation, dining areas, laundry services, room cleaning and common recreational, social, and
service facilities for the exclusive use of all residents including resident staff personnel who occupy a room
or unit in the residential facility.
Conservation shall mean the protection and care that prevents destruction or deterioration of
historical or otherwise significant structures, buildings or natural resources.
Conservation Area shall mean environmentally sensitive and valuable lands protected from any
activity that would significantly alter their ecological integrity, balance or character, except in overriding
public interest, including but not limited to: wetlands, floodways, flood plains, drainage ways, river or
stream banks, and areas of significant biological productivity or uniqueness.
Conservation Easement shall mean an easement granting a right or interest in real property that
is appropriate to retaining land or water areas predominantly in their natural, scenic, open, or wooded
condition and retaining such areas as suitable habitat for fish, plants, or wildlife, or maintaining existing
land uses or preserving the ability said land to be used for specific purposes such as on site wastewater
treatment systems.
Convenience Store shall mean a one-story, retail store that is designed and stocked to sell
primarily food, beverages, and other household supplies to customers who purchase only a relatively few
items (in contrast to a "supermarket. ") It is dependent on, and is designed to attract and accommodate large
volumes of stop-and-go traffic. (Also, see self-service Station.)
Conti!!uous shall mean the same as "Abut".
COpy Center shall mean a retail establishment that provides duplicating services using
photocopying, blueprint, and offset printing equipment, and may include the collating and binding of
booklets and reports.
Country CJub shall mean a land area and buildings containing golf courses, riding arenas, fishing
or hunting facilities and/or similar facilities, a clubhouse, and customary accessory uses, open only to
members and their guests.
Court shall mean an open, unoccupied space, other than a yard, on the same lot with a building or
buildings and abounded on three (3) or more sides by such buildings.
CuJ-de-Sac shall mean a short public way that has only one outlet for vehicular traffic and
terminates in a vehicular turn-around.
Curve Lot see "Lot, Curve".
Dairy Farm shall mean any place or premises upon which milk is produced for sale or other
distribution.
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Densitv shall mean the number of dwelling units per acre of land allowable on a given tract or
parcel of land.
Detention Cell shall mean a facility for the temporary storage of stormwater runoff.
Developer shall mean any person, corporation, partnership, or entity that is responsible for any
undertaking that requires a building or zoning permit, conditional use permit or sign permit.
Development shall mean 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 for which necessary permits may be required.
Development Concept Plan (See Site Plan.)
Development Review shall mean the review, by the city of subdivision plats, site plans, rezoning
requests, or permit review.
District shall mean any defined area within the jurisdiction of the governmental entity that is
designed to allow specific uses and structures as defined in the corresponding textual portion of the
regulation.
DOl!: Kennel (See Kennel, commercial; and Kennel, private.)
Domestic Animals (See Household Pet.)
Downzoninl!: shall mean a change in zoning classification of land to a less intensive or more
restrictive district such as from commercial district to residential district or from a higher density to a lower
density residential district.
Drive-In Facilitv shall mean an establishment where customers can be served without leaving the
confinement of their vehicle.
Drivewav shall mean any vehicular access to an off-street parking or loading facility.
Dump shall mean a place used for the disposal, abandonment, discarding by burial, incineration,
or by any other means for any garbage, sewage, trash, refuse, rubble, waste material, offal or dead animals.
Such use shall not involve any industrial or commercial process.
Duplex shall mean the same as "Dwelling, Two (2) Family".
Dwellinl!: Any building or portion thereof which is designed and used exclusively for single family
residential purposes.
Dwellinl!:. Farmstead shall mean any single family dwelling unit I residence associated with a
farming operation either on a separate tract of land or located as a part of the larger operation area.
Dwellinl!:. Manufactured Home A factory-built structure which is to be used as a place for
human habitation, which is not constructed or equipped with a permanent hitch or other device allowing it
to be moved other than to a permanent site, which does not have permanently attached to its body or frame
any wheels or axles, and which bears a label certifying that it was built in compliance with standards
promulgated by the United States Department of Housing and Urban Development.
Dwellinl!:. Modular (Is considered a conventional type single-family dwelling). Any prefabricated
structure, used for dwelling purposes, moved on to a site in an essentially complete constructed condition,
in one or more parts, and when completed is a single family unit on a permanent foundation, attached to the
foundation with permanent connections. To be a modular home it shall meet or be equivalent to the
construction criteria as defined by the Nebraska State Department of Health and Human Services under the
authority granted by Section 71-1555 through 71-1567 Revised Statutes of Nebraska 1943, in addition to
any amendments thereto.
Dwellinl!:. Multiple shall mean a building or buildings designed and used for occupancy by three
(3) or more families, all living independently of each other and having separate kitchen and toilet facilities
for each family.
Dwellinl!:. Seasonal shall mean a dwelling designed and used as a temporary residence and
occupied less than six months in each year.
Dwellinl!:. Sinl!:le Familv is a building having accommodations for or occupied exclusively by one
family which meet all the following standards:
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(A) The home shaII have no less than nine hundred (900) square feet of floor area, above grade,
for single story construction;
(B) The home shall have no less than an eighteen (18) foot exterior width;
(C) The roof shall be pitched with a minimum vertical rise of two and one-half (2 1/2) inches for
each twelve (12) inches of horizontal run;
(D) The exterior material is of a color, material and scale comparable with those existing in
residential site-built, single family construction;
(E) The home shall have a non-reflective roof material that is or simulates asphalt or wood
shingles, tile, or is a standing seam residential grade steel material, or rock;
(F) The home shaII be placed on a continuous permanent foundation and have wheels, axles,
transporting lights, and removable towing apparatus removed, and
(G) The home shaII meet and maintain the same standards that are uniformly applied to all single-
family dwellings in the zoning district.
(H) Permanent foundation: continuous perimeter base on which building rests to be constructed
from either poured concrete, laid masomy block, brick or aII-weather wood foundation on a
footing to be placed a minimum of thirty-six (36) inches below the final ground level.
DwelIinl!:, Sinl!:le-Familv (Attached) shaII mean a one-family dwelling unit that is attached to one
additional single-family dweIIing. Said dwelling units are separated by an unpierced common wall through
the structure that also sits along the property line separating ownership of the structure.
Dwellinl!:, Two (2) Familv shaII mean a building designed or used exclusively for the occupancy
of two (2) families living independently of each other and having separate kitchen and toilet facilities for
each family.
Dwellinl!: Unit One room, or rooms connected together, constituting a separate, independent
housekeeping establishment for owner occupancy or lease on a weekly, monthly, or longer basis, and
physicaIIy separate from any other rooms or dwelling units which may be in the same structure, and
containing independent cooking, toilet and sleeping facilities.
Easement shall mean a right to use a parcel of land, granted to the general public, utility,
corporation or person( s) for a specific purpose or purposes.
Educational Institution shall mean a public or nonprofit institution or facility which conducts
regular academic instruction at preschool, kindergarten, elementary, secondary, and coIIegiate levels,
including graduate schools, universities, junior coIIeges, trade schools, nonprofit research institutions and
religious institutions. Such institutions must either: (1) Offer general academic instruction equivalent to
the standards established by the State Board of Education; or (2) Confer degrees as a college or university
or undergraduate or graduate standing; or (3) Conduct research; or (4) Give religious instruction. Private
schools, academies, or institutes incorporated or otherwise, which operate for a profit, commercial, or
private trade schools are not included in this definition.
Eleemosvnarv Institution shaII mean any building or group of buildings devoted to and
supported by charity.
Encroachment shall mean an advancement or intrusion beyond the lines or limits as designated
and established by this chapter, and to infringe or trespass into or upon the possession or right of others
without permission.
Enlarl!:ement shall mean the expansion of a building, structure, or use in volume, size, area,
height, length, width, depth, capacity, ground coverage, or in number.
Environmentallv Controlled Housinl!: shall mean any livestock operation meeting the definition
of a Livestock Feeding Operation (LFO) and is contained within a building which is roofed, and mayor
may not have open sides and contains floors which are hard surfaced, earthen, slatted or other type of floor.
The facility is capable of maintaining and regulating the environment in which the livestock are kept.
Erected shaII mean constructed upon or moved onto a site.
Existinl!: and Lawful shall mean the use of a building, structure, or land was in actual existence,
operation, and use, as compared to the use being proposed, contemplated, applied for, or in the process of
being constructed or remodeled. In addition, the use must either have been permitted, authorized, or
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allowed by law or any other applicable regulation prior to the enactment of a zoning regulation when first
adopted or permitted, authorized or allowed by the previous zoning regulation prior to the adoption of an
amendment to that zoning regulation.
Expresswav shall mean a street or road that provides fast and efficient movement of large
volumes of vehicular traffic between areas and does not provide direct access to property.
Exterior buildinl! component shall mean an essential and visible part of the exterior of a
building.
External desil!n feature shall mean the general arrangement of any portion of a building, sign,
landscaping, or structure and including the kind, color, and texture of the materials of such portion, and the
types of roof, windows, doors, lights, attached or ground signs, or other fixtures appurtenant to such
portions as will be open to public view from any street, place, or way.
Extra Territorial Jurisdiction shall mean the area beyond the corporate limits, in which the City
has been granted the powers by the state to exercise zoning and building regulations and is exercising such
powers.
Facade shall mean the exterior wall of a building exposed to public view from the building's
exterior.
Factorv shall mean a structure or plant within which something is made or manufactured from
raw or partly wrought materials into forms suitable for use.
Familv shall mean a household head and one or more persons related to the head by blood,
marriage or adoption living together in a single dwelling unit.
Familv Child Care Home I shall mean a child care operation in the provider's place of residence
which serves between four (4) and eight (8) children at anyone time. A Family Child Care Home I
provider may be approved to serve no more than two (2) additional school-age children during non-school
hours. In addition to these regulations, a Child Care Home shall meet requirements of the State of
Nebraska.
Familv Child Care Home II shall mean a child care operation either in the provider's place of
residence or a site other than the residence, serving twelve (12) or fewer children at anyone time. In
addition to these regulations, a Child Care Home shall meet requirements of the State of Nebraska.
Farm shall mean an area containing at least twenty (20) acres or more which is used for growing
of the usual farm products such as vegetables, fruit, and grain, and the storage on the area, as well as for the
raising thereon of the usual farm poultry and farm animals. The term farming includes the operating of such
area for one or more of the above uses with the necessary accessory uses for treating or storing the produce
and the feeding of livestock as hereinafter prescribed; provided such accessory uses do not include the
feeding of garbage or offal to swine or other animals.
Farminl! shall mean the planting, cultivating, harvesting and storage of grains, hay or plants
commonly grown in Nebraska with the necessary accessory uses for treating or storing the produce and the
feeding of livestock as prescribed hereunder, provided such accessory uses do not include the feeding of
garbage or offal to swine or other animals.
Farmstead In contrast to a farmstead dwelling, a tract of land of not less than 1 acre and not more
than 20 acres, upon which a farm dwelling and other outbuildings and barns existed as of August 1, 2004,
and was used for single-family resident purposes.
Feed Lot shall mean the confinement of horses, sheep, pigs, and other food animals in buildings,
lots, pens, pools or ponds which normally are not used for raising crops or for grazing animals.
Fence shall mean a structure serving as an enclosure, barrier or boundary.
(A) Fence, Open shall mean a fence, including gates, which has, for each one foot (1') wide
segment extending over the entire length and height of fence, fifty percent (50%) or more of
the surface area in open spaces which affords direct views through the fence.
(m Fence, Solid shall mean any fence that does not qualify as an open fence.
Flood see definition in ~36-128 of this chapter.
Flood Plain see definition in ~36-128 of this chapter.
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Floodwav see definition in 936-128 of this chapter.
Floor Area whenever the term "floor area" is used in this chapter as a basis for requiring off-street
parking for any structure, it shall be assumed that, unless otherwise stated, said floor area applies not only
to the ground floor area but also to any additional stories of said structure. All horizontal dimensions shall
be taken from the exterior faces of walls.
Food Sales shall mean establishments or places of business primarily engaged in the retail sale of
food or household products for home consumption. Typical uses include groceries, delicatessens, meat
markets, retail bakeries, and candy shops.
Fronta!!:e shall mean that portion of a parcel of property which abuts a dedicated public street or
highway.
Gara!!:e, Private shall mean a detached accessory building or a portion of a main building on the
same lot as a dwelling for the housing of vehicles of the occupants of the dwelling, including carports.
Gara!!:e, Public shall mean any garage other than a private garage.
Gara!!:e, Repair shall mean a building designed and used for the storage, care, repair, or
refinishing of motor vehicles including both minor and major mechanical overhauling, paint, and body
work as a commercial business (Also, see Service Station).
Garba!!:e shall mean any waste food material of an animal or vegetable nature, including that
which may be used for the fattening of livestock.
Gated Communities shall mean residential areas that restrict access to normally public spaces.
These are subdivisions of usually high-end houses. The type of gates can range from elaborate guard
houses to simple electronic arms.
Grade shall mean the average of the finished ground level at the center of all walls of a building.
In case walls are parallel to and within five feet of a sidewalk, the ground level shall be measured at the
sidewalk.
Grand Island Fee Schedule shall mean the fee schedule adopted and maintained by the City of
Grand Island, which establishes the required fees to be collected for various City services.
Graphic element shall mean a letter, illustration, symbol, figure, insignia, or other device
employed to express and illustrate a message or part thereof.
Greenhouse shall mean a building or premises used for growing plants, preparation of floral
arrangements for off-site delivery to customers, cold storage of flowers or dry storage of materials used for
agricultural or horticultural purposes.
Greenwav shall mean a parcel or parcels of land, together with the improvements thereon,
dedicated as an easement for access and/or recreation; usually a strip of land set aside for a walkway,
bicycle trail, bridal path, or other similar access-way.
Ground Cover shall mean plant material used in landscaping which remains less than twelve (12)
inches in height at maturity. (Also, see Landscaping.)
Ground Water shall mean water occurring beneath the surface of the ground that fills available
openings in the rock or soil materials such that they may be considered saturated.
Group Care Home shall mean a home which is operated under the auspices of an organization
which is responsible for providing social services, administration, direction, and control for the home which
is designed to provide twenty-four hour care for individuals in a residential setting.
Group Home for the Disabled shall mean a dwelling with resident staff shared by four or more
handicapped persons who live together as a single housekeeping unit and in a long term, family-like
environment in which staff persons provide care, education, and participation in community activities for
the residents with the primary goal of enabling the residents to live as independently as possible in order to
reach their maximum potential. As used herein, the term "disabled" shall mean having:
(A) A physical or mental impairment that substantially limits one or more of such person's major
life activities so that such person is incapable ofliving independently;
(B) A record of having such an impairment; or
(C) Being regarded as having such impairment.
Handicap shall not include current, illegal use of or addiction to a controlled substance as defined in state
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Grand Island City Code, 2002 Edition
statutes.
Group Housilll! shall mean two or more separate buildings on a lot, each containing one or more
dwelling units.
Guest Room shall mean a room which is designed to be occupied by one (1) or more guest for
sleeping purposes, having no kitchen facilities, not including dormitories.
Half-Storv shall mean a story under a gable, hip or gambrel roof, plates of which are not more
than three (3) feet above the floor of such story.
Halfwav House shall mean a licensed home for individuals on release from more restrictive
custodial confinement or initially placed in lieu of such more restrictive custodial confinement, living
together as a single housekeeping unit, wherein supervision, rehabilitation and counseling are provided to
mainstream residents back into society, enabling them to live independently.
Hard Surfaced shall mean any surface used for movement of vehicular and / or pedestrians which
is properly designed and paved with a permanent type, dust-free surface such as asphalt, concrete, or
paving brick.
Harmonv shall mean a quality that represents an appropriate and congruent arrangement of parts,
as in an arrangement of varied architectural and landscape elements.
Hazardous Waste shall mean waste products of industrial or chemical process including finished
surplus, used, contaminated, or unwanted fertilizer, herbicide, petroleum products, or other such processed
waste material that requires special handling treatment, and disposal methods.
Health Club shall mean privately owned for profit facilities such as gymnasiums, athletic clubs,
health clubs, recreational clubs, reducing salons, and weight control establishments.
Health Recreation Facilitv shall mean an indoor or outdoor facility including uses such as game
courts, exercise equipment, locker rooms, whirlpool spa and/or sauna and pro shop.
Hedl!:e shall mean a plant or series of plants, shrubs or other landscape material, so arranged as to
form a physical barrier or enclosure.
Heil!:ht of Buildinl!: see definition of Building Height herein.
Holdinl!: Pond shall mean an impoundment made by constructing an excavated pit, dam,
embankment, or combination of these for temporary storage ofliquid livestock wastes.
Home for the Al!:ed (see Long-Term Care Facility)
Home Improvement Center shall mean a facility engaged in the retail sale of various basic
hardware lines, such as tools, builders' hardware, paint and glass, housewares and household appliances,
garden supplies, and cutlery.
Home Occupation shall mean an "in-home" or "home based" or entrepreneurial business
operating from a residential dwelling within the extra-territorial jurisdiction of the City of Grand Island.
Home occupations are considered accessory uses to properties in all zoning districts.
Homeowners Association shall mean a private, nonprofit corporation or association of
homeowners of properties in a fixed area, established for the purpose of owning, operating, and
maintaining various common properties and facilities.
Hotel shall mean a building or portion thereof, or a group of buildings, offering transient lodging
accommodations on a daily rate to the general public and providing services associated with restaurants,
meeting rooms, and recreational facilities. The word "hotel" includes motel, inn, automobile court, motor
inn, motor lodge, motor court, tourist court, motor hotel.
Household Pet shall mean an animal that is customarily kept for personal use or enjoyment within
the home. Household pet shall include but not be limited to domestic dogs, domestic cats, domestic tropical
birds, fish, and rodents.
Housinl!: for the Elderlv shall mean a multi-family structure, controlled by either a public entity,
private for profit, institutional body, or non-profit corporation. The facility houses predominantly persons
62 years of age or older.
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Impervious Surface shall mean a surface that has been compacted or covered with a layer of
material making the surface highly resistant to infiltration by water, such as rock, gravel, or clay and
conventionally surfaced streets, roofs, sidewalks, parking lots, and driveways.
Incidental Use shall mean a use, which is subordinate to the main use of a premise.
Industrv shall mean the manufacture, fabrication, processing reduction or destruction of any
article, substance or commodity, or any other treatment thereof in such a manner as to change the form,
character, or appearance thereof and including storage elevators, truck storage yards, warehouses,
wholesale storage and other similar types of enterprise.
Infill Development shall mean the construction of a building or structure on a vacant parcel
located in a predominately built up area.
Infill Site shall mean any vacant lot, parcel, or tract of land within developed areas of the city,
where at least 80 percent of the land within a 300-foot radius of the site has been developed, and where
water, sewer, streets, schools, and fire protection have already been constructed or are provided.
Institutional Buildinl! shall mean a public and public/private group use of a nonprofit nature,
typically engaged in public service (i.e. houses of worship, nonprofit cultural centers, charitable
organizations).
Intensitv shall mean the degree to which land is used referring to the levels of concentration or
activity in uses ranging from uses of low intensity being agricultural and residential to uses of highest
intensity being heavy industrial uses. High intensity uses are normally uses that generate concentrations of
vehicular traffic and daytime population and are less compatible with lower intensive uses.
Intent and Purpose shall mean that the Commission and Council by the adoption of this
Regulation, have made a finding that the health, safety, and welfare ofthe Community will be served by the
creation of the District and by the regulations prescribed therein.
Juice Bar (See Adult Establishment.)
Junk shall be any worn-out, cast-off, old, or discarded articles of scrap, copper, brass, iron, steel,
rope, rags, batteries, paper, trash, rubber, debris, waste, dismantled or wrecked automobiles, or parts
thereof, and other old or scrap ferrous or nonferrous material.
Junk Yard shall definition of Salvage Yard herein.
Kennel, Boardinl! and Traininl! shall mean any lot or premises on which three (3) or more dogs,
cats or non-farm/non-domestic or any combination of five (5) or more thereof, at least four (4) months of
age, are boarded, bred, or trained for a fee.
Kennel, Commercial shall mean an establishment where three (3) or more dogs, cats, or other
household pets, or non- farm/non-domestic or any combination of five (5) or more thereof, at least four (4)
months of age are groomed, bred, boarded, trained, or sold as a business.
Kennel, Private shall mean the keeping, breeding, raising, showing or training of four or more
animals over six months of age for personal enjoyment of the owner or occupants of the property, and for
which commercial gain is not the primary objective.
Lal!oon shall mean a wastewater treatment facility which is a shallow, artificial pond where
sunlight, bacterial action, and oxygen interact to restore wastewater to a reasonable state of purity. This
includes both human and livestock wastes. All lagoons shall meet the minimum design criteria established
by the Nebraska Department of Environmental Quality and the Nebraska Department of Health and Human
Services. All lagoons shall have the proper permits approved prior to starting construction.
Land Use Plan shall mean the same as Comprehensive Development Plan.
Landfill shall mean a disposal site employing a method of disposing solid wastes in a manner that
minimizes environmental hazards in accordance with state and federal requirements.
Landscape shall mean plant materials, topography, and other natural physical elements combined
in relation to one another and to man-made structures.
Landscapinl!: shall include the original planting of suitable vegetation in conformity with the
requirements of this Regulation and the continued maintenance thereof.
Larl!e Box Retail shall mean a singular retail or wholesale user that occupies no less than 30,000
square feet of gross floor area. These uses typically include: membership wholesale clubs emphasizing in
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Page 36-15
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Grand Island City Code, 2002 Edition
large bulk sales, discount stores, pharmacies, grocery stores, especially warehouse style point of sale
concepts and department stores.
Laundrv, Self Service shall mean an establishment that provides home-type washing, drying,
and/or ironing facilities for customers on the premises.
Life Care Facilitv shall mean a facility for the transitional residency of the elderly and/or disabled
persons, progressing from independent living to congregate apartment living where residents share
common meals and culminating in full health and continuing care nursing home facility. (Also, see
Congregate Housing and Housing for the Elderly.)
Li1!:ht Cut-Off Anf!)e shall mean an angle from vertical, extending downward from a luminaries,
which defines the maximum range of incident illumination outward at the ground plane.
Limits of Gradinf! shall mean the outermost edge of the area in which the existing topography is
to be altered by cutting and/or filling.
LiQuids Manure shall mean that type of livestock waste that is in liquid form, collected in liquid
manure pits or lagoons and which can be sprayed or injected beneath the surface.
LiQuid Manure Storaf!e Pits shall mean earthen or lined pits wholly or partially beneath a semi
or totally housed (ECH) livestock operation or at some removed location used to collect waste production.
Livestock (See Animals, Farm.)
Livestock Feedinf! Operation (LFO) shall mean any farming operation exceeding the per acre
Animal Unit (A.D.) ratio as defined under "farming" or the feeding, farrowing, or raising cattle, swine,
sheep, poultry, or other livestock, in a confined area where grazing is not possible, and where the confined
area is for more than six (6) months in anyone calendar year, and where the number of animals so
maintained exceeds three hundred (300) Animal Units as defined below. The confined area of the livestock
feeding operation shall include the pens, corrals, sheds, buildings, feed storage areas, waste disposal ponds,
and related facilities. Such facilities shall be constructed and operated in conformance with applicable
county, state, and federal regulations. Two (2) or more livestock feeding operations under common
ownership are deemed to be a single livestock feeding operation if they are adjacent to each other or if they
utilize a common area of system for the disposal of livestock wastes. Animal Units (AD.) are defined as
follows:
One (1) AD.= One (1) Cow/Calf combination
One (1) AU.= One (1) Slaughter, Feeder Cattle;
One (1) AD.= One-half (1/2) Horse;
One (1) AD.= Seven Tenths (.7) Mature Dairy Cattle;
One (1) AD.= Two and One Half (2.5) Swine (55 pounds or more);
One (1) AD.= Twenty Five (25) Weaned Pigs (less than 55 pounds);
One (1) AD.= Two (2) Sows with Litters;
One (1) A.U.= Ten (10) Sheep;
One (1) A.U.= One Hundred (100) Chickens;
One (1) AD.= Fifty (50) Turkeys;
One (1) A.U.= Five (5) Ducks.
Livestock Wastes shall mean animal and poultry excreta and associated feed losses, bedding,
spillage, or overflow from watering systems, wash and flushing waters, sprinkling waters fi:om livestock
cooling, precipitation polluted by falling on or flowing onto a livestock operation, and other materials
polluted by livestock or their direct product.
Loadinf! Space shall mean an off-street space or berth on the same lot with a main building, or
contiguous to a group of buildings, for the temporary parking of commercial vehicles while loading or
unloading, and which abuts a street, alley, or other appropriate means of ingress and egress.
LOl!ic of Desilm shall mean accepted principles and criteria of validity in the solution of the
problem of design.
Page 36-16
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Chapter 36 a Zoning
Lone:-Term Care Facility shall mean a facility as defined in Title 15, Chapter 3 Nebraska
Department of Health and Human Services and Neb. Rev. Stat. Section 71-2017.01. These facilities
include:
I
Nursing facilities
Boarding home
Adult Care Home
Assisted Living Facility
Center for the Developmentally Disabled
Group Residence
Swing Bed
Adult Day Care
Lot shall mean a parcel or tract of land which is or may be occupied by a use herein permitted,
together with yards, and other open spaces herein required, that has frontage upon a street, and is a part of a
recorded subdivision plat or has been recorded. prior to April 22, 1968, or a parcel of real property
delineated on an approved record of survey, lot-split or sub-parceling map as filed in the office of the
County Register of Deeds and abutting at least one (1) public street or right-of-way.
Lot Area shall mean the total area, on a horizontal plane, within the lot lines of a lot.
Lot, Corner shall mean a lot located at the intersection of two (2) or more streets at an angle of
not more than one hundred thirty-five (135) degrees. If the angle is greater than one hundred thirty-five
(13 5) degrees, the lot shall be considered an "Interior Lot".
Lot Coverae:e shall mean the portion of a lot or building site which is occupied by any building or
structure, excepting paved areas, and walks, regardless of whether said building or structure is intended for
human occupancy or not.
Lot, Curve shall mean a lot fronting on the outside curve of the right-of-way of a curved street,
which street has a centerline radius of three hundred (300) feet or less.
Lot Depth shall mean the horizontal distance between the front and rear lot lines measured in the
mean direction of the side lot lines.
Lot, Double Frontae:e shall mean a lot having a frontage on two non-intersecting streets as
distinguished from a comer lot.
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Grand Island City Code, 2002 Edition
Lot, Flal! shall mean a lot with frontage and access provided to the bulk of the lot by means of a
narrow corridor. The measurement of the actual lot frontage shall be made along the widest portion of the
lot along the line parallel to the street.
Lot, Frontal!e shall mean the side of a lot abutting on a legally accessible street right-of-way
other than an alley or an unimproved county road. For the purposes of this definition, on comer lots, all
sides of a lot adjacent to streets or roads shall be considered frontage.
Lot, Kev shall mean a lot: (1) abutting the entire length of at least one of its side lot lines, either
directly or across an alley, the rear lot line of any other lot; or (2) situated between two such key lots.
Lot, Interior shall mean a lot other than a comer lot.
Lot Line shall mean the property line bounding a lot.
(A) Lot Line, Front shall mean the property line abutting a street.
(B) Lot Line, Rear shall mean a lot line not abutting a street which is opposite and most distant
from the front lot line.
(C) Lot Line, Side shall mean any lot line not a front lot line or rear lot line.
Lot, Nonconforminl! shall mean a lot having less area or dimension than that required in the
district in which it is located and which was lawfully created prior to the zoning thereof whereby the larger
area or dimension requirements were established, or any lot, other than one shown on a plat recorded in the
office of the Hall County Register of Deeds, which does not abut a public road or public road right-of-way
and which was lawfully created.
Lot Throul!h shall mean a lot having frontage on two (2) dedicated streets, not including a comer
lot.
Lot of Record shall mean a lot held in separate ownership as shown on the records of the Hall
County Register of Deeds at the time of the passage of a regulation or regulation establishing the zoning
district in which the lot is located.
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Lot Width shall mean the average horizontal distance between the side lot line, measured at right
angles to the lot depth at a point midway between the front and rear lot lines.
Manufactured Home Park shall mean a parcel of land under single ownership that has been
planned and improved for the placement of manufactured housing used or to be used for dwelling purposes
and where manufactured home spaces are not offered for sale or sold. The term "manufactured home park"
does not include sales lots on which new or used manufactured homes are parked for the purposes of
storage, inspection, or sale.
Manufactured Home Subdivision shall mean any area, piece, parcel, tract or plot of ground
subdivided and used or intended to be used for the purpose of selling lots for occupancy by manufactured
homes.
Manufacturinl! shall mean uses primarily engaged in the mechanical or chemical transformation
of materials or substances into new products. These uses are usually described as plants, factories, or mills
and characteristically use power driven machines and materials handling equipment. Uses engaged in
assembling component parts of manufactured products are also considered manufacturing if the new
product is neither a structure nor other fixed improvement. Also included is the blending of material such
as lubricating oils, plastics, resins, or liquors. Manufacturing production is usually carried on for the
wholesale market, for interplant transfer, or to order for industrial users, rather than for direct sale to the
domestic consumer.
Map, Official Zonin!! shall mean a map delineating the boundaries of zoning districts which,
along with the zoning text, is officially adopted by the Grand Island City Council as "The Official Zoning
Map of the City of Grand Island, Nebraska."
Massal!e Establishment shall mean any building, room, place, or establishment other than a
regularly licensed and established hospital or dispensary where non-medical or non-surgical manipulative
exercises or devices are practiced upon the human body manually or otherwise by any person other than a
licensed physician, surgeon, dentist, occupational and/or physical therapist, chiropractor, or osteopath with
or without the use of therapeutic, electrical, mechanical, or bathing device. Said establishment shall comply
with all state regulations.
Massal!e Parlor (See Adult Massage Parlor.)
Mechanical Equipment shall mean equipment, devices, and accessories, the use of which relates
to water supply, drainage, heating, ventilating, air conditioning, and similar purposes.
Mini-Storal!e or Mini-Warehouse (See Self-Service Storage Facility.)
Miscellaneous Structures shall mean structures, other than buildings, visible from public ways.
Examples are: memorials, stagings, antennas, water tanks and towers, sheds, shelters, fences, and walls,
kennels, transformers, drive-up facilities.
Mixed Use shall mean properties where various uses, such as office, commercial, institutional,
and residential, are combined in a single building or on a single site in an integrated development project
with significant functional interrelationships and a coherent physical design.
Mobile Home Park (See Manufactured Home Park.)
Mobile Home Subdivision (See Manufactured Home Subdivision.)
Monotonv shall mean repetitive sameness, lacking variety and variation, and/or reiteration.
Motel (See Hotel.)
Motor Vehicle shall mean every self-propelled land vehicle, not operated upon rails, except
mopeds and self-propelled invalid chairs.
Nebraska Revised Reissued Statutes, 1943 and the abbreviated term Nebr. R. R. S., 1943 are
one and the same.
Nil!htclub shall mean a commercial establishment dispensing beverages for consumption on the
premises and in which dancing is permitted or entertainment is provided, except as defined under Adult
Cabaret. (Also, see Bar.)
Non-Ae:ricultural Land shall mean any tract, parcel or lot that is used for any purpose that does
not meet the definition of Agriculture in this section.
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Non-community Water Supply System shall mean any public water supply system that is not a
community water supply system.
Non-Conformine: Buildine: shall mean a building or portion thereof which was lawful when
established but which does not conform to subsequently established zoning or zoning regulations.
Non-Conformine: Use shall mean a use lawful when established but which does not conform to
subsequently established zoning or zoning regulation.
Non-Farm Buildine:s are all buildings except those buildings utilized for agricultural purposes on
a farmstead of twenty acres or more which produces one thousand dollars or more of farm products each
year.
Nursery shall mean the use of a premises for the propagation, cultivation, and growth of trees,
shrubs, plants, vines, and the like from seed or stock, and the sale thereof, and including the sale of trees,
shrubs, plants, vines, and the like purchased elsewhere and transplanted into the soil of the premises. In
connection with the sale of plants, such fungicides, insecticides, chemicals, peat moss, humus, mulches,
and fertilizers as are intended to be used in preserving the life and health of the plants may be sold.
Nursine: Home see Congregate Care Facility
Nursery School see Preschool
Office shall mean a building or a portion of a building wherein services are performed involving,
primarily, administrative, professional, or clerical operations.
Official Map (See Map, Official Zoning District.)
Off-Street Parkine: Area or Vehicular Use shall refer to all off street areas and spaces designed,
used, required, or intended to be used for parking, including driveways or access ways in and to such areas.
Open Lots shall mean pens or similar concentrated areas for livestock, including small shed-type
areas or open-front buildings, with dirt, or concrete (or paved or hard) surfaces, wherein animals or poultry
are substantially or entirely exposed to the outside environment except for possible small portions affording
some protection by windbreaks or small shed-type areas.
Open Space shall mean a parcel or parcels of land, together with the improvements thereon,
primarily set aside for recreational use and enjoyment, exclusive of land areas used for streets, alleys,
roads, driveways, parking areas, structures, and buildings.
Open Space. Common shall mean a separate and distinct area set aside as open space within or
related to a development, and not on individually owned lots or dedicated for public use, but which is
designed and intended for the common use or enjoyment of the residents of the development. Rights-of-
way, private streets, driveways, parking lots or other surfaces designed or intended for vehicular use or
required yards shall not be included as common open space.
Outlot shall mean a lot remnant or parcel of land left over after platting, which is intended as open
space or other use, for which no building permit shall be issued for any private structure. Typically uses are
limited within the subdivision agreement and/or plat.
Overlay District shall mean a district in which additional requirements act in conjunction with the
underlying zoning district. The original zoning district designation does not change.
Owner shall mean one or more persons, including corporations, who have title to the property,
building or structure in question.
PaintbaIl shall mean all guns and other devices used for the purpose of firing pellets containing a
latex paint at a person or target.
PaintbaIl Course. Commercial shall mean a commercial recreational park containing obstacle
courses for the purpose of staging paintball battles. Said facility generally collects a fee, either as
membership or on a visit by visit basis, that allows individuals to participate in paintball activities.
Parcel shall mean a lot or a contiguous group of lots in single ownership or under single control,
which may be considered as a unit for purposes of development.
Park shall mean any public or private land available for recreational, educational, cultural, or
aesthetic use.
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Parkin!!: Area, Private shall mean an area, other than a street, used for the parking of motor
vehicles capable of moving under their own power and restricted from general public use.
Parkin!!: Area, Public shall mean an area, other than a private parking area or street used for the
parking of vehicles capable of moving under their own power, either free or for remuneration.
Parkin!!: Space, Automobile shall mean an area, other than a street or alley, reserved for the
parking of an automobile, such space having an area of not less than 180 square feet and no dimension of
less than nine (9) feet, plus such additional area as is necessary to afford adequate ingress and egress.
Parkway shall mean an arterial highway with full or partial control of access, and located within a
park or ribbon of park like development.
Performance Guarantee shall mean a financial guarantee to ensure that all improvements,
facilities, or work required by this chapter will be completed in compliance with these regulations as well
as with approved plans and specifications of a development.
Permanent Foundation shall mean a base constructed from either poured concrete, laid masomy
rock, brick, or all-weather wood and placed on a footing located below ground level to a point below the
frost line upon which a building or structure is permanently attached.
Permanent Tree Protection Devices shall be structural measures, such as retaining walls or
aeration devices that are designed to protect the tree and its root systems throughout its lifetime.
Permanentlv Attached shall mean connected to real estate in such a way as to require
dismantling, cutting away, or unbolting in order to remove, relocate, or replace.
Permitted Use shall mean any land use allowed without condition within a zoning district.
Person shall mean an individual, firm, co-partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, City, County, special district or any
other group or combination acting as an entity, except that it shall not include Grand Island, Nebraska.
Pet Shop shall mean a retail establishment primarily involved in the sale of domestic animals,
such as dogs, cats, fish, birds, and reptiles, excluding exotic animals and farm animals such as horses,
cattle, goats, sheep and poultry.
Planned Unit Development shall mean a development designed to provide for an unusual or
different arrangement of residential, business, or industrial uses in accordance with an approved
development plan.
Plannin!!: Commission shall mean the Hall County Regional Planning Commission.
Plant Materials shall mean trees, shrubs, vines, ground covers, grass, perennials, annuals, and
bulbs.
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Plat shall mean a map showing the location, boundaries, and legal description of individual
properties, including street rights-of-way, public utility easements, etc.
Policv shall mean a statement or document of the City, such as the comprehensive plan, that forms
the basis for enacting legislation or making decisions.
Poultry, Commercial Feedin!!: shall mean a poultry commercial feed lot, whether the confined
feeding operations are enclosed or outdoors.
Premises shall mean a tract of land, consisting of one lot or irregular tract, or more than one lot or
irregular tract, provided such lots or tracts are under common ownership, contiguous, and used as a single
tract. A building or land within a prescribed area.
Preschool shall mean an early childhood program which provides primarily educational services,
where children do not nap and where children are not served a meal.
Private Well shall mean a well that provides water supply to less than fifteen (15) service
connections and regularly serves less than twenty-five (25) individuals.
Prohibited Use shall mean any use of land, other than nonconforming, which is not listed as a
permitted use or conditional use within a zoning district.
Proportion shall mean a balanced relationship of parts of a building, landscape, structures, or
buildings to each other and to the whole.
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Protected Zone shall mean all lands that fall outside the buildable areas of a parcel, all areas of a
parcel required to remain in open space, and/or all areas required as landscaping strips according to the
provisions of this chapter.
Public Utility shall mean any business which furnishes the general public telephone service,
telegraph service, electricity, natural gas, water and sewer, or any other business so affecting the public
interest as to be subject to the supervision or regulation by an agency of the state or federal government.
Public Water Supplv shall mean a water supply system designed to provide public piped water fit
for human consumption, if such system has at least fifteen (15) service connections or regularly serves at
least twenty-five individuals. This definition shall include: (1) Any collection, treatment, storage, or
distribution facilities under the control of the operator of such system and used primarily in connection with
such system; and (2) Any collection or pretreatment storage facilities not under such control which are used
primarily in the connection with such system.
Railroad shall mean the land use including the right-of-way (R.O.W.) abutting railroad properties
occupied by uses pertinent to the railroad operation and maintenance, but not including properties owned
by the railroad and leased for use by others.
Recreational Facilitv shall mean facilities for the use by the public for passive and active
recreation including tennis, handball, racquetball, basketball, track and field, jogging, baseball, soccer,
skating, swimming, or golf. This shall include country clubs and athletic clubs, but not facilities accessory
to a private residence used only by the owner and guests, nor arenas or stadiums used primarily for
spectators to watch athletic events. In addition, recreational facilities shall mean museums, amphitheaters,
race tracks (including all motor powered vehicles) and wildlife conservation areas (used for public
viewing), and theme parks.
Recreational Vehicle (RV) shall mean a vehicular unit less than forty (40) feet in overall length,
eight (8) feet in width, or twelve (12) feet in overall height, primarily designed as a temporary living
quarters for recreational camping or travel use having either its own power or designed to be mounted on or
drawn by a motor vehicle. Recreational vehicle includes motor home, truck camper, travel trailer, camping
trailer, and fifth wheel.
Recreational Vehicle (RV) Park shall mean a tract ofland upon which two or more recreational
vehicle sites are located, established, or maintained for occupancy by recreational vehicles of the general
public as temporary living quarters for recreation or vacation purposes by campers, vacationers, or
travelers.
Residence shall mean a building used, designed, or intended to be used as a home or dwelling
place for one (1) or more families.
Restaurant shall mean a public eating establishment at which the primary function is the
preparation and serving of food primarily to persons seated within the building.
(A) Restaurant, Drive-In shall mean an establishment that has the facilities to serve prepared
food and/or beverages to customers seated within motor vehicles for consumption either on or off
the premises.
(B) Restaurant, Entertainment shall mean an establishment where food and drink are prepared,
served, and consumed, within a building or structure that integrally includes electronic and
mechanical games of skill, simulation, and virtual reality, play areas, video arcades or similar uses,
billiards, and other forms of amusement.
(C) Restaurant, Fast Food shall mean an establishment whose principal business is the sale of
food and/or beverages in ready-to-consume individual servings, for consumption either within the
establishment, for carryout, or drive-in; and where food and/or beverages are usually served in
paper, plastic, or other disposable containers.
Retail Trade shall mean uses primarily engaged in selling merchandise for personal or household
consumption and rendering services incidental to the sale of goods. Uses engaged in retail trade sell
merchandise to the general public or to households for personal consumption.
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Chapter 36 c Zoning
Retention Cell shall mean a pond, pool, or basin used for the permanent storage of stormwater
runoff.
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Reverse Spot Zoninl! shall mean an arbitrary zoning or rezoning of a small tract of land that is
not consistent with the comprehensive land use plan and that uniquely burdens an individual owner largely
to secure some public benefit. Reverse spot zoning usually results from downzoning a tract of land to a
less intensive use classification than that imposed on nearby properties.
Rezoninl! shall mean an amendment to or change in the zoning regulations either to the text or
map or both.
Rezoninl!, Piecemeal shall mean the zoning reclassification of individual lots resulting in
uncertainty in the future compatible development of the area.
Ril!ht-of- W ay shall mean an area or strip of land, either public or private, on which an irrevocable
right of passage has been dedicated, recorded, or otherwise legally established for the use of vehicles or
pedestrians or both.
Road shall mean the same as "Street".
Road, Private shall mean a way, other than driveways, open to vehicular ingress and egress
established for the benefit of certain, adjacent properties. (Also, see right-of-way and Street.)
Road, Public shall mean a public right-of-way reserved or dedicated for street or road traffic.
(Also, see right-of-way and Street.)
Room shall mean an un-subdivided portion of the interior of a dwelling unit, excluding bathroom,
kitchen, closets, hallways, and service porches.
Salval!e Yard shall mean any building, lot, yard or premise used for the collection, processing,
salvage, storage, bailing or shipping of junked vehicles, vehicle parts, paper, cardboard, glass, plastic,
metals, rags, scrap materials, junk, or material similar to those listed herein.
Satellite Dish Antenna shall mean a round, parabolic antenna incorporating a reflective surface
that is solid, open mesh, or bar configured and is in the shape of a shallow dish, or cone and used to
transmit and/or receive radio or electromagnetic waves.
Scale shall mean a proportional relationship of the size of parts to one another and to the human
figure.
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School, Day shall mean a preschool or nursery school for children.
School, Day, Pre-, or Nursery shall mean a school or center for children under school age,
whether licensed as a day care center or not, shall be approved by the Nebraska State Fire Marshall as
being in safety conformance with the National Fire Protection Association, Pamphlet 101, known as the
Life Safety Code and shall be approved by the Nebraska Department of Health and Welfare as meeting
their health and welfare standards.
Screeninl! shall mean a structure or planting that conceals from view from public ways the area
behind such structure or planting.
Selective Clearinl! shall be the careful and planned removal or trees, shrubs, and plants using
specific standards and protection measures.
Self-Service Station shall mean an establishment where motor fuels are stored and dispensed into
the fuel tanks of motor vehicles by persons other than the service station attendant and may include
facilities available for the sale of other retail products.
Self-Service Storal!e Facility shall mean a building or group of buildings containing individual,
compartmentalized, and controlled access stalls or lockers for storage.
Separate Ownership shall mean ownership of a parcel of land by a person who does not own any
of the land abutting such parcel.
Service Stations shall mean buildings and premises where the primary use is the supply and
dispensing at retail of motor fuels, lubricants, batteries, tires, and motor vehicle accessories and where light
maintenance activities such as engine tune-ups, lubrications, and washing may be conducted, but not
including heavy maintenance and repair such as engine overhauls, painting, and body repair.
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Setback Line. Front Yard shall mean the line which defines the depth of the required front yard.
Said setback line shall be parallel with the right-of-way line or highway setback line when one has been
established.
Setback Line. Rear Yard or Side Yard shall mean the line which defines the width or depth of
the required rear or side yard. Said setback line shall be parallel with the property line, removed therefrom
by the perpendicular distance prescribed for the yard in the district.
Shoppinl?: Center shall mean a group of commercial establishments planned, constructed, and
managed as a total entity with customer and employee parking provided on-site, provisions for goods
delivery that is separated from customer access, aesthetic considerations, and protection from the elements.
Shoppinl?: Center. Commercial Strip shall mean a commercial development, usually one store
deep, that fronts on a major street for a distance of one city block or more. Includes individual buildings on
their own lots, with or without on-site parking and small linear shopping centers with shallow on-site
parking in front of the stores.
Shoppinl?: Center. Outlet shall mean a commercial development that consists mostly of
manufacturers' outlet stores selling their own brands at a discounted price. This definition includes all
forms of centers, such as strip style, enclosed mall style, and village clustered style centers.
Shrub shall mean a multi-stemmed woody plant other than a tree.
Sidewalk Cafe shall mean an area adjacent to a street level eating or drinking establishment
located adjacent to the public pedestrian walkway and used exclusively for dining, drinking, and pedestrian
circulation. The area may be separated from the public sidewalk by railings, fencing, or landscaping or a
combination thereof.
Sil?:ht Trianl?:le is an area at a street intersection in which nothing shall be erected, placed, planted,
or allowed to grow in such a manner as to materially impede vision. The area and restrictions of the sight
triangle are further defined in Chapter 32 of this code.
Sil?:n Base shall mean any decorative, functional element extending upward from grade to the start
of the sign.
Similar Use shall mean the use of land, buildings, or structures of like kind or general nature with
other uses within a zoning district as related to bulk, intensity of use, traffic generation and congestion,
function, public services requirements, aesthetics or other similarities
Site Break shall mean a structural or landscape device to interrupt long vistas and create visual
interest in a site development.
Site Plan shall mean a plan, prepared to scale, showing accurately and with complete
dimensioning, the boundaries of a site and the location of all buildings, structures, uses, drives, parking,
drainage, landscape features, and other principal site development improvements for a specific parcel of
land.
Site. Septic shall mean the area bounded by the dimensions required for the proper location of the
septic tank system.
Skate. In-Line shall mean a boot-type device, which is placed on an individual's feet. In-line
skates contain wheels on the bottom of the boot, which are attached in linear fashion.
Skate Park shall mean a recreational facility containing skateboard ramps and other obstacle
courses and devices for use with skateboards and in-line skates.
Skateboard shall mean a foot board mounted upon four or more wheels and is usually propelled
by the user who sometimes stands, sits, kneels, or lays upon the device while it is in motion.
Skateboard Pipe shall mean an outdoor structure which is shaped into a half circle or oval, that
are designed and principally intended to permit persons on skateboards to move continuously from one side
to the other.
Skateboard Ramp shall mean an outdoor structure with an upward inclined surface, essentially
one of the sides of a pipe, which are designed and principally intended to permit persons on skateboards to
move from horizontal to vertical and back to horizontal.
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Slude:e shall mean solids removed from sewage during wastewater treatment and then disposed of
by incineration, dumping, burial, or land application.
Solid Waste shall mean waste materials consisting of garbage, trash, refuse, rubble, sewage, offal,
dead animals, or paunch manure.
Specified Anatomical Areas shall mean anatomical areas consisting of less than completely and
opaquely covered human genitals, buttock, or female breast(s) below a point immediately above the top of
the areola.
Specified Sexual Activities shall mean sexual activities prohibited by state law.
Spot Zonine: shall mean an arbitrary zoning or rezoning of a small tract of land that is not
consistent with the comprehensive land use plan and primarily promotes the private interest of the owner
rather than the general welfare. Spot zoning usually results from an upzoning to a more intensive use
classification.
Standard System shall mean a sewage treatment system employing a building sewer, septic tank,
and a standard soil absorption system.
State shall mean the State of Nebraska.
Storae:e shall mean the keeping, in a roofed or unroofed area, of any goods, junk, material,
merchandise, or vehicles on the same tract or premises for more than thirty (30) days.
Storm Drain shall mean a conduit that carries natural storm and surface water drainage but not
sewage and industrial wastes, other than unpolluted cooling water.
Stormwater Detention shall mean any storm drainage technique that retards or detains runoff,
such as a detention or retention basin, parking lot storage, rooftop storage, porous pavement, dry wells, or
any combination thereof. Said detention shall be designed by a licensed professional engineer and approved
by the City.
Stormwater Manae:ement shall mean the collecting, conveyance, channeling, holding, retaining,
detaining, infiltrating, diverting, treating, or filtering of surface water, or groundwater, and/or runoff,
together with applicable managerial (non-structural) measures.
Stormwater Runoff shall mean surplus surface water generated by rainfall that does not seep into
the earth but flows over land to flowing or stagnant bodies of water.
Story, One-Half shall mean the same as "Half-Story".
Street shall mean a public thoroughfare or right-of-way dedicated, deeded, or condemned for use
as such, other than an alley, which affords the principal means of access to abutting property including
avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare except as excluded in
this chapter.
Street, Arterial shall mean a street of considerable continuity connecting various sections of the
City, designated as an arterial street on the official street plan of the City.
Street, Collector shall mean a street or highway that is intended to carry traffic from minor streets
to major streets. Collector streets are usually the principal entrance streets to residential developments and
the streets for circulation within the development as designated in the Comprehensive Development Plan.
Street, Curvilinear shall mean local streets that deviate from straight alignment and change
direction without sharp comers or bends.
Street, Local shall mean a street designed for local traffic that provides direct access to abutting
residential, commercial, or industrial properties.
Street, Looped shall mean a continuous local street without intersecting streets and having its two
(2) outlets connected to the same street.
Streets, Maior shall mean a street or highway used primarily for fast or high volume traffic,
including expressways, freeways, boulevards, and arterial streets as designated in the Comprehensive
Development Plan.
Street, Private shall mean an open, unoccupied space, other than a street or alley dedicated to the
public, but permanently established as the principal means of vehicular access to abutting properties. The
term "private street" includes the term "place."
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Street, Side shall mean that street bounding a comer or reversed comer lot and which extends in
the same general direction as the line determining the depth of the lot.
Street Centerline shall mean the centerline of a street right-of-way as established by official
surveys.
Street Fronta!!e shall mean the distance for which a lot line of a zone lot adjoins a public street,
from one lot line intersecting said street to the furthest distant lot line intersecting the same street.
Street, Fronta!!e Access shall mean a street parallel and adjacent to a major street, major inter-
regional highway, or major collection road and primarily for service to the abutting properties, and being
separated from the major street by a dividing strip.
Street Hardware shall mean man-made objects other than buildings that are part of the
streetscape. Examples are: lamp posts, utility poles, traffic signs, benches, litter containers, planting
containers, letter boxes, fire hydrants.
Street Line shall mean a dividing line between a lot, tract, or parcel of land and the contiguous
street.
Streetscape shall mean the scene as may be observed along a public street or way composed of
natural and man-made components, including buildings, paving, plantings, street hardware, and
miscellaneous structures.
Structure shall mean anything constructed or built, any edifice or building of any kind, or any
piece of work artificially built up or composed of parts joined together in some definite manner, which
requires location on the ground or is attached to something having a location on the ground, including
swimming and wading pools and covered patios, signs and towers, excepting outdoor areas such as paved
areas, walks, tennis courts, and similar recreation areas.
Structure, Temporary shall mean a structure without any foundation or footing and removed
when the designated time period, activity, or use for which the temporary structure was erected has ceased.
Structural, Alteration shall mean any change in the support members of a building, such as in a
bearing wall, column, beam or girder, floor or ceiling joists, roof rafters, roof diaphragms, foundations,
piles, or retaining walls or similar components.
Subdivision shall mean the division of a lot, tract, or parcel of land into two (2) or more lots, sites,
or other divisions of land for the purpose, whether immediate or future, of transfer of ownership or building
development, provided that the smallest lot created by the division is less than ten (10) acres in size.
Surface Waters shall mean all waters within the jurisdiction of this state, including all streams,
lakes, ponds, impounding reservoirs, marshes, wetlands, watercourses, waterways, springs, canal systems,
drainage systems, and all other bodies or accumulations of water, natural or artificial, public or private,
situated wholly or partly within or bordering upon the state.
Tannin!! Studio shall mean any business that uses artificial lighting systems to produce a tan on
an individual's body. These facilities may be either a stand-alone business or as an accessory use in spas,
gymnasiums, athletic clubs, health clubs, and styling salons. This use is not included with any type of adult
establishment.
Tattoo Parlor / Body Piercin!! Studio shall mean an establishment whose principal business
activity is the practice of tattooing and/or piercing the body of paying customers.
Tavern (See Bar.)
Temporary Use shall mean a use intended for limited duration to be located in a zoning district
not permitting such use.
Theater shall mean a building or structure used for dramatic, operatic, motion pictures, or other
performance, for admission to which entrance money is received and no audience participation or meal
servIce.
Tower see definition in 936-169 of this chapter.
Townhouse shall mean a one-family dwelling unit, with a private entrance, which part of a
structure whose dwelling units are attached horizontally in a linear arrangement, and having a totally
exposed front and rear wall to be used for access, light, and ventilation.
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Trailer, Automobile see definition in S22-1 of this code.
Truck Repair shall mean the repair, including major mechanical and body work, straightening of
body parts, painting, welding, or other work that may include noise, glare, fumes, smoke, or other
characteristics to an extent greater than normally found in gasoline service stations, of trucks having a
hauling capacity of over one (1) ton and buses but excluding pickups and other vehicles designed for the
transport of under eight (8) passengers.
Upzonin!!: shall mean a change in zoning classification of land to a more intensive or less
restrictive district such as from residential district to commercial district or from a single family residential
district to a multiple family residential district.
Use shall mean the purpose or activity for which land or buildings are designed, arranged, or
intended or for which land or buildings are occupied or maintained.
Use, Best shall mean the recommended use or uses of land confined in an adopted comprehensive
plan. Such use represents the best use of public facilities, and promotes health, safety and general welfare.
Use, Hi!!:hest shall mean an appraisal or real estate market concept that identifies the use of a
specific tract of land that is most likely to produce the greatest net return on investment.
Use, Permitted shall mean any land use allowed without condition within a zoning district.
Use, Principal shall mean the main use of land or structure, as distinguished from an accessory
use. (Also, see Building, Principal.)
Use, Prohibited shall mean any use of land, other than nonconforming, which is not listed as a
permitted use or conditional use within a zoning district.
Utilitarian Structure shall mean a structure or enclosure relating to mechanical or electrical
services to a building or development.
Utility Easement shall mean the same as "Easement".
Utility Hardware shall mean devices such as poles, crossarms, transformers and vaults, gas
pressure regulating assemblies, hydrants, and buffalo boxes that are used for water, gas, oil, sewer, and
electrical services to a building or a project.
Utilities, Overhead or Under!!:round "Local Distribution" System of shall mean the local
service distribution circuit or lines and related appurtenances served from a substation, town border station,
reservoir, or terminal facility which is served from a main supply line, main transmission line, or main
feeder line as may be applicable to electric, communications, gas, fuel, petroleum, fertilizer, or other
chemical utilities. Local electric distribution systems shall be limited to include all lines and appurtenances
carrying a primary voltage of less than 161 KV from an electric transformer substation to the consumer.
The local telephone distribution system shall be limited to include the local exchange lines, the local toll
lines, and the local communications equipment facilities structure.
Utilities, Overhead or Under!!:round "Transmission Line, Supply Line, Wholesale Carrier or
Trunk Line, Main Feeder Line" or other applicable designation shall mean the main supply or feeder line
serving a local distribution system of utilities, and shall include but is not limited to pumping stations,
substations, regulating stations, generator facilities, reservoirs, tank farms, processing facilities, terminal
facilities, towers, and relay stations, and treatment plants.
Utility Service shall mean any device, including wire, pipe, and conduit, which carries gas, water,
electricity, oil, wastewater and communications into a building or development.
Variance shall mean a relief from or variation of the provisions of this chapter, other than use
regulations, as applied to a specific piece of property, as distinct from rezoning.
Ve!!etation shall mean all plant life; however, for purposes of this chapter it shall be restricted to
mean trees, shrubs, and vines.
Vehicle shall mean every device in, upon, or by which any person or property is or may be
transported or drawn upon a highway, excepting devices moved solely by human power or used exclusively
upon stationary rails or tracks.
Vehicle, Motor (See Motor Vehicle.)
Warehouse shall mean a building used primarily for the storage of goods and materials.
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Warehouse and Distribution shall mean a use engaged in storage, wholesale, and distribution of
manufactured products, supplies, and equipment.
Waste Handline: System shall mean any and all systems, public or private, or combination of said
structures intended to treat human or livestock excrement and shall include the following types of systems:
(A) Holdine: pond shall mean an impoundment made by constructing an excavated pit, dam,
embankment or combination of these for temporary storage ofliquid livestock wastes, generally
receiving runoff from open lots and contributing drainage area.
(B) Lae:oon shall mean an impoundment made by constructing an excavated pit, dam,
embankment or combination of these for treatment of liquid livestock waste by anaerobic, aerobic
or facultative digestion. Such impoundment predominantly receives waste from a confined
livestock operation.
(C) Liquid manure storae:e pits shall mean earthen or lined pits located wholly or partially
beneath a semi or totally housed livestock operation or at some removed location used to collect
waste production.
(D) Sediment shall mean a pond constructed for the sole purpose of collecting and containing
sediment.
Wastewater Lae:oon (See Lagoon.)
Waters of the State shall mean all waters within the jurisdiction of this state, including all
streams, lakes, ponds, impounding reservoirs, marshes, wetlands, watercourses, waterways, wells, springs,
irrigation systems, drainage systems, and all other bodies or accumulations of water surface or
underground, material or artificial, public or private, situated wholly within or bordering upon the state.
Wetland shall mean an area that is inundated or saturated by surface water or ground water at a
frequency and duration sufficient to support, and that, under normal circumstances, does support, a
prevalence of vegetation typically adapted for life in saturated soiled conditions, commonly known as
hydrophytic vegetation.
Wholesale Establishment shall mean an establishment for the on-premises sale of goods
primarily to customers engaged in the business of reselling the goods.
Wholesale Trade shall mean a use primarily engaged in selling merchandise to retailers; to
industrial, commercial, institutional, farm or professional business users; or to other wholesalers; or acting
as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. The
principal types of establishments included are: Merchant wholesalers; sales branches and sales offices (but
not retail stores) maintained by manufacturing enterprises apart from their plants for the purpose of
marketing their products; agents, merchandise or commodity brokers, and commission merchants;
petroleum bulk storage, assemblers, buyers, and associations engaged in cooperative marketing of farm
products. The chief functions of uses in wholesale trade are selling goods to trading establishments, or to
industrial, commercial, institutional, farm and professional; and bringing buyer and seller together. In
additional to selling, functions frequently performed by wholesale establishments include maintaining
inventories of goods; extending credit; physically assembling, sorting and grading goods in large lots,
breaking bulk and redistribution in smaller lots; delivery; refrigeration; and various types of promotion
such as advertising and label designing.
Yard shall mean any open space on the same lot with a building or a dwelling group, which open
space is unoccupied and unobstructed from the ground upward to the sky, except for building projections or
for accessory buildings or structures permitted by this chapter.
Yard, Front shall mean a space between the front yard setback line and the front lot line or
highway setback line, and extending the full width of the lot. On comer lots, the front yard shall always be
on the narrow side of the lot.
Yard, Rear shall mean a space between the rear yard setback line and the rear lot line, extending
the full width of the lot.
Page 36-28
I
Chapter 36 D Zoning
Yard, Side shall mean a space extending from the front yard, or from the front lot line where no
front yard is required by this chapter, to the rear yard, or rear lot line, between a side lot line and the side
yard setback line.
Zooe Lot shall mean a parcel of land in single ownership that is of sufficient size to meet
minimum zoning requirements for area, coverage, and use, and that can provide such yards and other open
spaces as required by this chapter.
ZOOiD!! Official shall mean the person or persons authorized and empowered by the city to
administer and enforce the requirements of this chapter.
ZOOiD!! District shall mean the same as "District".
ZOOiD!! District, Chao!!e of shall mean the legislative act of removing one (1) or more parcels of
land from one (1) zoning district and placing them in another zoning district on the Official Zoning Map.
I
I
Page 36-29
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Example of possible Lot
Configurations and Yard
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Page 36-30
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I
Chapter 36 1:1 Zoning
~36-9. Reserved
~36-10. Reserved
~36-11. Reserved
~36-12. Reserved
~36-13. Reserved
Article III. General Provisions
~36-14. Planning Commission Recommendations
Pursuant to state statutes, it shall be the purpose of the Planning Commission to recommend the
boundaries of the various original districts and appropriate regulations to be enforced therein.
The Commission shall make a preliminary report and hold public hearings thereon before
submitting its final report, and the City Council shall not hold its public hearings or take action until it has
received the final report of the Commission.
~36-15. District Regulations, Restrictions, Boundary Creation
No such regulation, restriction, or boundary shall become effective until after a public hearing in
relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. Notice of the
time and place of such hearings shall be given by publication thereof in a paper of general circulation in the
City at least one (1) time ten (10) days prior to such hearing.
I
~36-16. Jurisdiction
The provisions of this chapter shall apply within the corporate limits of the City of Grand Island,
Nebraska, and within the territory beyond said corporate limits as now or hereafter fixed, for a distance of
two (2) miles, as established on the map entitled "The Official Zoning Map of the City of Grand Island,
Nebraska", and as may be amended by subsequent annexation.
~36-17. Provisions Declared to be Minimum Requirements
In their interpretation and application, the provisions of this chapter shall be held to be minimum
requirements, adopted for the promotion of the public health, safety, morals, or general welfare. Whenever
the provisions of this chapter require a lower height of building or lesser size of yards, courts or other
spaces, or require a lower height of building or lesser number of stories, or require a greater percentage of
lot to be left unoccupied, or impose other higher standards than are required in any other regulation, the
provisions of this chapter shall govern. Wherever the provisions of any other regulation requires a greater
width or size of yards, courts, or other open spaces, or requires a lower height of building or a lesser
number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher
standards than are required by the provisions of this chapter, the provisions of such chapter shall govern.
~36-18. Zoning Affects Every Structure and Use
No stmcture or land shall hereafter be reused and no structure or part thereof shall be erected,
moved or altered unless for a use expressly permitted by and in conformity with the regulations herein or as
specified within the zoning district in which it is located, except that any structure damaged or destroyed
may be restored if such structure does not involve a non-conforming use.
I
36-19. Lot
Every structure hereafter erected, reconstructed, converted, moved or structurally altered shall be
located on a lot or lot of record and in no case shall there be more than one (1) principal building on a lot
unless otherwise provided.
Page 36-31
I
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Grand Island City Code, 2002 Edition
~36-20. Reductions in Lot Area Prohibited
Every building hereafter erected, reconstructed, converted, moved or structurally altered shall be
located on a lot or lot of record and in no case shall there be more than one (1) principal building on a lot
unless otherwise provided.
~36-21. Obstructions to Vision at Street Intersections Prohibited
Obstructions on comer lots that impede vision in the sight triangle are prohibited. The
requirements of this section shall not be deemed to prohibit any necessary retaining wall.
~36-22. Yard Requirements
(A) Yard requirements shall be set forth under the Schedule of Lot, Yard, and Bulk Requirements
for each zoning district. Front, side and rear yards shall be provided in accordance with the regulations
hereinafter indicated and shall be unobstructed from the ground level to the sky, except as herein permitted.
(B) All accessory buildings that are attached to principal buildings (e.g., attached garages) shall
comply with the yard requirements of the principal building, unless otherwise specified.
(C) Front Yard: There shall be a front yard setback as required herein, provided, that where fifty
percent or more of the frontage on one street in any block is built up with buildings, no new building
setback shall be less than either the required setback or the setback of any existing building which next
exceeds the required setback, whichever is greater. This regulation shall not require a setback of more than
50 feet.
~36-23. Through Lots
Through Lots shall follow the following criteria:
(A) Where a through lot abuts a major thoroughfare and access is made from the other frontage
street and access along said thoroughfare is restricted, the rear yard setback for fences and screening
devices shall be zero feet. The rear yard setback for accessory buildings shall follow the prescribed setback
within the zoning district.
(B) Where a through lot is part of a triple frontage lot and abuts a major thoroughfare, the rear
yard shall meet the standards of 4.10.01 (1), while the other two frontages shall be treated as a comer lot
with a front yard setback and a street side yard setback.
(C) Where a through lot occurs, other than along a major thoroughfare, the following shall apply:
(1) Where all principal structures in the development face the same frontage, then the rear
yard setback for fences and screening shall be zero feet and all accessory buildings shall meet the
prescribed setback within the zoning district. This shall apply similarly at triple frontage lots,
provided the remaining two frontages are treated like a typical comer lot.
(2) Where principal structures face different directions along both frontages, the rear yard
setback for fences and screening shall be the same as any prescribed rear yard setback within the
zoning district. This shall apply similarly at triple frontage lots, provided the remaining two
frontages are treated like a typical comer lot. All accessory buildings in this condition, shall
comply with the minimum rear yard setbacks rather than the reduced setback allowed for
accessory buildings.
~36-24. Reserved
~36-25. Permitted Obstructions in Required Yards
The following shall not be considered to be obstructions when located in the required yards:
(A) All Yards: Steps and accessibility ramps used for wheelchair and other assisting devices
which are four (4) feet or less above grade which are necessary for access to a permitted building or for
Page 36-32
I
Chapter 36 l] Zoning
access to a lot from a street or alley; chimneys projecting twenty-four (24) inches or less into the yard;
approved freestanding signs; arbors and trellises; flag poles; window unit air conditioners projecting not
more than eighteen (18) inches into the required yard; and fences or walls subject to applicable height
restrictions are permitted in all yards.
(B) Front Yards: Bay windows projecting three (3) feet or less into the yard are permitted.
Rear and Side Yards: Open off-street parking spaces or outside elements of central air conditioning
systems.
(C) Building Groupings: For the purpose of the side yard regulation a group of business or
industrial buildings separated by a common party wall shall be considered as one (1) building occupying
one (1) lot.
I
~36-26. Projections from Buildings
(A) Cornices, eaves, canopies, belt courses, sills, ornamental features, and other similar
architectural features may project not more than one (1) foot into any required yard or into any required
open space, provided that such required yard or open space meets the current minimum yard standards.
(B) As a part of single and two family residences, open uncovered porches or decks no higher than
the first floor above grade on the side of the building to which they are appurtenant and in no event higher
than 26 inches above grade of the lot on the side of the structure where such porch or deck is located, may
extend:
(1) Three (3) feet into any side yard that otherwise meets minimum side yard
requirements provided that the other side yard also meets such minimum side yard requirements
and remains free of encroaching structures of any kind; and that said new encroachment meets all
separation requirements between structures as determined in the City's Building Code, except
gated fences providing access to the rear yard.
(2) Six (6) feet into a front yard provided that the front yard otherwise meets minimum
front yard requirements and provided further: (a) that in no event may such porch or deck cover
more than 60 square feet of the required front yard or extend beyond the side walls of the building
structure, and (b) front decks or porches shall not be higher than thirty (30) inches above ground
and no higher than the first floor, except that on homes with front entryways at first floor level but
driveway cuts and garage floors at basement level, there may be constructed a veranda-type
uncovered deck or porch extending from the front deck or porch over the garage door or doors,
which extended area shall be at the same elevation and shall have bracing as required by the
Building Department, and (c) covered porches, built of materials of the same or similar nature as
the roof of the principal structure may be allowed with eaves not to exceed twelve (12) inches.
(4) Safety railings shall be installed as per the City's Building Code and as approved by
the Building Department.
(5) One-half (1/2) of the distance into the required rear yard, but in no event closer than
five (5) feet to any property line.
(C) Provided further, that no railing or other barrier shall be placed around such deck or porch in a
rear yard or side yard and no such barrier which interferes appreciably (more than twenty-five (25) percent)
with the passage of light or air shall be constructed within the required front yard or within five (5) feet of
any side or rear yard lot line. Any such deck or porch when located on a lot at the intersection of two (2)
streets or a street and an alley, shall comply with the provisions designed to ensure proper sight distances as
set forth in this code for fences and hedges. Any side yard on a comer lot when such yard is twenty (20)
feet or more in width, may be considered as a front yard for purposes of determining permitted
encroachments as provided herein.
(D) Vertical supports shall meet the City's Building Code.
I
Page 36-33
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Grand Island City Code, 2002 Edition
~36-27. Accessory Building and Uses
(A) Accessory buildings shall not be located within the required front yard setback of the lot and
or within an easement.
(B) 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.
(C) There shall be a minimum setback of six (6) feet between accessory buildings.
(D) 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.
(E) 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.)
(F) 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.)
(G) 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.
(H) In Business and Manufacturing Zoning Districts:
(1) Accessory buildings shall comply with all requirements of this code for the principal
building.
(I) In Agricultural and Residential Zoning Districts:
(1) Accessory buildings shall be permitted only on the same platted lot as the principal
building.
(2)Accessory buildings shall comply with all requirements of this code 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.
(3) Accessory buildings on lots with a frontage of 100 feet or more shall have a minimum
side and rear yard of five feet.
(4) Accessory buildings on lots with a frontage of less than 100 feet shall have a
minimum side and rear yard of two feet.
(1) No accessory building shall be constructed prior to beginning construction of the principal
building. No accessory building shall be used unless the main building is under construction; however, in
no event shall such building be used as a dwelling unless a certificate of occupancy shall have been issued
for such use.
(K) Regulation of accessory uses shall be as follows:
(1) Except as herein provided, no accessory building shall project beyond a required yard
line along any street.
(2) Any accessory building built within fifteen (15) feet of the principal structure shall
meet all the requirements for the principal structure.
~36-28. Permitted Modifications of Height Regulations
The height limitations of this chapter shall not apply to:
Belfries Public Monuments
Chimneys Ornamental Towers and Spires
Church Spires Radio and Television
Conveyors Towers less than 100 feet in height
Page 36-34
I
Chapter 36 c Zoning
Cooling Towers
Elevator Bulkheads
Fire Towers
Water Towers and Standpipes
Flag Poles
Mechanical Penthouses
Silos
Smoke Stacks
Stage Towers or Scenery Lots
Tanks
Air-Pollution Prevention Devices
Helistop, Heliports, Helipads
When permitted in a zoning district, public or semi-public service buildings, hospitals, institutions, or
schools may be erected to a height not exceeding seventy-five (75) feet when each required yard line is
increased by at least one (1) foot for each one (1) foot of additional building height above the height
regulations for the zoning district in which the building is located.
~36-29. Occupancy of Basements and Cellars
No basement or cellar shall be occupied for residential purposes until the remainder of the
building has been substantially completed.
~36-30. Nonconforming Buildings and Uses; 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.
I
~36-31. Nonconforming Buildings and Uses; 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.
~36-32. Nonconforming Buildings and Uses; Change of Use
If no 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 zoning 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.
~36-33. Nonconforming Buildings and Uses; 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.
~36-34. Nonconforming Buildings and Uses; 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 zoning 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
I
Page 36-35
I
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Grand Island City Code, 2002 Edition
thereafter be occupied or used except by a use which conforms to the use regulations of the zoning district
in which it is located.
~36-35. Nonconforming Buildings and Uses; 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 zoning district, provided, all
other regulations governing the new use are complied with.
~36-36. Fees
All fees for any zoning or subdivision related action shall be required prior to the issuance or
investigation of any said permit request. Fees shall be as set out in the City of Grand Island Fee Schedule.
~36-37. Reserved
~36-38. Reserved
~36-39. Reserved
~36-40. Reserved
~36-41. Reserved
~36-42. Reserved
Article IV. Zoning Districts and Official Map
~36-43. Zoning Districts
In order to regulate and restrict the height, location, size and type of buildings, structures and uses
allowed on land in the City and the area within one mile of the corporate boundaries, the City is hereby
divided into zoning districts.
~36-44. Provision for Official Zoning Map
(A) The City is hereby divided into zoning districts, as shown on the Official Zoning Map, which,
together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this
chapter. The Official Zoning Map shall be identified by the signature of the Mayor, attested by the City
Clerk, and bearing the seal of the City under the following words: "This is to certify that this is the Official
Zoning Map referred to in ~36-44 of the Grand Island City Code".
If, in accordance with the provisions of this chapter, changes are made in the zoning district
boundaries or other matter portrayed on the Official Zoning Map, such changes shall be entered on the
Official Zoning Map promptly after the amendment has been approved by the City Council.
(B) In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to
interpret because of the nature or number of changes and additions, the City Council may by Ordinance
adopt a new Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or
omissions in the prior Official Zoning Map, but no such correction shall have the effect of amending the
original Official Zoning Map or any subsequent amendment thereof. The new Official Zoning Map shall
be identified by the signature of the Mayor attested by the City Clerk and bearing the seal of the City under
the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official
Zoning Map dated _ and adopted by Resolution _ on "
Page 36-36
I
Chapter 36 D Zoning
Unless the prior Official Zoning Map has been lost, or has been totally destroyed, the prior map or
any significant parts thereof remaining, shall be preserved, together with all available records pertaining to
its adoption or amendment.
~36-45. 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.
Hall County Zone
AG-l, AG-2
TA-l, TA-2
Rl,R2
HC,LC
L1
GI
RC
AG-SC, AG-SE
AG-SI, SRC
PUD
I
~36-46. Reserved
~36-47. Reserved
~36-48. Reserved
~36-49. Reserved
Equivalent Zones
Merrick County Zone
AG-l, AG-2
TA
Rl
C3
1-1
1-2
Article V. Zoning Districts
City of Grand Island Zone
AG
TA
LLR
B2
Ml
M2 (or M2-A)
TD
AG-SC, AG-SE
AG-SI, SRC
CD-RD
~36-50. Zoning Districts; Use
For the purpose of this chapter, the City of Grand Island and its extra-territorial jurisdiction is hereby
divided into 27 zoning districts, designated as follows:
AG-l
AG-2
AG-SC
AG-SE
AG-SI
SRC
TA
LLR
R-l
R-2
R-3
R-4
RO
B-1
I
Primary Agricultural Zone
Secondary Agricultural Zone
Special Agricultural/Conservation Zone
Special Agricultural/Events Zone
Special Agricultural/Industrial Zone
Special Recreation / Conservation Zone
Transitional Agricultural Zone
Large Lot Residential Zone
Suburban Residential Zone
Low Density Residential Zone
Medium Density Residential Zone
High Density Residential Zone
Residential Office Zone
Light Business Zone
Page 36-37
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Grand Island City Code, 2002 Edition
B-2
AC
B-3
ME
M-l
M-2
M-3
CD
TD
RD
A
GCO
M and MD
General Business Zone
Arterial Commercial Overlay Zone
Heavy Business Zone
Industrial Estates Zone
Light Manufacturing Zone
Heavy Manufacturing Zone
Mixed Use Manufacturing Zone
Commercial Development Zone
Travel Development Zone
Residential Development Zone
Airport Zone
Gateway Corridor Overlay District
Manufactured Home Overlay Zone
~36-51. Zoning Districts; Boundaries
The boundaries of the zoning districts are hereby established as shown on the map entitled
"Official Zoning Map of the City of Grand Island, Nebraska." Said map and all explanatory matters
thereon accompany and are hereby made a part of this chapter as if fully written herein. The Official
Zoning Map shall be identified by the signature of the Mayor, and attested by the City Clerk. No changes
shall be made on the Official Zoning Map except as may be required by amendments to this chapter. Such
changes shall be promptly indicated on the Official Zoning Map with the ordinance number, nature of
change, and date of change noted on the map.
~36-52. Rules for Interpretation of Zoning District Boundaries
Where uncertainty exists as to the boundaries of zoning districts as shown on the Official Zoning Map, the
following rules shall apply:
(A) Boundaries indicated as approximately following the center lines of streets, highways, or
alleys shall be construed to follow such center lines;
(B) Boundaries indicated as approximately following platted lot lines shall be construed as
following such lot lines;
(C) Boundaries indicated as approximately following City limits shall be construed as following
such City limits;
(D) Boundaries indicated as following railroad lines shall be construed to be midway between the
main tracks;
(E) Boundaries indicated as following shore lines shall be construed to follow such shore lines,
and in the event of change in the shore line shall be construed as moving with the actual shore line;
boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes, or other
bodies of water shall be construed to follow such center lines;
(F) Boundaries indicated as parallel to or extensions of features indicated herein shall be so
construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale
of the map;
(G) Where physical or cultural features existing on the ground are at variance with those shown on
the Official Zoning Map, or in other circumstances not covered herein, the Board of Adjustment shall
interpret the district boundaries;
(H) Where a zoning district boundary line divides a lot which was in single ownership as of
August I, 2004, the Board of Adjustment may permit the extension of the regulations for either portion of
the lot not to exceed fifty (50) feet beyond the zoning district line into the remaining portion of the lot.
Page 36-38
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Chapter 36 D Zoning
~36-53. Classification of Zoning Districts and Conformance with the Comprehensive
Development Plan
Areas annexed into the corporate limits of Grand Island shall be zoned to conform to the
Comprehensive Development Plan.
I
~36-54. (AG-l) Primary Agricultural Zone
Intent: The (AG-l) Primary Agricultural Zoning District regulations are intended to provide for
the preservation of lands best suited for agricultural uses of all types including feed lots and the commercial
feeding of livestock and accessory uses; to prevent encroachment of uses of land that could be mutually
incompatible and continue to provide for agricultural uses as a major asset to the economy of the area of the
use and conservation of agricultural land, to protect the value of such land, and to protect it from
indiscriminate residential and urban development and other incompatible and conflicting land uses. The
(AG-l) Primary Agricultural Zoning District is also intended to conserve and protect the value of open
space, wooded areas, streams, mineral deposits and other natural resources and to protect them from
incompatible land uses and to provide for their timely utilization. The zoning district intends to provide for
the location and to govern the establishment and operation of land uses that are compatible with agriculture
and are of such nature that their location away from residential, commercial and industrial areas is most
desirable. In addition, to provide for the location and to govern the establishment of residential uses which
are accessory to and necessary for the conduct of agriculture and to provide the location and to govern the
establishment and use of limited non-agricultural residential uses. Such non-agricultural residential uses
shall not be so located as to be detrimental to or conflict with other uses that are named as permitted or
conditional uses in this zoning district and are appropriate to other property in the area.
The nature of the (AG-l) Primary Agricultural Zoning District and the uses allowed outright or by
conditional use permit precludes the provision of services, amenities and protection from other land uses
which are afforded to residential uses by the regulations of other zoning districts, and it is not intended that
the (AG-l) Primary Agricultural Zoning District regulations afford such services, amenities and protection
to residential uses located therein.
(A) Permitted Principal Uses: The following principal uses are permitted in the (AG-l) Primary Agriculture
Zoning District:
(1) Agricultural operations, and the usual agricultural and farm buildings and structures, including the
residences of owners and their families and any tenants and employees who are engaged in agricultural
operations on the premises.
(a) State agencies shall govern all use of farm chemicals, including application of pesticides and
herbicides, and applicants using restricted-use pesticides shall be required to be certified as
required by law.
(b) The spreading of manure by a "farming" operation (as defined in ~36-8 of this chapter)
(c) Agricultural operations having up to 1,000 animal units are considered a farm and are
permitted by right, provided other requirements in this district are met and submission of a no-fee
livestock registration permit to the Hall County Regional Planning Director is done.
(d) Operations having more than 301 animal units and up to 1,000 animal units shall locate at least
1,320 feet from a platted residential area, public park, recreational area, church, cemetery,
religious area, school, and residential district.
(2) Ranch and farm dwellings, subject to ~36-54(e)
(3) Recreational camps, parks, playgrounds, golf courses, country clubs, tennis courts, riding
academies and other similar recreational uses
(4) Single family dwelling subject to ~36-54(e)
(5) Utility substation, pumping station, water reservoir and telephone exchange
(6) Fire stations
(7) Churches, seminary and convent
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(8) Public and parochial school; college
(9) Publicly owned and operated buildings and facilities such as community centers, auditoriums,
libraries, museums
(10) Private kennels and facilities, provided that all buildings and facilities be at least one hundred feet
from the property line and three hundred feet from any neighboring residence
(11) Roadside stands offering agricultural products for sale on the premises
(12) Seed and feed sales, machine repair shop, livestock equipment construction and sales, as a
primary occupation in conjunction with an agricultural operation and be operated on the premises
(13) Farm and industrial equipment sales
(14) Public and private riding academies provided that no stable, building or structure in which horses
or other animals are kept are no closer than one hundred (100) feet from the property line
(15) All other Permitted Uses as indicated as permitted within the Zoning Matrix [Attachment A
hereto]
(B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject
to conditions relating to the placement of said use on a specific tract of ground in the (AG-l) Primary
Agricultural Zoning District:
(1) Bed and breakfast residence subject to the following conditions in addition to those imposed by the
City Council
(a) The bed and breakfast residence shall be within a conforming single-family dwelling
(b) Guest rooms shall be within the principal residential building only and not within an accessory
building
(c) Two (2) off-street parking spaces shall be provided for each dwelling unit plus one (1) off-
street parking space for each sleeping room designated for guests. Such parking areas shall not be
within the required front or side yards
(d) One (1) identification sign on not more than four (4) square feet of sign area shall be permitted
(2) Publicly and privately owned dude ranches, forest and conservation areas, and golf driving ranges,
motorized cart tracks, or other outdoor recreational areas such as gun clubs, and archery, trap and skeet
ranges
(3) Industrial uses as provided in the Zoning Matrix [Attachment A hereto] and provided the following
minimum conditions are met:
(a) Meets minimum lot requirements as established in this chapter
(b) Meets minimum off-street parking requirements as established by this chapter
(c) The lot(s) take access from an improved county road or highway or are along a developed
public or private road that accesses an improved county road or highway
(4) Commercial uses as provided in the Zoning Matrix [Attachment A hereto] and provided the
following minimum conditions are met:
(a) Meets minimum lot requirements as established in this chapter
(b) Meets minimum off-street parking requirements as established by this chapter
(c) The lot( s) take access from an improved county road or highway or are along a developed
public or private road that accesses an improved county road or highway
(5) All other Conditional Uses as indicated within the Zoning Matrix [Attachment A hereto], provided
the following minimum conditions are met:
(a) Meets minimum lot requirements as established in this chapter
(b) Meets minimum off-street parking requirements as established by this chapter
(c) The 10t(s) take access from an improved county road or highway or are along a developed
public or private road that accesses an improved county road or highway
(6) Radio, cellular and television towers and transmitters and subject to the Supplementary Regulations
herein.
(7) Airports
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(8) Manufacture oflight sheet metal products including heating and ventilation equipment
(9) Manufacture and/or processing of agricultural products including but not limited to ethanol plants
and mills
(10) Truck and freight terminals
(11) Commercial mining, quarries, sand and gravel pits and accessory uses
(12) Storage of trucks, tractors, and trailers engaged in the transportation of explosives
(13) Race tracks, drag strips and similar uses and associated accessory uses
( 14) Wind Energy devices
(15) Community sewage disposal facilities
(16) Sanitary landfill siting or expansion conducted in a manner and method approved by the City
Council provided said landfill is not closer than one thousand (1,000) feet to a municipal well and/or
one mile to any village or city limits or any subdivision, addition or residence. See Supplementary
Regulations herein.
(17) Lawn and garden nurseries
(18) Commercial kennels and facilities for the raising, breeding and boarding of dogs and other small
animals, including exotic, non-farm and non-domestic animals, provided that all buildings and
facilities be at least one hundred (100) feet from the property line and three hundred (300) feet from
any neighboring residence.
(19) The spreading, stockpiling, or composting of dead livestock, sludge, by-products from
manufacturing or any processing plant, and/or paunch manure on agricultural land by municipalities or
operations inside or outside ofthe Grand Island jurisdiction
(20) The application of livestock manure within the jurisdiction of Grand Island by operations located
outside Hall County
(21) Livestock feeding operations, subject to the licensure requirements, waste disposal requirements
and recommendations of the State of Nebraska and the Land Use specifications of the Grand Island
Comprehensive Development Plan
(22) Single wide manufactured homes may be permitted only when the land is used or intended to be
used only for agricultural operations. All single wide manufactured homes require a conditional use
permit which must be renewed periodically and which shall be subject to the conditions of the permit
in districts where they are allowed. No single wide manufactured home on any type of foundation nor a
double wide manufactured home without a permanent foundation shall constitute a farmstead that can
be split from the large parcel per 936-54(e).
(C) Standards for Livestock Feeding Operations:
(1) The following setbacks and design standards are the minimum sanitation and odor practices for the
City of Grand Island and its extra-territorial jurisdiction. In addition, the City Council of Grand Island,
when considering the health, safety, and general welfare of the public, may impose more restrictive
requirements. These requirements should consider such things as:
( a) property values
(b) dust
( c) lighting
(d) waste disposal
(e) dead livestock
(2) A Conditional Use Permit may be approved after public notice has been given and public hearing is
conducted as required by law
(3) Agricultural operations of 1,000 animal units and under are considered a farm as defined in 936-8
and do not require a Conditional Use Permit, see 936-54(A)(1)(c) hereof
(4) All existing livestock feeding operations that have been granted a conditional use permit may
expand within their designated level; except for the 20,000 animal units and above which requires a
new Conditional Use Permit for each expansion beyond 20,000 animal units as outlined in Table 1,
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without applying for another conditional use permit. All new livestock feeding operations and those
expanding to the next level shall require a Conditional Use Permit and shall be located no less than at a
distance from non-farm residences or other residences not on an owner's property in any affected
zoning district as hereafter described:
(a) Livestock feeding operations (LFO) will be categorized either as Environmentally Controlled
Housing (ECH) operations or Open Lot Operations. Livestock feeding operations having more
than one type of feeding operation at one location shall be categorized according to the operation
which constitutes the majority of the total operation. Each operation type shall be classified in one
of four levels according to total number of animal units in the operation at anyone time. Levels
will include:
Class I facility = 301 - 1,000 animal units
Class II facility = 1,001 - 5,000 animal units
Class III facility = 5,001 - 20,000 animal units
Class IV facility = 20,001 or more animal units
Livestock Feeding Operations having more than one type of feeding operation at one location shall
be categorized according to the total number of animal units
TABLE 1: Livestock Feeding Operations Spacing and Distance (Distances given in feet)
Size of Proposed LFO in Animal Units. Non-farm or Other Residence and Other LFOs (feet)
Class I ECH 1,320
301-1000 OPEN 1,320
Class II ECH 5,280
1001-5000 OPEN 2,640
Class III ECH 5,280
5001-20,000 OPEN 2,640
Class IV ECH 7,920
20,000+ OPEN 3,960
ECH = Environmentally Controlled Housing
OPEN = Open Lot Operations
(b) Livestock feeding operations having more than 1,000 animal units shall also locate at a
distance as specified under the environmentally controlled housing or open lots, in Table 1 from a
platted residential area, public park, recreational area, church, cemetery, religious area, school,
historical site, and residential district
(c) All livestock feeding operations over 20,000 animal units shall be required to obtain a new
Conditional Use Permit prior to any expansion, unless it meets the standards of the exceptions in
the Exceptions Section
(d) The applicant shall have a Pre-Submission meeting with the Hall County Regional Planning
Director and the Grand Island Building Director or his/her designee to discuss tentative plans and
layouts prior to formal submission of the Conditional Use Permit for Livestock Feeding
Operations
(i) A proposed site plan and conditions or requirements of this regulation pending approval of
application for a proposed operation and waste disposal plan from the Nebraska Department
of Environmental Quality (NDEQ) or any other applicable state agency
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(ii) The applicant shall submit all pertinent materials and designs, as per the Conditional Use
Permit application for Livestock Feeding Operations
(iii) The applicant shall file a copy of the proposed Operation and Maintenance Plan and
proposed Manure Management Plan. The approved plans shall be submitted after NDEQ
approval if different from the proposed. Said plans shall be filed with the Hall County
Regional Planning Director
(iv) The applicant shall file a copy of all approved NDEQ plans and permits with the Hall
County Regional Planning Director within thirty (30) days after they are issued by the NDEQ
(v) An annual manure management plan shall be submitted to the Hall County Regional
Planning Director which shall follow "best possible management practices" as specified by
NDEQ in order to protect the environment, as well as the health, safety and general welfare of
the public and their property values
(vi) If stockpiling of animal waste and/or composting of dead carcasses, as per state statutes,
is part of the manure management plan, the waste shall be maintained in an area as outlined in
Table 1 of this section. Said area shall also be located on the proposed site plan indicated in
Subsection (A) above
(vii) All ground surfaces within outside livestock pens shall be maintained to insure proper
drainage of animal waste and storm or surface runoff in such a manner as to minimize manure
from being carried into any roadway ditch, drainage area or onto a neighbor's property
(viii) In no event shall any manure storage unit or system be constructed where the bottom of
the unit or system is either in contact with or below the existing water table where the unit or
system is to be constructed. Application of manure in flooded areas of standing water shall be
prohibited
(ix) All runoff or waste generated by a livestock feeding operation facility shall be contained
within the associated farming operation, or, on the premises upon which the confined feeding
facility or feedlot is located. The applicant must verify that all runoff control ponds, lagoons,
methods of manure disposal and dust control measures are designed to minimize offal and air
pollution, and avoid surface or groundwater contamination as regulated by the State of
Nebraska
(x) The setbacks from a livestock feeding operation to any non-farm dwelling, other
residence, or other livestock feeding operations are as follows in Table 2.
(5) Exceptions:
(a) Any Class I livestock feeding operation use in existence as of August 1, 2004, and which is
located within the minimum space distance in Table 1 to any church, school, public use, other
livestock feeding operation or single-family dwelling within the current class or to the next class
may expand in animal units and/or land area under a Conditional Use Permit, provided the
proposed expansion complies with all the following limitations:
(i) Such expansion will not decrease the distance from the livestock feeding operation use to
any church, school, public use, other livestock feeding operation or single-family swelling not
of the same ownership and not on the same premises with said livestock feeding operation
which is less than the minimum prescribed spacing distance
(ii) Any physical expansion of the existing livestock feeding operation shall be immediately
contiguous with the facilities of the existing livestock feeding operation
(iii) Such expansion may occur in phases over time, but in no event shall such expansion(s)
result in a livestock feeding operation that is more than fifty (50) percent larger in animal
units than the one-time capacity of the use which existed as of August 1,2004. Any expansion
beyond this limitation is prohibited unless a Conditional Use Permit for expansion that meets
all requirements is heard by and authorized by the City Council
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(iv) If such expansion results in such livestock feeding operation being required to obtain a
new construction permit from NDEQ, introduction of additional animals shall be prohibited
until said permit is issued by NDEQ or other applicable or successor agency has been issued
and such livestock feeding operation shall be operated at all times in a manner consistent with
the requirements of said permit and applicable regulations of this chapter.
(D) Accessory Uses: The following accessory buildings and uses are permitted in the (AG-l) Primary
Agricultural Zoning District.
(1) Buildings and uses customarily incidental to the permitted and conditional uses
(2) Home occupation
(3) Temporary buildings and uses incidental to construction work which shall be removed upon the
completion or abandonment of the construction work
(E) Lot Requirements and Intensity of Use: The following table lists the minimum lot requirements and
maximum building requirements in an (AG-l) Primary Agricultural Zoning District. These requirements
shall be followed unless otherwise modified.
Setbacks
A B C D E
Uses Min Lot Min. Lot Front Rear Side Street Max. Lot Min Lot Area Max.
Area Width Yard Yard Yard Side Coverage per dwelling Building
(acres) (feet) (feet) (feet) (feet) Yard unit (sq. ft.) Height (feet)
(feet)
Permitted Uses 20 100 35 35 20 20 10% 20,000 35'
Conditional 20 100 35 35 20 20 10% 20,000 35'
Uses
Agricultural I 100 35 35 20 20 10% 20,000 35'
Uses
I
For structures Intended for human occupancy, all others no restrIctIOns.
2 The following requirements are allowed in specific situations within the extra-territorial jurisdiction of the
City of Grand Island. These requirements are:
(A) Any person or persons who:
(1) owns a tract of 80 acres or more may sell one tract per 80 acres for a single family dwelling,
providing such sale has not been previously exercised on the large tract; and/or
(2) owns an existing ranch or farm dwelling excluding a single-wide manufactured home that is
ten years old or more may sell a tract containing such dwelling;
(3) providing the following space limitations are complied with:
Setbacks
Min Lot Min. Lot Front Rear Side Max. Lot Max.
Area Width (feet) Yard Yard Yard Coverage Building
(feet) (feet) (feet) Height (feet)
(sq. ft.)
20,000 100 30 25 15 25% 351
I for structures intended for human occupancy, all others no restrictions.
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Chapter 36 D Zoning
(F) Prohibited Uses:
(1) Any use not specifically listed as a permitted principal use, conditional use or permitted accessory
use.
(G) SUlmlementary Regulations:
(1) Residential dwelling units on non-agricultural land existing as of August 1, 2004, may construct
accessory structures, make repairs, replace, remodel, rebuild, or replace the residential structure in case
of damage regardless of the percent of damage or extent of structural change provided the use does not
change.
(2) All new and existing livestock feeding operations and farms with livestock of 300 animal units or
less shall require a no-fee livestock registration permit. In addition, all new or expanded Livestock
Feeding Operations of over 1,000 animal units shall require a Conditional Use Permit as subject to
g36-54(C).
(a) New non-farm residences in the AG-l or AG-2 districts shall be located no less than at the
following distances as those shown in Table 2: Non-farm Residence Spacing and Distance, from
an existing agricultural operation having between 50 and 300 animal units and an LFO based upon
the type of operation.
TABLE 2: NON-FARM RESIDENCE SPACING AND DISTANCE (Distances given in feet)
I
I SIZE OF EXISTING AGRICULTURAL OPERATION AND LFO IN A.U.
100-300 301-1,000 1,001-5,000 5,001-10,000 10,000+
New Non-farm 0 1,980 3,960 3,960 5,940
Residence
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~36-55. (AG-2) Secondary Agricultural Zone
Intent: The (AG-2) Secondary Agricultural Zoning District regulations are intended to provide for
the preservation of lands best suited for agricultural uses of all types including feed lots and the commercial
feeding of livestock to specific limits and accessory uses; to prevent encroachment of uses of land that
could be mutually incompatible and continue to provide for agricultural uses as a major asset to the
economy of the area of the use and conservation of agricultural land, to protect the value of such land, and
to protect it from indiscriminate residential and urban development and other incompatible and conflicting
land uses. The (AG-2) Secondary Agricultural Zoning District is also intended to conserve and protect the
value of open space, wooded areas, streams, mineral deposits and other natural resources and to protect
them from incompatible land uses and to provide for their timely utilization. The zoning district intends to
provide for the location and to govern the establishment and operation of land uses that are compatible with
agriculture and are of such nature that their location away from residential, commercial and industrial areas
is most desirable. In addition, to provide for the location and to govern the establishment of residential uses
which are accessory to and necessary for the conduct of agriculture and to provide the location and to
govern the establishment and use of limited non-agricultural residential uses. Such non-agricultural
residential uses shall not be so located as to be detrimental to or conflict with other uses that are named as
permitted or conditional uses in this zoning district and are appropriate to other property in the area.
The nature of the (AG-2) Secondary Agricultural Zoning District and the uses allowed outright or
by conditional use permit precludes the provision of services, amenities and protection from other land uses
which are afforded to residential uses by the regulations of other zoning districts, and it is not intended that
the AG-2 Secondary Agricultural Zoning District regulations afford such services, amenities and protection
to residential uses located therein.
(A) Permitted Principal Uses: The following principal uses are permitted in the (AG-2) Secondary
Agriculture Zoning District.
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Grand Island City Code, 2002 Edition
(I) Agricultural operations, and the usual agricultural and farm buildings and structures, including the
residences of owners and their families and any tenants and employees who are engaged in agricultural
operations on the premises
( a) State agencies shall govern all use of farm chemicals, including application of pesticides and
herbicides, and applicants using restricted-use pesticides shall be required to be certified as
required by law
(b) The spreading of manure by a "farming" operation (as defined in ~36-8 of this chapter)
(c) Agricultural operations having up to 300 animal units are considered a farm and are permitted
by right, provided other requirements in this zoning district are met and submission of a no-fee
livestock registration permit to the Hall County Regional Planning Director is done
(d) Operations having up to 300 animal units shall locate at least 300 feet from a platted residential
area, public park, recreational area, church, cemetery, religious area, school, and residential
district
(2) Ranch and farm dwellings, subject to ~36-55(e)
(3) Recreational camps, parks, playgrounds, golf courses, country clubs, tennis courts, and other
similar recreational uses
(4) Single family dwelling subject to ~36-55(e)
(5) Utility substation, pumping station, water reservoir and telephone exchange
(6) Fire stations
(7) Churches, seminary and convent
(8) Public and parochial school; college
(9) Publicly owned and operated buildings and facilities such as community centers, auditoriums,
libraries, museums
(10) Private kennels and facilities, provided that all buildings and facilities be at least one hundred feet
from the property line and three hundred feet from any neighboring residence
(11) Roadside stands offering agricultural products for sale on the premises
(12) Seed and feed sales, machine repair shop, livestock equipment construction and sales, as a
primary occupation in conjunction with an agricultural operation and be operated on the premises
(13) Farm and industrial equipment sales
(14) Public and private riding academies provided that no stable, building or structure in which horses
or other animals are kept are no closer than one hundred (100) feet from the property line
(15) All other Permitted Uses as indicated as permitted within the Zoning Matrix [Attachment A
hereto]
(B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject
to conditions relating to the placement of said use on a specific tract of ground in the (AG-2) Secondary
Agricultural Zoning District:
(1) Bed and breakfast residence subject to the following conditions in addition to those imposed by the
City Council
(a) The bed and breakfast residence shall be within a conforming single-family dwelling
(b) Guest rooms shall be within the principal residential building only and not within an accessory
building
(c) Each room that is designated for guest occupancy must be provided with a smoke detector
which is kept in good working order
(d) Two (2) off-street parking spaces shall be provided for each dwelling unit plus one (1) off-
street parking space for each sleeping room designated for guests. Such parking areas shall not be
within the required front or side yards
(e) One (1) identification sign on not more than four (4) square feet of sign area shall be permitted
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(2) Publicly and privately owned dude ranches, forest and conservation areas, and golf driving ranges,
motorized cart tracks, or other outdoor recreational areas such as gun clubs, and archery, trap and skeet
ranges
(3) Industrial uses as provided in the Zoning Matrix [Attachment A hereto] and the following
minimum conditions are met:
(a) Meets minimum lot requirements as established in this chapter
(b) Meets minimum off-street parking requirements as established by this chapter
(c) The lot(s) take access from an improved county road or highway or are along a developed
public or private road that accesses an improved county road or highway
(4) Commercial uses as provided in the Zoning Matrix [Attachment A hereto] and the following
minimum conditions are met:
(a) Meets minimum lot requirements as established in this chapter
(b) Meets minimum off-street parking requirements as established by this chapter
(c) The lot(s) take access from an improved county road or highway or are along a developed
public or private road that accesses an improved county road or highway
(5) All other Conditional Uses as indicated within the Zoning Matrix [Attachment A hereto], provided
the following minimum conditions are met:
(a) Meets minimum lot requirements as established in this chapter
(b) Meets minimum off-street parking requirements as established by this chapter
(c) The lot(s) take access from an improved county road or highway or are along a developed
public or private road that accesses an improved county road or highway
(6) Development of natural resources and the extraction of raw materials such as rock, gravel, sand,
etc., including gas and oil extraction and exploration, and subject to the requirements of the
Supplementary Regulations herein
(7) Radio, cellular and television towers and transmitters and subject to the requirements of the
Supplementary Regulations herein
(8) Airports
(9) Manufacture oflight sheet metal products including heating and ventilation equipment
(10) Manufacture and/or processing of agricultural products including but not limited to ethanol plants
and mills
(11) Truck and freight terminals
(12) Commercial mining, quarries, sand and gravel pits and accessory uses
(13) Storage of trucks, tractors, and trailers engaged in the transportation of explosives
(14) Race tracks, drag strips and similar uses and associated accessory uses
(15) Wind Energy devices
(16) Community sewage disposal facilities
(17) Sanitary landfill siting or expansion conducted in a manner and method approved by the City
Council provided said landfill is not closer than one thousand (1,000) feet to a municipal well and/or
one mile to any village or city limits or any subdivision, addition or residence. See the Supplementary
Regulations herein
(18) Lawn and garden nurseries
(19) Commercial kennels and facilities for the raising, breeding and boarding of dogs and other small
animals, including exotic, non-farm and non-domestic animals, provided that all buildings and
facilities be at least one hundred (100) feet from the property line and three hundred (300) feet from
any neighboring residence.
(20) The spreading, stockpiling, or composting of dead livestock, sludge, by-products from
manufacturing or any processing plant, and/or paunch manure on agricultural land by municipalities or
operations inside or outside of the Grand Island jurisdiction
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(21) The application of livestock manure within the jurisdiction of Grand Island by operations located
outside Hall County
(22) Livestock feeding operations, subject to the licensure requirements, waste disposal requirements
and recommendations of the State of Nebraska and the Land Use specifications of the Grand Island
Comprehensive Development Plan
(C) Standards for Livestock Feeding Operations:
(1) The following setbacks and design standards are the minimum sanitation and odor practices for
Grand Island and its extra territorial jurisdiction. In addition, the City Council of Grand Island, when
considering the health, safety, and general welfare of the public, may impose more restrictive
requirements. These requirements should consider such things as:
(a) property values
(b) dust
( c) lighting
(d) waste disposal
(e) dead livestock
(2) A Conditional Use Permit may be approved after public notice has been given and public hearing is
conducted as required by law
(3) Agricultural operations of 300 animal units and under are considered a farm as defined in these
regulations and do not require a Conditional Use Permit, see ~36-8 of this chapter
(4) All existing livestock feeding operations over 300 animal units shall be required to meet specific
density requirements for a Class I facility. These density requirements are:
(a) One (1) acre of ground for the first animal unit and one-half (1/2) acre for each additional
animal unit. Class II, III, IV facilities are not permitted in the (AG-2) Secondary Agricultural
Zoning District
(5) All existing livestock feeding operations that have been granted a conditional use permit may
expand within their designated level, as outlined in Table 1, without applying for another conditional
use permit. All new livestock feeding operations and those expanding to the next level shall require a
Conditional Use Permit and shall be located no less than at a distance from non-farm residences or
other residences not on an owner's property in any affected zoning district as hereafter described:
(a) Livestock feeding operations (LFO) will be categorized either as Environmentally Controlled
Housing (ECH) operations or Open Lot Operations. Livestock feeding operations having more
than one type of feeding operation at one location shall be categorized according to the operation
which constitutes the majority of the total operation. Each operation type shall be classified in one
of four levels according to total number of animal units (A.u.) in the operation at anyone time.
Levels will include:
Class I facility = 301 - 1,000 animal units
Class II facility = 1,001 - 5,000 animal units
Class III facility = 5,001 - 20,000 animal units
Class IV facility = 20,001 or more animal units
Livestock feeding operations having more than one type of feeding operation at one location shall
be categorized according to the total number of animal units
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Chapter 36 D Zoning
TABLE 3: Livestock Feeding Operations Spacing and Distance (Distances given in feet)
Size of Proposed LFO in Animal Units Non-farm or Other Residence and Other LFOs (feet)
Class I ECH 1,320
301-1000 OPEN 1,320
Class II ECH Not allowed in the AG-2 Zoning District
1001-5000 OPEN Not allowed in the AG-2 Zoning District
Class III ECH Not allowed in the AG-2 Zoning District
5001-20,000 OPEN Not allowed in the AG-2 Zoning District
Class IV ECH Not allowed in the AG-2 Zoning District
20,000+ OPEN Not allowed in the AG-2 Zoning District
ECH = Environmentally Controlled Housing
OPEN = Open Lot Operations
(b) The applicant shall have a Pre-Submission meeting with the Hall County Regional Planning
Director and the Grand Island Building Director or his/her designee to discuss tentative plans and
layouts prior to formal submission of the Conditional Use Permit for Livestock Feeding
Operations
(i) A proposed site plan and conditions or requirements of this regulation pending approval of
application for a proposed operation and waste disposal plan from the Nebraska Department
of Environmental Quality (NDEQ) or any other applicable state agency
(ii) The applicant shall submit all pertinent materials and designs, as per the Conditional Use
Permit application for Livestock Feeding Operations
(iii) The applicant shall file a copy of the proposed Operation and Maintenance Plan and
proposed Manure Management Plan. The approved plans shall be submitted after NDEQ
approval if different from the proposed. Said plans shall be filed with the Hall County
Regional Planning Director
(iv) The applicant shall file a copy of all approved NDEQ plans and permits with the Hall
County Regional Planning Director within thirty (30) days after they are issued by the NDEQ
(v) An annual manure management plan shall be submitted to the Hall County Regional
Planning Director which shall follow "best possible management practices" as specified by
NDEQ in order to protect the environment, as well as the health, safety and general welfare of
the public and their property values
(vi) If stockpiling of animal waste and/or compo sting of dead carcasses, as per state statutes,
is part of the manure management plan, the waste shall be maintained in an area as outlined in
Table 1 of this section. Said area shall also be located on the proposed site plan.
(vii) All ground surfaces within outside livestock pens shall be maintained to insure proper
drainage of animal waste and storm or surface runoff in such a manner as to minimize manure
from being carried into any roadway ditch, drainage area or onto a neighbor's property
(viii) In no event shall any manure storage unit or system be constructed where the bottom of
the unit or system is either in contact with or below the existing water table where the unit or
system is to be constructed. Application of manure in flooded areas of standing water shall be
prohibited
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(ix) All runoff or waste generated by a livestock feeding operation facility shall be contained
within the associated farming operation, or, on the premises upon which the confined feeding
facility or feedlot is located. The applicant must verify that all runoff control ponds, lagoons,
methods of manure disposal and dust control measures are designed to minimize offal and air
pollution, and avoid surface or groundwater contamination as regulated by the State of
Nebraska
(x) The setbacks from a livestock feeding operation to any non-farm dwelling, other
residence, or other livestock feeding operation are as follows in Table 3.
(5) Exceptions:
(a) Any Class I livestock feeding operation use in existence as of August 1, 2004, and which is
located within the minimum spacing distance in Table 1 to any church, school, public use, other
livestock feeding operation or single-family dwelling within the current class or to the next class
may expand in animal units and/or land area under a Conditional Use Permit, provided the
proposed expansion complies with all the following limitations:
(i) Such expansion will not decrease the distance from the livestock feeding operation use to
any church, school, public use, other livestock feeding operation or single-family dwelling not
of the same ownership and not on the same premises with said livestock feeding operation
which is less than the minimum prescribed spacing distance
(ii) Any physical expansion of the existing livestock feeding operation shall be immediately
contiguous with the facilities of the existing livestock feeding operation
(iii) Such expansion may occur in phases over time, but in no event shall such expansion(s)
result in a livestock feeding operation that is more than fifty (50) percent larger in animal
units than the one-time capacity of the use which existed as of August 1, 2004. Any expansion
beyond this limitation is prohibited unless a Conditional Use Permit for expansion that meets
all requirements is heard by and authorized by the City Council of Grand Island
(iv) If such expansion results in such livestock feeding operation being required to obtain a
new construction permit from NDEQ, introduction of additional animals shall be prohibited
until said permit is issued by NDEQ or other applicable or successor agency has been issued
and such livestock feeding operation shall be operated at all times in a manner consistent with
the requirements of said permit and applicable regulations of this chapter
(D) Accessory Uses; The following accessory buildings and uses are permitted in the (AG-2) Secondary
Agricultural Zoning District.
(1) Buildings and uses customarily incidental to the permitted and conditional uses
(2) Home occupation
(3) Temporary buildings and uses incidental to construction work which shall be removed upon the
completion or abandonment of the construction work
(E) Lot Requirements and Intensity of Use: The following table lists the minimum lot requirements and
maximum building requirements in an (AG-2) Secondary Agricultural Zoning District. These requirements
shall be followed unless otherwise modified by this chapter.
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Chapter 36 c Zoning
Setbacks
A B C D E
Uses Min Lot Min. Lot Front Rear Side Street Max. Lot Min Lot Area Max.
Area Width Yard Yard Yard Side Coverage per dwelling Building
(acres) (feet) (feet) (feet) (feet) Yard unit (sq. ft.) Height (feet)
(feet)
Permitted Uses 20 100 35 35 20 20 10% 20,000 35'
Conditional 20 100 35 35 20 20 10% 20,000 351
Uses
Agricultural 1 100 35 35 20 20 10% 20,000 351
Uses
T
for structures mtended for human occupancy, all others no restnctIOns.
2 The following requirements are allowed in specific situations within the jurisdiction of Grand Island.
These requirements are:
(A) Any person or persons who:
(1) owns a tract of 80 acres or more may sell one tract per 80 acres for a single family dwelling,
providing such sale has not been previously exercised on the large tract; anclJor
(2) owns an existing ranch or farm dwelling excluding a single-wide manufactured home that is
ten years old or more may sell a tract containing such dwelling;
(3) providing the following space limitations are complied with:
I
Setbacks
Min Lot Min. Lot Front Rear Side Max. Lot Max.
Area Width (feet) Yard Yard Yard Coverage Building
(sq. ft.) (feet) (feet) (feet) Height
(feet)
20,000 100 30 25 15 25% 35'
1 for structures intended for human occupancy, all others no restrictions.
(F) Prohibited Uses:
(1) Any use not specifically listed as a permitted principal use, conditional use or permitted accessory
use.
(G) Supplementary Regulations:
(1) Residential dwelling units on non-agricultural land, may construct accessory structures, make
repairs, replace, remodel, rebuild, or replace the residential structure in case of damage regardless of
the percent of damage or extent of structural change provided the use does not change.
(2) All new and existing livestock feeding operations and farms with livestock of 300 animal units or
less shall require a no-fee livestock registration permit. In addition, all new or expanded livestock
feeding operations of over 300 animal units shall require a Conditional Use Permit.
(a) New non-farm residences in the AG-l or AG-2 zoning districts shall be located no less than at
the following distances as those shown in Table 4: Non-farm Residence Spacing and Distance,
from an existing agricultural operation having between 50 and 300 animal units and a livestock
feeding operation based upon the type of operation.
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Grand Island City Code, 2002 Edition
TABLE 4: NON-FARM RESIDENCE SPACING AND DISTANCE (Distances given in feet)
Size of Existing Agricultural Operation and Livestock Feeding Operation in Animal Units
100-300 301-1,000 1,001-5,000 5,001-10,000 10,000+
New Non-farm 0 1,980 3,960 3,960 5,940
Residence
~36-56. (AG-SC) Special Agriculture/Conservation Zone
Intent: This special use zoning 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: The following principal uses are permitted in the (AG-SC) Special
Agriculture/Conservation Zoning District.
(1) Agricultural uses excluding feed lots and the commercial feeding of livestock
(2) Raising of field crops and horticulture
(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
(5) All other Permitted Principal Uses indicated as Permitted with the Zoning Matrix [Attachment A
hereto]
(B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject
to conditions relating to the placement of said use on a specific tract of ground in the (AG-SC) Special
Agriculture/Conservation Zoning District.
(1) Utility substations, communication towers
(2) Flood control facilitieslimprovements
(3) Stock yard, feed yards and accessory uses - provided the use can meet the separation distances
found in Table 3 in 936-55.
(4) All other Conditional Uses indicated as conditional within the Zoning Matrix [Attachment A
hereto]
(C) Permitted Accessory Uses:
( 1) Other buildings or uses accessory to a permitted use
(D) Prohibited Uses:
(1) Any use not specifically listed as a permitted principal use, conditional use or permitted accessory
use
(2) Ranch and/or farm dwellings
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Chapter 36 a Zoning
(E) S
L' .
space mutatIOns:
Uses Minimum Setbacks
A B C D E
Minimum Minimum Front Rear Side Street Maximum Maximum
Parcel Lot Width Yard Yard Yard Side Ground Building
Area (feet) (feet) (feet) (feet) Yard Coverage Height (feet)
(acres) (feet)
Permitted Uses 20 100 35 30%
- - - -
Conditional 20 100 35 30%
Uses - - - -
(F) Miscellaneous Provisions:
(1) Supplementary district regulations shall be complied with as required herein.
I
~36-57. (AG-SE) Special Agriculture/Events Zone
Intent: This special use zoning district is to allow for agricultural uses as well as special
agricultural demonstration events, 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: The following principal uses are permitted in the (AG-SE) Special
Agriculture/Events Zoning District.
(1) Agricultural uses excluding feed lots and the commercial feeding oflivestock
(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) All other Permitted Principal Uses indicated as permitted within the Zoning Matrix [Attachment A
hereto]
(B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject
to conditions relating to the placement of said use on a specific tract of ground in the (AG-SE) Special
Agriculture/Events Zoning District
(1) Utility substations, communication towers
(2) Flood control facilities/improvements
(3) All other Conditional Uses indicated as conditional within the Zoning Matrix [Attachment A
hereto]
(C) Permitted Accessory Uses:
(1) Other buildings or uses accessory to a permitted use
(D) Prohibited Uses:
(1) Any use not specifically listed as a permitted principal use or permitted accessory use
(2) Ranch and/or farm dwellings
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Grand Island City Code, 2002 Edition
(E) Space Limitations:
Uses Minimum Setbacks
A 8 C D E
Minimum Minimum Front Rear Side Street Maximum Maximum
Parcel Lot Width Yard Yard Yard Side Ground Building
Area (feet) (feet) (feet) (feet) Yard Coverage Height
(acres) (feet) (feet)
Permitted Uses 20 100 35 65%
- - - -
Conditional 20 100 35 65%
Uses - - - -
(F) Miscellaneous Provisions:
(l) Supplementary district regulations shall be complied with as required herein.
~36-58. (AG-SI) Special Agriculture/lndustrial Zone
Intent: This special use zoning district is to allow for agricultural uses as well as manufacturing,
processing, fabrication, research, warehousing, storage and wholesaling facilities in accordance with the
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: The following principal uses are permitted in the (AG-SI) Special
Agriculture/Industrial Zoning District.
(I) Agricultural uses excluding feed lots and the commercial feeding of livestock
(2) Raising offield 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
(6) All other Permitted Principal Uses indicated as permitted within the Zoning Matrix [Attachment A
hereto]
(B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject
to conditions relating to the placement of said use on a specific tract of ground in the (AG-SI) Special
Agriculture/Industrial Zoning District
(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 provided the use can meet the separation distances
found in Table 1 in 936-54
(5) All other Conditional Uses indicated conditional within the Zoning Matrix [Attachment A hereto]
(C) Permitted Accessorv Uses:
(l) Other buildings or uses accessory to a permitted use or conditional use
(D) Prohibited Uses:
(1) Ranch and/or farm dwellings
(2) Any use not specifically listed as a permitted principal use, conditional use or permitted accessory
use
Page 36-54
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Chapter 36 D Zoning
(E) Space Limitations:
Uses Minimum Setbacks
A B C D E
Minimum Minimum Front Rear Side Street Maximum Maximum
Parcel Lot Width Yard Yard Yard Side Ground Building
Area (feet) (feet) (feet) (feet) Yard Coverage Height (feet)
(acres) (feet)
Agricultural Uses 20 100 35 65%
- - - -
Non Agricultural 1 100 35 - - - 65% -
Uses
(F) Miscellaneous Provisions:
(1) Supplementary district regulations shall be complied with as required herein.
I
~36-59. (SRC) Special Recreation/Conservation Zone
Intent: This zoning 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: The following principal uses are permitted in the (SRC) Special
Recreation/Conservation Zoning District.
(1) Agricultural uses excluding feed lots and the commercial feeding oflivestock
(2) Raising of field crops and horticulture
(3) Low 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
(6) All other Permitted Principal Uses indicated as permitted within the Zoning Matrix [Attachment A
hereto]
(B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject
to conditions relating to the placement of said use on a specific tract of ground in the (SRC) Special
Recreation/Conservation Zoning District.
(1) Caretaker dwelling associated with outdoor recreational shooting facilities and recreational vehicle
campgrounds
(2) All other Conditional Uses indicated as conditional within the Zoning Matrix [Attachment A
hereto]
(C) Permitted Accessorv Uses:
(1) Other buildings or uses accessory to a permitted use or conditional use
(D) Prohibited Uses:
(1) Any use not specifically listed as a permitted principal use, conditional use or permitted accessory
use
I
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Grand Island City Code, 2002 Edition
(E) Space Limitations:
Uses Minimum Setbacks
A B C D E
Minimum Minimum Front Rear Side Street Maximum Maximum
Pa rcel Lot Width Yard Yard Yard Side Ground Building
Area (feet) (feet) (feet) (feet) Yard Coverage Height (feet)
(acres) (feet)
Permitted Uses 20 100 35 35 20 20 30%
-
Conditional 20 100 35 35 20 20 30%
Uses -
(F) Miscellaneous Provisions:
(1) Supplementary district regulations shall be complied with as required herein.
~36-60. (TA) Transitional Agriculture Zone
Intent: To provide for a transition from rural to urban uses, and is generally located on the fringe
of the urban area. This zoning district 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. The intent of the zoning
district also would allow the raising oflivestock to a limit and within certain density requirements.
(A) Permitted Principal Uses. The following principal uses are permitted in the (TA) Transitional
Agriculture Zoning District.
(1) Dwelling units
(2) Raising of field crops, and horticulture
(3) Country clubs as defined in S36-8 of this chapter
(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 masomy 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) The raising of livestock up to 300 animals as defined in Section 5-18 of this code provided that the
owner has one-half (1/2) acre for each animal, and provided that the shelters, pens, enclosures for such
animals are located no closer than 300 feet to a neighboring residential structure. The acres used for
calculating the maximum number of animals must be capable of supporting pasture for grazing said
animal.
(9) All other Permitted Principal Uses indicated as permitted within the Zoning Matrix [Attachment A
hereto]
(B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject
to conditions relating to the placement of said use on a specific tract of ground in the (TA) Transitional
Agriculture Zoning District.
(1) Cemeteries, memorial parks, crematories, mausoleums, and columbariums
(2) Commercial mines, quarries, sand and gravel pits and accessory uses
(3) 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
(4) Riding academies
Page 36-56
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Chapter 36 a Zoning
(5) Recreational Vehicle Parks
(6) Preschools, nursery schools, day care centers, children's homes, and similar facilities
(7) Towers
(8) Veterinary clinics and animal hospitals
(9) All other Conditional Uses indicated as conditional within the Zoning Matrix [Attachment A
hereto]
(C) 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
(D) Space Limitations:
I
Uses Minimum Setbacks
A B C D E
Minimum Minimum Front Rear Side Street Maximum Maximum
Parcel Lot Width Yard Yard Yard Side Ground Building
Area (feet) (feet) (feet) (feet) Yard Coverage Height (feet)
(acres) (feet)
Permitted Uses 20 100 30 25 15 20 20%
-
Conditional 20 100 30 25 15 20 20%
Uses -
(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) The following requirements are allowed in specific situations within the jurisdiction of Grand
Island:
(i) Any person or persons who:
(1) owns a tract of 80 acres or more may sell one tract per 80 acres for a single family dwelling,
providing such sale has not been previously exercised on the large tract; and/or
(2) owns an existing ranch or farm dwelling that is ten years old or more may sell a tract
containing such dwelling;
(3) providing the following space limitations are complied with:
I
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Grand Island City Code, 2002 Edition
Setbacks
Min Lot Min. Lot Front Rear Side Max. Lot Max.
Area Width (feet) Yard Yard Yard Coverage Building
(sq. ft.) (feet) (feet) (feet) Height
(feet)
20,000 100 30 25 15 25% 35
1 for structures intended for human occupancy, all others no restrictions.
~36-61. (LLR) Large Lot Residential Zone
Intent: To provide for a transition from rural to urban uses, and is generally located on the fringe
of the urban area. This zoning district permits residential dwellings at a maximum density of two dwelling
units per acre, as well as other open space and recreational activities.
(A) Permitted Principal Uses: The following principal uses are permitted in the (LLR) Large Lot
Residential Zoning District.
(1) Dwelling units
(2) Raising of field crops and horticulture
(3) Country clubs as defined herein
(4) Public parks
(5) 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.
(6) Railway right-of-way, but not including railway yards or facilities
(7) Churches, synagogues, chapels, and similar places of religious worship and instruction of a quiet
nature
(8) All other Permitted Principal Uses indicated as permitted within the Zoning Matrix [Attachment A
hereto]
(B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject
to conditions relating to the placement of said use on a specific tract of ground in the (LLR) Large Lot
Residential Zoning District.
(I) Greenhouses and the raising of trees and nursery stock
(2) Cemeteries, memorial parks, crematories, mausoleums, and columbariums
(3) Commercial mines, quarries, sand and gravel pits and accessory uses
(4) Riding academies
(5) Preschools, nursery schools, day care centers, children's homes, and similar facilities
(6) Towers
(7) Veterinary clinics and animal hospitals
(8) All other Conditional Uses indicated as conditional within the Zoning Matrix [Attachment A
hereto]
(C) Permitted Accessorv Uses:
(I) 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
Page 36-58
I
Chapter 36 a Zoning
(4) Buildings for the display and sale of products grown or raised on the premises, provided, the floor
area does not exceed 500 square feet
(5) Offices incidental to and necessary for a permitted use
(6) Other buildings or uses accessory to the permitted principal uses
(D) Space Limitations:
Uses Minimum Setbacks
A B C D E
Miuimum Minimum Minimum Front Rear Side Street Maximum Maximum
Parcel Lot Area Lot Width Yard Yard Yard Side Ground Building
Area (feet) per (feet) (feet) (feet) (feet) Yard Coverage Height (feet)
Dwelling (feet)
Unit
Permitted Uses 20,000 20,000 100 30 25 15 20 20%
-
Conditional 20,000 20,000 100 30 25 15 20 20%
Uses -
(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
~36-62. (R-l) Suburban Residential Zone
Intent: 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
premises
(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 masomy 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
(10) All other Permitted Principal Uses indicated as permitted within the Zoning Matrix [Attachment A
hereto]
(B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject
to other conditions relating to the placement of said use on a specific tract of grounds in the (R-l) Suburban
Residential Zoning District as approved by City Council.
(1) Preschools, nursery schools, day care centers, children's homes, and similar facilities
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Grand Island City Code, 2002 Edition
(2) Towers
(3) 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.
(4) All other Conditional Uses indicated as conditional within the Zoning Matrix [Attachment A
hereto]
(C) Permitted Accessorv Uses:
(1) Guest buildings
(2) Customary home occupations
(3) Other buildings or uses accessory to the permitted principal uses
(D) Space Limitations:
Uses Minimum Setbacks
A B C D E
Minimum Minimum Minimum Front Rear Side Street Maximum Maximum
Parcel Lot Area Lot Width Yard Yard Yard Side Ground Building
Area (feet) per (feet) (feet) (feet) (feet) Yard Coverage Height (feet)
Dwelling (feet)
Unit
Permitted Uses 9,000 9,000 70 25 20 10 12 Y, 30% 35
Conditional 9,000 9,000 70 25 20 10 12 Y, 30% 35
Uses
(E) Miscellaneous Provisions:
(I) 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
~36-63. (R-2) Low Density Residential Zone
Intent: To provide for residential neighborhoods at a maximum density of seven dwelling units per
acre with supporting community facilities.
(A) Permitted Principal Uses: The following principal uses are permitted in the (R-2) Low Density
Residential Zoning District.
(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 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
Page 36-60
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Chapter 36 1:1 Zoning
(9) Railway right-of-way, but not including railway yards or facilities
(10) All other Permitted Principal Uses indicated as permitted within the Zoning Matrix [Attachment A
hereto]
(B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject
to other conditions relating to the placement of said use on a specific tract of ground in the (R-2) Low
Density Residential Zoning District as approved by City Council.
(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 three hundred (300.0) feet of the principal building associated with the aforementioned
uses.
(4) All other Conditional Uses indicated as conditional within the Zoning Matrix [Attachment A
hereto]
(C) Permitted Accessory Uses:
(1) Customary home occupations
(2) Buildings and uses accessory to the permitted principal use
I
(D) Space Limitations:
Uses I Minimum Setbacks
A B C D E
Minimum Minimum Minimum Front Rear Side Street Maximum Maximum
Parcel Lot Area Lot Width Yard Yard Yard Side Ground Building
Area (feet) per (feet) (feet) (feet) (feet) Yard Coverage Height (feet)
Dwelling (feet)
Unit
Permitted Uses 6,000 6,000 50 25 20 5 12 Y, 35% 35
Conditional 6,000 6,000 50 25 20 5 12 Y,
Uses 35% 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.
~36-64. (R-3) Medium Density Residential Zone
Intent: To provide for residential uses at a maximum density of fourteen to fifteen dwelling units
per acre with supporting community facilities. This zoning district is sometimes used as a transitional zone
between lower density residential zones and higher density residential, office, business, or manufacturing
zones.
(A) Permitted Principal Uses: The following principal uses are permitted in the (R-3) Medium Density
Residential Zoning District.
(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
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Grand Island City Code, 2002 Edition
(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) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject
to other conditions relating to the placement of said use on a specific tract of ground in the (R-3) Medium
Density Residential Zoning District as approved by City Council.
(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 ofreligious worship/instruction on lands adjacent to
and within three hundred (300.0) feet of the principal building associated with the aforementioned
uses.
(6) All other Conditional Uses indicated as conditional within the Zoning Matrix [Attachment A
hereto]
(C) Permitted Accessory Uses:
(1) Customary home occupations
(2) Buildings and uses accessory to the permitted principal use
(D) Space Limitations:
Uses Minimum Setbacks
A B C D E
Minimum Minimum Minimum Front Rear Side Street Maximum Maximum
Parcel Lot Area Lot Width Yard Yard Yard Side Ground Building
Area (feet) per (feet) (feet) (feet) (feet) Yard Coverage Height (feet)
Dwelling (feet)
Unit
Permitted Uses 6,000 3,000 50 20 15 5 10 50% 35
Conditional 6,000 3,000 50 20 15 5 10 50% 35
Uses
(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.
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Chapter 36 D Zoning
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~36-65. (R-4) High Density Residential Zone
Intent: To provide for residential uses at a maximum density of forty-three dwelling units per acre
with supporting community facilities. This zoning district is also used as a transitional zone between lower
density residential zones and office, business, or manufacturing zones.
(A) Permitted Principal Uses:
(1) Dwelling Units
(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
prennses
(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 masomy 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.
(II) Nonprofit community buildings and social welfare establishment.
(12) Preschools, nursery schools, day care centers, children's homes and similar facilities
(13) All other Permitted Principal Uses indicated as permitted within the Zoning Matrix [Attachment A
hereto]
(B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject
to other conditions relating to the placement of said use on a specific tract of ground in the (R-4) High
Density Residential Zoning District as approved by the City Council.
(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.
(4) Group Care Home for less than eight (8) individuals
(5) Elderly Home, Assisted Living
(6) All other Conditional Uses indicated as conditional within the Zoning Matrix [Attachment A
hereto]
(C) Permitted Accessorv Uses:
(1) Customary home occupations
(2) Buildings and uses accessory to the permitted principal uses
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(D) Space Limitations:
Uses Minimum Setbacks
A B C D E
Minimum Minimum Minimum Front Rear Side Street Maximum Maximum
Parcel Lot Area Lot Width Yard Yard Yard Side Ground Building
Area (feet) per (feet) (feet) (feet) (feet) Yard Coverage Height (feet)
Dwelling (feet)
Unit
Permitted Uses 6,000 ],000 50 ]0 ]0 5 ]0 60% 80
Conditional 6,000 ],000 50 ]0 ]0 5 ]0 60% 80
Uses
(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.
~36-66. (RO) Residential Office Zone
Intent: To provide the highest density of residential uses as well as for various office, personal
services and professional uses. This zoning district is also used as a transitional zone between lower density
residential zones and business or manufacturing zones.
(A) Permitted Principal Uses: The following principal uses are permitted in the (RO) Residential Office
Zoning District.
(1) Dwelling units
(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
prenuses
(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.
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Chapter 36 D Zoning
I
(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.
(17) 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 where retail space is limited to 20% of the total floor area
(18) Mortuaries, funeral homes, and funeral chapels.
(19) Preschools, nursery schools, day care centers, children's homes, and similar facilities.
(20) Group Care Home with less than eight (8) individuals
(21) Elderly Home, Assisted Living
(22) All other Permitted Principal Uses indicated as permitted within the Zoning Matrix [Attachment A
hereto]
(B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject
to other conditions relating to the placement of said use on a specific tract of ground in the (RO)
Residential Office Zoning District as approved by City Council.
(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 worship/instruction on lands adjacent to and
within three hundred (300.0) feet of the principal building associated with the aforementioned uses.
(4) All other Conditional Uses indicated as conditional within the Zoning Matrix [Attachment A
hereto]
(C) Permitted Accessory Uses:
(1) Customary home occupations
(D) Space Limitations:
Uses Minimum Setbacks
A B C D E
Minimum Minimum Minimum Front Rear Side Street Maximum Maximum
Parcel Lot Area Lot Width Yard Yard Yard Side Ground Building
Area (feet) per (feet) (feet) (feet) (feet) Yard Coverage Height (feet)
Dwelling (feet)
Unit
Permitted Uses 6,000 50 10 10 5 10 75% 150
-
Conditional 6,000 50 10 10 5 10 75% 150
Uses -
(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.
~36-67. (B-1) Light Business Zone
Intent: To provide for neighborhood shopping and service facilities this will serve the needs of the
surrounding residential area. Residential uses are permitted at the density of the (R-4) High Density
Residential Zoning District.
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(A) Permitted Principal Uses: The following principal uses are permitted in the (B-1) Light Business
Zoning District.
(1) Agencies as found in the Zoning Matrix [Attachment A hereto]
(2) Boarding and lodging houses, fraternity and sorority houses
(3) Churches, synagogues, chapels, and similar places of religious worship and instruction of a quiet
nature
(4) Colleges offering courses of general instruction, including convents, monasteries, dormitories, and
other related living structures when located on the same site as the college
(5) Country clubs
(6) Dwelling units
(7) Elderly Home, Assisted Living
(8) Group Care Home with less than eight (8) individuals
(9) Hospitals, nursing homes, convalescent or rest homes
(10) Mortuaries, funeral homes, and funeral chapels
(11) Nonprofit community buildings and social welfare establishments
(12) Office and office buildings for professional and personal services as found in the Zoning Matrix
[Attachment A hereto]
(13) Preschools, nursery schools, day care centers, children's homes, and similar facilities
(14) Public parks and recreational areas
(15) Public, parochial and private schools having a curriculum equivalent to an elementary or higher
educational level
(16) Public and quasi-public buildings for cultural use
(17) Radio and television stations (no antennae), private clubs and meeting halls
(18) Railroad right-of-way but not including railway yards or facilities
(19) Stores and shops that conduct 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, as
per the Zoning Matrix [Attachment A hereto]
(20) Truck, bush and tree farming, provided there is no display or sale at retail of such products on the
premises
(21) 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
(22) Vocational or trade schools, business colleges, art and music schools and conservatories, and
other similar uses
(23) Other uses as indicated in the Zoning Matrix [Attachment A hereto]
(B) Conditional Uses: The following uses are subject to any conditions in this chapter and are subject to
other conditions relating to the placement of said use on a specific tract of ground in the (B-1) Light
Business Zoning District as approved by City Council.
(1) Towers
(2) Other uses as indicated in the Zoning Matrix [Attachment A hereto]
(C) Permitted Accessory Uses:
(1) Buildings and uses accessory to the permitted principal use.
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Chapter 36 r:J Zoning
(D) Space Limitations:
Uses Minimum Setbacks
A B C D E
Minimum Minimum Front Rear Side Street Maximum Maximum
Parcel Lot Width Yard Yard Yard Side Ground Building
Area (feet) (feet) (feet) (feet) (feet) Yard Coverage Height (feet)
(feet)
Permitted Uses 3,000 30 10 10 5 10 75% 35
Conditional 3,000 30 10 10 5 10 75% 35
Uses
(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
~36-68. (B-2) General Business Zone
Intent: The intent of this zoning district is to provide for the service, retail and wholesale needs of
the general community. This zoning district 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 (R-4) High Density Residential Zoning District.
(A) Permitted Principal Uses: The following principal uses are permitted in the (B-2) General Business
Zoning District.
(1) Stores and shops that conduct 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, as
per the Zoning Matrix [Attachment A hereto]
(2) Office and office buildings for professional and personal service as found in the Zoning Matrix
[Attachment A hereto]
(3) Agencies as found in the Zoning Matrix [Attachment A hereto]
(4) Dwelling units
(5) Board and lodging houses, fraternity and sorority houses
(6) Truck, bush and tree farming, provided, there is no display or sale at retail of such products on the
prermses
(7) Public parks and recreational areas
(8) Country clubs
(9) Public, parochial and private schools having a curriculum equivalent to an elementary or higher
educational level
(10) Colleges offering courses of general instruction, including convents, monasteries, dormitories, and
other related living structures when located on the same site as the college
(11) Churches, synagogues, chapels, and similar places ofreligious worship and instruction of a quiet
nature
(12) 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
(13) Public and quasi-public buildings for cultural use
(14) Railway right-of-way but not including railway yards or facilities
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(15) Nonprofit community buildings and social welfare establishments
(16) Hospitals, nursing homes, convalescent or rest homes
(17) Radio and television stations (no antennae), private clubs and meeting halls
(18) Vocational or trade schools, business colleges, art and music schools and conservatories, and
other similar use
(19) Preschools, nursery schools, day care centers, children's homes, and similar facilities
(20) Group Care Home with less than eight (8) individuals
(21) Elderly Home, Assisted Living
(22) Stores and shops for the conduct of wholesale business, including sale of used merchandise
(23) Outdoor sales and rental lots for new and used automobiles, boats, motor vehicles, trailers,
manufactured homes, farm and construction machinery, etc.
(24) Specific uses such as: archery range, billboards, drive-in theater, golf driving range, storage yard
(no junk, salvage or wrecking)
(25) Manufacture, fabrication or assembly uses incidental to wholesale or retail sales wherein not more
than 20% of the floor area is used
(26) Other uses as indicated in the Zoning Matrix [Attachment A hereto]
(B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject
to other conditions relating to the placement of said use on a specific tract of ground in the (B-2) General
Business Zoning District as approved by City Council.
(1) Recycling business
(2) Towers
(3) Other uses as indicated in the Zoning Matrix [Attachment A hereto]
(C) Permitted Accessory Uses:
(1) Building and uses accessory to the permitted principal use.
(D) Space Limitations:
Uses Minimum Setbacks
A B C D E
Minimum Minimum Front Rear Side Street Maximum Maximum
Parcel Lot Width Yard Yard Yard Side Ground Building
Area (feet) (feet) (feet) (feet) (feet) Yard Coverage Height (feet)
(feet)
Permitted Uses 3,000 30 10 01 02 10 100% 55
Conditional 3,000 30 10 01 02 10 100% 55
Uses
1
2.
No rear yard setback IS reqUIred unless bounded by an alley, then a setback of 10 feet IS reqUIred.
No side yard setback is required, but if provided, not less than five feet, or unless adjacent to a
parcel whose zone requires a side yard setback, then five feet. When adjacent to a public alley, the
setback is optional and may range from 0 feet to 5 feet.
(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.
Page 36-68
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Chapter 36 c Zoning
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~36-69. (AC) Arterial Commercial Overlay Zone
Intent: The intent of this zoning district is to provide an overlay of the (B-2) General Business
Zoning District 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: The following principal uses are permitted in the (Ae) Arterial Commercial
Overlay District
(1) Agencies as found in the Zoning Matrix [Attachment A hereto]
(2) Boarding and lodging houses, fraternity and sorority houses
(3) Churches, synagogues, chapels, and similar places of religious worship and instruction of a quiet
nature
(4) Colleges offering courses of general instruction, including convents, monasteries, dormitories, and
other related living structures when located on the same site as the college
(5) Country clubs
(6) Dwelling units
(7) Elderly Home, Assisted Living
(8) Group Care Home with less than eight (8) individuals
(9) Hospitals, nursing homes, convalescent or rest homes
(10) Manufacture, fabrication or assembly uses incidental to wholesale or retail sales wherein not more
than 20% of the floor area is so used
(11) Nonprofit community buildings and social welfare establishments
(12) Office and office buildings for professional and personal service as found in the Zoning Matrix
[Attachment A hereto]
(13) Outdoor sales and rental lots for new or used automobiles, boats, motor vehicles, trailers,
manufactured homes, farm and construction machinery, etc.
(14) Preschools, nursery schools, day care centers, children's homes, and similar facilities
(15) Public parks and recreational areas
(16) Public, parochial and private schools having a curriculum equivalent to an elementary or higher
educational level
(17) Public and quasi-public buildings for cultural use
(18) Radio and television stations (no antennae), private clubs and meeting halls
(19) Railway right-of-way but not including railway yards or facilities
(20) Specific uses such as: archery range, drive-in theatre, golf driving range
(21) Stores and shops that conduct 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, as
per the Zoning Matrix (Attachment A hereto)
(22) Stores and shops for the conduct of wholesale business, including sale of used merchandise.
(23) Truck, bush and tree farming, provided, there is no display or sale at retail of such products on the
preilllses
(24) 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
(25) Vocational or trade schools, business colleges, art and music schools and conservatories, and
other similar uses
(26) Other uses as indicated in the Zoning Matrix [Attachment A hereto]
(B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject
to other conditions relating to the placement of said use on a specific tract of ground in the (Ae) Arterial
Commercial Overlay District as approved by City Council.
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(1) Towers
(C) 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.
(D) Space Limitations:
Uses Minimum Setbacks
A B C D E
Minimum Minimum Front Rear Side Street Maximum Maximum
Parcel Lot Width Yard Yard Yard Side Ground Building
Area (feet) (feet) (feet) (feet) (feet) Yard Coverage Height (feet)
(feet)
Permitted Uses 5,000 50 20 01 02 10 80% 55
Conditional 5,000 50 20 01 02 10 80% 55
Uses
1
No rear yard setback IS reqUIred unless bounded by an alley, then a setback of 10 feet IS reqUIred.
No side yard setback is required, but if provided, not less than 5 feet, or unless adjacent to a parcel
whose zone requires a side yard setback, then 5 feet.
(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 Section.
(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 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.
2.
~36-70. (B-3) Heavy Business Zone
Intent: The intent of this zoning district is to provide for the multiple uses within the central
business district. Residential uses are permitted at the density of the (RO) Residential Office Zone.
(A) Permitted Principal Uses: The following principal uses are permitted in the (B-3) Heavy Business
Zoning District.
(1) Agencies as found in the Zoning Matrix [Attachment A hereto]
(2) Boarding and lodging houses, fraternity and sorority houses
(3) Churches, synagogues, chapels, and similar places of religious worship and instruction of a quiet
nature
(4) Colleges offering courses of general instruction, including convents, monasteries, dormitories, and
other related living structures when located on the same site as the college
(5) Country clubs
(6) Dwelling units
(7) Elderly Home, Assisted Living
(8) Group Care Home with less than eight (8) individuals
(9) Hospitals, nursing homes, convalescent or rest homes
Page 36-70
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Chapter 36 c Zoning
I
(10) Hotel and motel uses
(11) Mortuaries, funeral homes, and funeral chapels
(12) Nonprofit community buildings and social welfare establishments
(13) Office and office buildings for professional and personal services as found in the Zoning Matrix
[Attachment A hereto]
(14) Preschools, nursery schools, day care centers, children's homes, and similar facilities
(15) Public parks and recreational areas
(16) Public, parochial and private schools having a curriculum equivalent to an elementary or higher
educational level
(17) Public and quasi-public buildings for cultural use
(18) Radio and television stations (no antennae), private clubs and meeting halls
(19) Railway right-of-way but not including railway yards or facilities
(20) Retail activities of a prescriptive service provided it is limited to being secondary to said use.
Retail space is limited to 25% of the total floor area
(21) Stores and shops that conduct 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, as
per the Zoning Matrix [Attachment A hereto]
(22) Truck, bush and tree farming, provided, there is no display or sale at retail of such products on the
prellllses
(23) 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
(24) Vocational or trade schools, business colleges, art and music schools and conservatories, and
other similar uses
(25) Other uses as indicated in the Zoning Matrix [Attachment A hereto]
(B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject
to other conditions relating to the placement of said use on a specific tract of ground in the (B-3) Heavy
Business Zoning District as approved by City Council.
(1) Manufacture, fabrication or assembly uses incidental to wholesale or retail sales wherein not more
than 20% of the floor area is so used
(2) Outdoor sales and rental lots for new or used automobiles, boats, motor vehicles, trailers,
manufactured homes, farm and construction machinery
(3) Stores and shops for the conduct of wholesale business, including sale of used merchandise.
(4) Towers
(5) Other uses as indicated in the Zoning Matrix [Attachment A hereto]
(C) Permitted Accessory Uses:
(1) Buildings and uses accessory to the permitted principal use.
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(D) Space Limitations:
Uses Minimum Setbacks
A B C D E
Minimum Minimum Front Rear Side Street Maximum Maximum
Parcel Lot Width Yard Yard Yard Side Ground Building
Area (feet) (feet) (feet) (feet) (feet) Yard Coverage Height (feet)
(feet)
Permitted Uses 3,000 30 10 0' 02 10 100%
Conditional 3,000 30 10 0' 02 10 100%
Uses
1
No rear yard setback IS reqUired unless bounded by an alley, then a setback of 10 feet IS reqUired.
No side yard setback is required, but if provided, not less than five feet or unless adjacent to a
parcel whose zone requires a side yard setback, then five feet. When adjacent to a public alley, the
setback is optional and may range from 0 feet to 5 feet.
(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
2.
~36-71. (ME) Industrial Estates Zone
Intent: The intent of this zoning district is 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: The following principal uses are permitted in the (ME) Industrial Estates
Zoning District.
(1) Any industrial/manufacturing use found in the Zoning Matrix [Attachment A hereto] shall be
permitted within this zoning district, provided, such use is in compliance with miscellaneous
provisions and performance standards listed in this section, or unless specifically excluded, or a
conditional use as listed below.
(B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject
to other conditions relating to the placement of said use on a specific tract of ground in the (ME) Industrial
Estates Zoning District as approved by the City Council.
(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
(5) Other uses found in the Zoning Matrix [Attachment A hereto]
(C) Permitted Accessory Uses:
(1) Buildings and uses accessory to the permitted principal uses or approved permitted conditional
uses.
(D) Specifically Excluded Uses:
(1) Automotive wrecking or salvage yards
(2) Billboards
(3) Churches, schools, institutions and other similar public and semi-public uses except for trade and
vocational schools
(4) Concrete or cement products manufacturing and batching plants
(5) Contractor's storage yard or plant
Page 36-72
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Chapter 36 D Zoning
(6) Milling or smelting of ores
(7) Petroleum refining
(8) Residential uses, any
(9) Stock or feed yards and auction houses for livestock
(10) Storage, dump, or yard for the collection, salvage or bailing of scrap paper, bottles, iron, rags,
junk, or any other materials
(11) Storage of explosives
(12) Storage tanks or facilities for fuel oils, petroleum, acids, flammable liquids and chemicals
(13) Tanning, curing, or storage of hides or skins
(14) Other uses found in the Zoning Matrix [Attachment A hereto]
(E) Space Limitations:
Uses Minimum Setbacks
A B C D E
Minimum Minimum Front Rear Side Street Maximum Maximum
Parcel Lot Width Yard Yard Yard Side Ground Building
Area (feet) (feet) (feet) (feet) Yard Coverage Height (feet)
(acres) (feet)
Permitted Uses 2.5 250 50 20 20 50 50% 50
Conditional 2.5 250 50 20 20 50 50% 50
Uses
I
Through Lots shall require that the Front Yard Setback be met on both sides adjacent to streets.
(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.
(6) Only one principal building shall be permitted on one zoning lot except as otherwise provided
herein.
~36-72. (M-I) Light Manufacturing Zone
Intent: The intent of this zoning district is to provide for light fabrication, service, warehousing,
administrative and research uses within a zoning district having generally limited public contact and
requiring some minimal landscaping standards.
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(A) Permitted Principal Uses: The following principal uses are permitted in the (M-l) Light Manufacturing
Zoning District.
(1) Administrative, executive, professional, research and similar office use having limited contact with
the public
(2) Agriculture, including the raising of field crops, tree and bush crops, animals and fowls, but not
including feed lots, poultry farms, fur farms, and commercial kennels
(3) Buildings and installations for public utilities; facilities shall observe yard space requirements but
shall not be subject to minimum area or width requirements
(4) Railway right-of-way, but not including railway yards or facilities
(5) Radio and television stations, private clubs, and meeting halls
(6) Manufacture, processing, assembly, fabrication or storage of non-hazardous products and materials
(7) Other uses found in the Zoning Matrix [Attachment A hereto]
(B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject
to other conditions relating to the placement of said use on a specific tract of ground in the (M -1) Light
Manufacturing Zoning District as approved by City Council.
(1) Gravel, sand, or dirt removal, stockpiling, processing 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
(C) 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
(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:
Uses Minimum Setbacks
A B C D E
Minimum Minimum Front Rear Side Street Maximum Maximum
Parcel Lot Width Yard Yard Yard Side Ground Building
Area (feet) (feet) (feet) (feet) (feet) Yard Coverage Height (feet)
(feet)
Permitted Uses 20,000 100 35' 20 10 35 50% 50
Conditional 20,000 100 35' 20 10 35 50% 50
Uses
lwith 15 feet adjacent to a street landscaped to satisfaction of the zoning official.
(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,
Page 36-74
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Chapter 36 D Zoning
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
~36-73. (M-2) Heavy Manufacturing Zone
Intent: The intent of this zoning district is to provide for the greatest amount 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) Administrative, executive, professional, research and similar office use having limited contact with
the public
(2) Agencies as found in the Zoning Matrix [Attachment A hereto]
(3) Agriculture, including the raising of field crops, tree and bush crops, animals and fowl, but not
including feed lots, poultry farms, and fur farms
(4) Concrete or cement products manufacturing and batching plant
(5) Contractors storage yard or plant
(6) Gravel, sand or dirt removal, stockpiling, processing or distribution, and batching plant
(7) Manufacture, processing, assembly, fabrication and/or storage of non-hazardous products and
materials
(8) Mortuaries, funeral homes, and funeral chapels
(9) Office and office buildings for professional and personal services as found in the Zoning Matrix
[Attachment A hereto]
(10) Outdoor sales and rental lots for new or used automobiles, boats, motor vehicles, trailers,
manufactured homes, farm and construction machinery
(11) Radio and television stations, private clubs and meeting halls
(12) Railway right-of-way, including yards and facilities
(13) Stores and shops that conduct 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, as
per the Zoning Matrix [Attachment A hereto]
(14) Stores and shops for the conduct of wholesale business, including sale of used merchandise
(15) Truck, bush and tree farming, provided, there is no display or sale at retail of such products on the
prennses
(16) Truck terminal, tractor, trailer, or truck storage, including maintenance facilities
(17) 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
(18) Vocational or trade schools, business colleges, art and music schools and conservatories, and
other similar uses
(19) Other uses found in the Zoning Matrix [Attachment A hereto]
(B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject
to other conditions relating to the placement of said use on a specific tract of ground in the (M-2) Heavy
Manufacturing Zoning District as approved by City Council.
(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
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(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
(8) Petroleum refining
(9) Motels and hotels
(10) Petroleum refining
(11) Stock or feed yards
(12) Salvage yard
(13) Tanning, curing, or storage of hides or skins
(14) Towers
(C) Permitted Accessorv Uses:
(1) Buildings and uses accessory to the permitted principal uses
(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) S L"
jpace llmtatlons:
Uses Minimum Setbacks
A B C D E
Minimum Minimum Front Rear Side Street Maximum Maximum
Parcel Lot Width Yard Yard Yard Side Ground Building
Area (feet) (feet) (feet) (feet) (feet) Yard Coverage Height (feet)
(feet)
Permitted Uses 6,000 50 1 2 35 65%
- - - -
Conditional 6,000 50 1 2 35 65%
Uses - - - -
When bounded by an alley 10 feet
2 No required Side Yard Setback, 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.
(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.
~36-74. (M-3) Mixed Use Manufacturing Zone
Intent: To provide for a mix of light manufacturing, warehousing, wholesaling, retail, and
residential uses. This zoning district is reflective of the mix of uses historically present along the Union
Pacific Railroad tracks through the central city.
(A) Permitted Principal Uses:
( 1) Churches
(2) Residential dwellings at the same density as the (R-4) High Density Residential Zoning District
(3) Truck terminal, tractor, trailer, or truck storage, including maintenance facilities
(4) Animal hospital and veterinary clinic
(5) Arena or athletic field or track
(6) Automobile body repair
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Chapter 36 D Zoning
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(7) Automobile service station
(8) Bakery
(9) Bottling plant
(10) Blueprinting
(11) Brewery or distillery
(12) Cafe or restaurant
(13) Cannery
(14) Carpenter or woodworking shop
(15) Carpet cleaning
(16) Casting of lightweight or nonferrous metals
(17) Crating and hauling depot
(18) Dairy products distribution
(19) Dry cleaning and laundry plant
(20) Feed and seed processing and storage
(21) Furniture repair and warehousing
(22) Garage
(23) Laboratories
(24) Lapidary
(25) Printer
(26) Publisher or lithographer
(27) Sign painting or manufacture
(28) Stone and monument works
(29) Storage yards or buildings for lumber, gas, oil and similar materials; but not explosives, vitreous
ware, pottery and porcelain manufacture
(30) Warehouse
(31) Manufacture, processing, assembly, fabrication or storage of products and materials similar to the
above
(32) Railway right-of-way, including yards and facilities
(33) Other uses as permitted in the Zoning Matrix [Attachment A hereto]
(B) Conditional Uses: The following uses may be permitted, if approved by the city council, in accordance
with procedures set forth in Article VI of this chapter.
(1) Salvage yards except those dealing primarily with hazardous or regulated waste
(2) Towers
(C) Permitted Accessorv Uses:
(1) Buildings and uses accessory to the permitted principal uses
(D) Specifically Excluded Uses:
( 1) Manufactured home parks
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(E) Space Limitations:
Uses Minimum Setbacks
A B C D E
Minimum Minimum Front Rear Side Street Maximum Maximum
Parcel Lot Width Yard Yard Yard Side Ground Building
Area (feet) (feet) (feet) (feet) (feet) Yard Coverage Height (feet)
(feet)
Permitted Uses 6,000 50 I 2 35 65%
- - - -
Conditional 6,000 50 I 2 35 65%
Uses - - - -
I
None when bounded by an alley, otherwIse 10 feet
No required Side Yard Setback, 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.
(F) Miscellaneous Provisions:
(1) Supplementary regulations shall be complied with as defined herein
(2) Only one (1) principal building shall be permitted on each zoning lot except as otherwise provided
herein.
2
~36-75. Reserved
~36-76. (CD) Commercial Development Zone
(A) Intent: The intent of this zoning district is to permit a more flexible regulation of land use so as to
more fully implement comprehensive planning for large parcels ofland proposed for commercial use.
(B) Boundaries: The boundaries of the (CD) Commercial Development Zoning District 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 Zoning District, there shall be provided a minimum size of 1.5
acres
(2) Any proposed development shall be constructed in accordance with an overall plan of
development.
(3) Any proposed plan of development shall be designed as a single architectural scheme with
appropriate common landscaping
(4) Adequate parking space shall be provided for all employees', visitors', and users' vehicles, and such
parking, loading or service areas that shall be used for motor vehicles shall be located within the
boundary lines of the (CD) Commercial Development Zoning District and shall be physically
separated from any public street right-of-way or property line by a buffer strip of not less than 30 feet
(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) Commercial
Development Zoning District.
(7) The minimum off-street parking requirement shall be provided as defined in this chapter of the city
code.
(D) Ownership: A (CD) Commercial Development Zoning District shall require a tract of land which is
developed as a unit under single ownership or control, or which is under single designated control by a
common ownership at the time it is certified as a (CD) Commercial Development Zone.
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(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.
(6) Retail uses as found in the Zoning Matrix [Attachment A hereto]
(7) Agencies as found in the Zoning Matrix [Attachment A hereto]
(8) Shops as found in the Zoning Matrix [Attachment A hereto]
(9) Motel and hotel uses.
(10) Other uses as found in the Zoning Matrix [Attachment A hereto]
(F) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject
to other conditions relating to the placement of said use on a specific tract of ground in the (CD)
Commercial Development Zoning District as approved by City Council.
(1) Towers
(G) Permitted Accessorv Uses:
(1) Buildings and uses accessory to the permitted principal use.
(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 X of this chapter.
(2) Said application shall be filed with the city clerk in such form as shall be required by the city
council, and shall be accompanied by the following information:
(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 development 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 a CD-Commercial Development Zone.
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(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 as considering an amendment to a (CD)
Commercial Development Zoning District as in Article X 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 shall be approved by the Planning Director.
(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) Commercial Development Zoning District, the
area in its entirety shall be reverted to its former zoning classification by appropriate action of the city
council, provided, that the city council shall have the power to extend said period by six (6) months in
the event of special and unique hardships and circumstances.
(4) Control of the development following completion:
(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) Commercial
Development Zoning District 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
shall 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) 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 (iii) hereof.
(iii) All other changes in the final development plan as approved by the city council must be
made by the city council under the procedures authorized under Article X for amendment of
the Official Zoning Map; no changes may be made in the final development plan unless they
are found by the city council to be required for the continued successful functioning of the
commercial development, or unless they are found by the city council to be required by
changes in conditions that have occurred since the final plan was improved or by changes in
the comprehensive planning and development policy of the City.
Page 36-80
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~36-77. (TD) Travel Development Zone
Intent: The intent of this zoning district is 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
(7) Other uses as found in the Zoning Matrix [Attachment A hereto]
(B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject
to other conditions relating to the placement of said use on a specific tract of ground in the (TD) Travel
Development Zone as approved by City Council.
(1) 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
(C) Permitted Accessory Uses:
(1) Buildings and uses accessory to the permitted principal use
(D) Specificallv Excluded Uses:
(1) Any residential use except quarters for management within the principal building
(E) Space Limitations:
Uses Minimum Setbacks
A B C D E
Minimum Minimum Front Rear Side Street Maximum Maximum
Parcel Lot Width Yard Yard Yard Side Ground Building
Area (feet) (feet) (feet) (feet) (feet) Yard Coverage Height (feet)
(feet)
Permitted Uses 40,000 200 50 20 10 50 60% 50
Conditional 40,000 200 50 20 10 50 60% 50
Uses
lwith 15 feet adjacent to a street landscaped to satisfaction of the zoning official.
(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 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 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.
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~36-78. (RD) Residential Development Zone
(A) Intent: The intent of this zoning district is to permit a more flexible regulation ofland use, and so as to
more fully implement comprehensive planning for large parcels of land proposed predominantly for
residential use.
(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 zoning district is applied to properties within
the City's zoning jurisdiction.
(C) Limitations:
(1) In a (RD) Residential 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 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) Residential Development 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)
Residential Development 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 Section 36-102 shall be followed.
(D) Ownership: A (RD) Residential Development 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)
Residential Development Zone.
(E) Permitted Principal Uses: The following principal uses are permitted in the (RD) Residential
Development Zone.
(1) Uses as listed under permitted principal uses of the (TA) Transitional Agricultural Zone, (R-l)
Suburban Residential Zone, (R-2) Low Density Residential Zone, (R-3) Medium Density Residential
Zone, and (R-4) High Density Residential Zone except as listed under specifically excluded uses.
(2) Nonprofit community buildings and social welfare establishments other than those providing living
accommodations.
(F) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are
subject to other conditions relating to the placement of said use on a specific tract of ground in the (RD)
Residential Development Zone as approved by City Council.
(1) Towers
(G) Permitted Accessorv Uses:
(1) Buildings and uses accessory to the permitted principal use
(H) 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.
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Chapter 36 a Zoning
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(5) Nonresidential uses.
(I) Procedure:
(1) An application to establish a (RD) Residential Development Zone shall be initiated in the manner
prescribed in Article X of this chapter.
(2) Said application shall be filed with the city clerk in such form as shall be required by the city
council and shall be accompanied by the following information:
(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.
(t) 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 chapter 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 a (RD) Residential 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 the
(RD) Residential Development Zone as in Article X 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 Chapter 33 of this code 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
Director.
(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 (RD) Residential Development Zone, the area in its
entirety shall be reverted to its former zoning classification by appropriate action of the city council,
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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 Director if they are consistent with the purposes and intent
of the final plan. No change authorized by this subsection may increase the density of any
building or structure by more than ten percent.
(ii) 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 (iii) hereof.
(iii) All other changes in the final development plan as approved by the city council must be
made by the city council under the procedures authorized under Article X 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.
~36-79. (A) Airport Zone
Intent: The intent of the zoning district is 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) Conditional Uses:
(1) Uses as listed under permitted conditional uses in the zone or zones underlying the Airport Zone
indication.
(C) 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.
(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 X of this chapter, and in addition, shall
include the following information:
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(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.
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~36-80. (GCO) Gateway Corridor Overlay District
Intent: The City of Grand Island has established basic site and building development criteria to be
implemented within the boundaries of this overlay district. These criteria include, but are not limited to the
following: landscaping, building material selection, lighting, and interior street development. The purpose
for regulating these issues is to provide for a cohesive and properly developed entrance into the City of
Grand Island from the Interstate corridor. Guiding development in this manner promotes the general health,
safety and welfare of the residents within the zoning jurisdiction of the City, by providing quality design
and construction that will also aid in the protection of past and future investment in the corridor.
Purpose: The purpose of these criteria is to establish a checklist of those items that affect the
physical aspect of Grand Island's environment. Pertinent to appearance is the design of the site, building
and structures, planting, signs, street hardware, and miscellaneous other objects that are observed by the
public.
The criteria contained herein are not intended to restrict imagination, innovation or variety, but
rather to assist in focusing on design principles that can result in creative solutions that will develop a
satisfactory visual appearance within the city, preserve taxable values, and promote the public health, safety
and welfare.
(A) Geographic Area:
The Gateway Corridor Overlay District extends generally to Wood River Road or the
southern portion of the Grand Island Extraterritorial Jurisdiction. The overlay districts generally
are one-half mile wide and centered along U.S. Highway 281 south of Schimmer Drive and South
Locust Street south of U.S. Highway 34.
If a site is partially covered by said overlay district, and then the entire portion of the site
facing the Gateway Corridor is to be covered by these regulations. For a graphically defined area,
see the Official Zoning Map.
(B) Criteria For Application:
(1) All commercial developments consisting of more than one principal building, mixed-
uses, multiple-pad development and/or similar shall be required to meet the zoning
requirements for a Commercial Development Zone or the Travel Development Zone. The
Commercial Development Zone or Travel Development Zone process and rezoning shall be
in conjunction with preliminary and final plat review and approval. The design criteria of this
section shall be met as part of the subdivision approval.
(2) All industrial developments consisting of more than one principal building, mixed-
uses, multiple-pad development and/or similar shall be required to meet the zoning
requirements of the Industrial Estates Zone. The design criteria of this section shall be met as
part of the subdivision approval.
(3) All commercial or industrial developments consisting of one principal building with
single or mixed uses in an existing zone shall comply with the design criteria of this section.
This would include additions and exterior remodeling of existing structures.
(4) All residential subdivisions shall be required to meet the landscape and site treatment
criteria whenever the proposed development is adjacent to an arterial or frontage road. The
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criteria shall be implemented for the entire frontage, including entrances into the
development. Exception: Single-family dwelling units within this overlay on property zoned
for Agricultural or Transition Agriculture shall be exempted from these criteria.
(C) Criteria for Appearance:
(1) Relationship of Buildings to Site: The site shall be planned to accomplish a desirable
transition with the streetscape and to provide for adequate planting, safe pedestrian
movement, and parking areas.
(a) Site planning in which setbacks and yards are in excess of standard
commercial zoning restrictions is encouraged to provide an interesting relationship
between buildings.
(b) Parking areas shall be treated with decorative elements, building wall
extensions, plantings, berms, or other innovative means so as to screen parking areas
from view from public ways.
(c) Without restricting the permissible limits of the applicable zoning district,
the height and scale of each building shall be compatible with its site and existing (or
anticipated) adjoining buildings.
(d) Newly installed utility services, and service revisions necessitated by
exterior alterations, shall be underground.
(2) Relationship of Buildings and Site to Adioining Area (Outside of Subdivision)
(a) Adjacent buildings of different architectural styles shall be made compatible
by such means as screens, sight breaks, and materials.
(b) Attractive landscape transitions shall be designed to be compatible to
adjoining properties.
(c) Harmony in texture, lines and masses is required. Monotony shall be
avoided.
(3) Landscape and Site Treatment. Landscape elements included in these criteria consist
of all forms of planting and vegetation, ground forms, rock groupings, water patterns, and
all visible construction except building and utilitarian structures.
(a) Where natural or existing topographic patterns contribute to beauty and
utility of a development, they shall be preserved and developed. Modification to
topography will be permitted where it contributes to good site design and
development.
(b) Grades of walk, parking spaces, terraces, and other paved areas shall provide
an inviting and stable appearance for walking and, if seating is provided, for sitting.
(c) Landscape treatments shall be provided to enhance architectural features,
strengthen vistas and important axis, and provide shade. Spectacular effects shall be
reserved for special locations only.
(d) Unity of design shall be achieved by repetition of certain plant varieties and
other materials and by correlation with adjacent developments.
(e) Plant material shall be selected for interest in its structure, texture, color, and
for its ultimate growth. Plants that are indigenous to the area and others that will be
hardy, harmonious to the design and of good appearance shall be used.
(f) Site must be serviced by an underground or approved irrigation system and
all plant material shall be kept in good health and maintained. If plant material dies,
it shall be replaced.
(g) Parking areas and traffic ways shall be enhanced with landscaped spaces
containing trees or tree groupings.
(h) Use of walls, fencing, planting, or combinations of those shall accomplish
screening of service yards and other places that tend to be unsightly. Screening shall
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be equally effective in winter and summer.
(i) Exterior lighting, when used, shall enhance the building design and the
adjoining landscape. Building fixtures shall be of a design and size compatible with
the building and adjacent areas. Lighting shall be restrained in design and excessive
brightness avoided. Lighting shall be designed to a standard that does not impact
adjoining properties, especially residential areas.
(j) All fencing within this Overlay District shall be defined including height,
type and materials within the development plan.
(k) Fencing within the Overlay District and as part of an Industrial Development
may be required to be a solid fence.
(1) All signs shall meet the Sign Design Criteria within Chapter 31 of this code.
(4) Building Design
(a) Architectural design and style are not restricted, however architectural style
should be consistent throughout the subdivision. Evaluation of the appearance of a
project shall be based on the quality of its design and relationship to surroundings.
(b) Buildings shall have good scale and be in harmonious conformance with
permanent neighboring development.
(c) The primary building material for all portions of the structures shall be
negotiated with the City. However, sample materials shall include but not be limited to
materials of high quality, such as brick (clay), stucco, wood, glass, split faced concrete
masonry units (CMU) with integrated color pigmentation, pre-engineered structures
provided the exterior skin meets the criteria for appearance for the area as defined in the
subdivision agreement or approved by the site design and review committee, and stone
material native to Nebraska. The materials shall be similar and compatible throughout the
entire development. The City of Grand Island staff and/or design review architect may
allow other primary building designs (of good architectural character, i.e. CMU, poured-
in-place concrete) for portions of the building not visible from public areas. Other
secondary building materials shall have good architectural character and shall be selected
for harmony of the building with adjoining buildings.
(d) Materials shall be selected for suitability to the type of buildings and the
design in which they are used. Buildings shall have the same materials, or those that are
architecturally harmonious, used for all building walls and other exterior building
components wholly or partly visible from public ways.
( e) Materials shall be of durable quality.
(f) In any design in which the structural frame is exposed to view, the structural
materials shall be compatible within themselves and harmonious with their surroundings.
(g) Building components, such as windows, doors, eaves and parapets, shall
have good proportions and relationships to one another.
(h) Colors shall be harmonious and shall use only compatible accents.
(i) Colors shall be of low reflectance and shall not be of high-intensity or
metallic colors unless the colors are true to the materials being used.
(j) Mechanical equipment or other utility hardware on roof, ground, or buildings
shall be screened from public view with materials harmonious with the building, or they
shall be so located as not to be visible from any public ways.
(k) Exterior lighting shall be part of the architectural concept. Fixtures,
standards, and all exposed accessories shall be harmonious with building design.
(1) Refuse and waste removal areas, service yards, storage yards, and exterior
work areas shall be screened from view from public ways, using materials as stated in
criteria for equipment screening.
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(m) The style and material of the signs shall be included within the development
plan.
(n) Monotony of design in single or multiple building projects shall be avoided.
Variation of detail, form, and siting shall be used to provide visual interest. In multiple
building projects, variable siting of individual buildings may be used to prevent a
monotonous appearance.
(0) Building orientation shall be toward an arterial street, unless it is
demonstrated that this would not be feasible.
(D) Factors for Evaluation:
The following factors and characteristics, which affect the appearance of a development, will
govern the evaluation of a design submission:
(1) Conformance with city code regulations and the Building Design Criteria.
(2) Logic of design
(3) Exterior space utilization
(4) Architectural character
(5) Attractiveness of the material selection
(6) Harmony and compatibility
(7) Circulation-vehicular and pedestrian
(8) Maintenance aspects
(E) Process
(1) Commercial Development Zone application. All general commercial developments on
property not already zoned for commercial uses within the Gateway Corridor Overlay District
shall be required to apply for rezoning under the criteria in 936-76 of this chapter.
(2) Industrial Development Zone application. All industrial developments within the
Gateway Corridor District shall be required to apply for rezoning to ME-Industrial Estates zone.
(3) Individual commercial or industrial buildings and additions or exterior remodeling of
existing buildings shall be subject to site plan and design review by a committee consisting of the
Hall County Regional Planning Director, the Grand Island Building Department Director, one (1)
planning commission member representing the City of Grand Island, and if appointed, a design
review architect representing the City of Grand Island. This committee can request additional
input from surrounding property owners and near-by business improvement districts as ex-officio
members of the design review committee.
(4) Subdivision approval. All new commercial buildings or developments within the
Gateway Corridor Overlay shall be on properly subdivided lots. As a condition of subdivision
approval, all said commercial and/or industrial buildings or developments shall comply with the
provisions of the Gateway Corridor Overlay District. The developer shall place maintenance
provisions required by this section within all restrictive covenants.
(5) Pre-application conference. A pre-application conference with city staff to give the
applicant an opportunity to discuss plans before a great deal of time or money is expended.
(6) Application for design review. The applicant needs to fill out the "Application for
Certificate Approval" and submit it along with the required submittals. See Administrative Forms
for a listing of required submittals.
(7) Certificate of Approval. Upon a successful review, the City of Grand Island will issue
to the applicant a Certificate of Approval. A copy of this will need to be included with the
Building Permit documents in order to receive a Building Permit.
(8) Appeals. In the event, where the Applicant, City staff and/or a design review architect
representing the City, or the site plan and design review committee cannot come to an agreement,
the Applicant may appeal the decision by requesting an amendment to the subdivision agreement
from the Grand Island City Council.
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Chapter 36 c Zoning
(9) Certificate of Occupancy Permit. After the building permit is issued, all design
requirements must be completed as approved in order for a Certificate of Occupancy to be issued.
(10) Maintenance of Design Requirements. The applicant needs to maintain the design
requirements for the life of the project. In the event that they fail to do so, the City may revoke the
Occupancy Permit.
(11) Fees. Fees may apply to each individual step as established by separate regulation.
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~36-81. -M and -MD Manufactured Home Overlay 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 of the 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
(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
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(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.
~36-82. Reserved
~36-83. Reserved
~36-84. Reserved
~36-85. Reserved
~36-86. Reserved
~36-87. Reserved
Article VI. Conditional Use Permits
~36-88. 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, 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.
~36-89. 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:
(A) To permit uses as listed under the permitted conditional uses within the respective zoning
districts as specified in this chapter;
(B) To permit the appropriate use of a lot less in area by not more than ten percent of the area
required by this chapter;
(C) 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;
(D) 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;
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Chapter 36 D Zoning
(E) 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;
(F) 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.
(G) 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 of less than 2,000 gallons per day. The design capacity
shall be based on the table of estimated waste/sewerage flow rates in Chapter 30 of this code.
(H) 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 ~5-16 of this code.
(I) To permit operation of a salvage yard where allowed under the permitted conditional uses
within the respective districts; provided, that salvage operations conducted entirely within a building as an
accessory use to a permitted principal use ofland shall not require compliance with this article.
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~36-90. Conditional Uses; Procedure
After receipt of a conditional use application and application fee, 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.
The city administrator or any department director having a personal knowledge of any violation of
a permitted conditional use or a condition or safeguard which is made part of the terms under which a
conditional use is granted, may deliver a written request to the building department director asking that the
director issue a notice of violation and demand for compliance to the person owning the property subject to
the permitted conditional use. Upon receipt of said written request, the building department director shall
investigate the alleged violation and if it is determined that a violation exists, the building department
director shall send a notice of violation and demand for compliance to the last known address of said
person, one copy each, by ordinary first class mail and certified mail, return receipt requested, demanding
that the premises be brought into compliance with the conditional use by a date certain and advising said
person that in the event violations continue after said date, that a request for revocation of the conditional
use will be forwarded to the city council for a public hearing and determination. The written notice shall
include a description of the violations and the underlying facts supporting such allegations.
If the violations stated in the foregoing notice and demand are not eliminated and the property
brought into compliance with the city code and the permitted conditional use by the date certain, the
building department director shall send such person a notice of hearing before the city council to consider
revocation of the conditional use permit. The public hearing shall be conducted formally. The building
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department director, city attorney or their respective designees shall present oral or written statements or
reasons supporting revocation of the permitted conditional use. The property owner( s) or designee( s) shall
present oral or written statements or reasons opposing the revocation of the permitted conditional use.
Statements by each side shall be limited to a total time of one hour or less. Any interested person may be
heard following presentations on behalf of the city and the property owner. Upon conclusion of the hearing,
the city council may affirm, revoke, or modify the permitted existing use.
~36-91. Fees
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 in the City of Grand Island Fee Schedule, which
shall not be refundable.
~36-92. Reserved
~36-93. Reserved
~36-94. Reserved
~36-95. Reserved
Article VII. Supplemental Regulations
~36-96. Off-Street Parking Requirements
(A) Purposes:
(1) It is the intent of this section that all buildings and uses shall provide off-street parking and
loading facilities in a minimum amount as required herein to meet the needs of such buildings and uses
on private property and under the same ownership as such buildings or uses. The accommodations may
consist of lots, garages, or other buildings, and accessories; they may be surface facilities or facilities
above or under the ground.
(2) It is the further intent of this section that all off-street parking and loading spaces and facilities
shall be sited and built according to the requirements contained in this section, and shall require an
application for and issuance of a building permit pursuant to 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
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.1.
(2) Fourth Street Business District. Beginning at the intersection of Eddy Street and the alley in the
block between Fourth and Fifth Streets; thence easterly on the alley to the intersection of the alley with
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.
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(C) Area and Computation: An off-street parking space shall be of appropriate dimensions of not less than
180 square feet exclusive of access or maneuvering area, ramps, columns, etc., and shall have a vertical
clearance of not less than seven feet. An off-street loading space shall be of appropriate dimensions of not
less than 360 square feet exclusive of access or maneuvering area, ramps, columns, etc., and shall have a
vertical clearance of not less than fourteen feet. When determination of the number of off-street parking or
loading spaces required by this chapter results in a requirement of a fractional space, any fraction of one-
half or less may be disregarded while a fraction in excess of one-half shall be counted as one parking space.
(D) Location: All off-street parking spaces shall be on the same lot as the building or 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) Emplovee 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 Transitional Agricultural Zoning District or of property within a Suburban Residential
Zoning District, Low Density Residential Zoning District, Medium Density Residential Zoning District,
High Density Residential Zoning District or Residential Development Zoning District, shall provide a
sight-obscuring fence or screen not less than six feet nor more than eight feet in height along the boundary
of the parking lot adjacent to such districts. No fence or screen shall be required between abutting parking
lots or adjacent to an alley. The height of any fence or screen shall be subject to other restrictions provided
by the City Code.
(H) Maintenance: The parking and loading facilities required by this section shall be provided and
maintained so long as the use exists which the facilities are designed to serve. Reasonable precautions must
be taken by the owners of particular uses to assure the use of the parking facilities only by the employees 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 of Adjustment, and
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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.
(1) Requirement for Uses Not Listed: For any use not listed, the Board of Adjustment shall determine the
proper requirement by classifying the proposed use among the uses specified herein so as to assure equal
treatment.
(K) Administration and Enforcement: The off-street parking and loading provisions of this section shall be
administered by the zoning official and enforced by the chief building official, who shall also serve in
advisory capacity to the city council on matters relative to any phase of such provisions.
(L) Penalty for Violation: The provisions of parking and loading facilities as required by this section shall
be a continuing obligation of the owner or sponsor of a given building or use so long as the building or use
is in existence and so long as parking and loading facilities are required hereunder in connection therewith,
and it shall be unlawful to discontinue, change, or dispense with such facilities without establishing
alternate facilities that meet the requirements herein. Penalty provisions applicable to this chapter as a
whole shall apply to the violations of these provisions. In addition, at such time as the facilities required
hereunder shall fail to continue to be available 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.
~36-97. Schedule of Minimum Off-Street Parking and Loading Requirements
Uses
Adult entertainment establishments
Bowling Alleys
Churches, Synagogues, and Temples
Clubs, including fraternal organizations
College/University
Commercial Uses
Agricultural Sales / Service
Automotive Rental/Sales
Automotive Servicing
Bars, Taverns, Nightclubs
Body Repair
Equipment Rental I Sales
Campground
Commercial Recreation
Communication Services
Construction Sales I Service
Food Sales (limited)
Food Sales (general)
General Retail Sales establishments
Laundry Services
Restaurants wI drive-thru
Restaurants (General)
Convalescent and Nursing Home
Services
Day Care
Educational Uses, Primary facilities
Educational Uses, Secondary facilities
Funeral Homes and Chapels
Group Care Facility
Group Home
Guidance Services
Hospitals
Parking Requirements
One (1) space per 2 persons of licensed capacity
Four (4) spaces per alley
One (I) space per 4 seats in main worship area
One (1) space per 500 sJ. of net floor area
One (I) spaces per every two (2) students of occupancy
plus one (1) per em loyee.
One (I) space per 500 s.f. of net floor area
One (I) space per 500 s.f. of net floor area
Three (3) spaces per repair stall
Parking equal to 30% of licensed capacity
Four (4) spaces per repair stall
One (I) space per 500 s.f. of net floor area
One (I) space per camping unit
One (I) space per 4 persons of licensed capacity
One (1) space per 500 s.f. of net floor area
One (I) space per 500 s.f. of net floor area
One (I) space per 300 s.f. of net floor area
One (1) space per 200 sJ. of net floor area
One (I) space per 200 s.f. of net floor area
One (I) space per 200 s.f. of net floor area
One (I) space per 1 SO sJ. of net floor area
Parking equal to 40% oflicensed capacity
One (I) space per 3 beds plus I per employee on the
largest shift
One (1) space per employee plus I space or loading stall
per each 10 persons oflicensed capacity
Two (2) spaces per classroom
Eight (8) spaces per classroom plus I space per
employee on largest shift
Eight (8) spaces per reposing room
One (I) space per 4 persons of licensed capacity
One (I) space per 4 persons of licensed capacity
One (1) space per 300 sJ. of net floor area
One and one-half (1 1/2) spaces per 2 licensed beds;
Page 36-94
Loading Requirements
None required
One (I) space per establishment
None required
None required
Two (2) spaces per structure
One (1) per establishment
One (I) per establishment
None required
Two (2) spaces per establishment
None required
One (1) Space
None required
One (I) per establishment
One (1) per establishment
One (I) per establishment
One (I) per establishment
Two (2) per establishment
One (1) per establishment
None required
One (1) per establishment
Two (2) spaces per establishment
Two (2) space per structure
None required
Two (2) spaces per structure
Two (2) spaces per structure
Two (2) spaces per establishment
Two (2) space per structure
Two (2) space per structure
None required
Three (3) spaces per structure
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Chapter 36 D Zoning
plus, .75 times the maximum number of employees
during the largest shift.
One (1) s ace perrental unit
One 1) s ace per establishment
Hotels and Motels
Housing (Congregate)
Assisted-living facilities
One (l) per structure
Duplex
Multi-family / Apartments
Industrial Uses
Libraries
Boarding Houses / Bed and Breakfasts
Medical Clinics
Manufactured Home Park
Offices and Office Buildings
Residential (Single-family, attached and
detached)
Roadside stands
Service Oriented Establishments
Theaters, Auditoriums, and Places of
Assembly
Veterinary Establishments
Wholesaling I Distribution Operations
I
One (l) space per dwelling unit plus 1 space per
employee on the largest shift
Two (2) spaces per dwelling unit
One (l) space per sleeping unit - spaces to be sited in
the general proximity of where the sleeping units are
located, plus, one (1) additional space per apartment (for
1- and 2-sleeping units), and I Y, spaces per apartment
(for 3-sleeping units) to accommodate guest parking.
.75 times the maximum number of employees during the
largest shift
One (1 ) space 500 sJ. of net floor area
One (l) space per rental uni ts
Five (5) spaces per staff doctor, dentist, chiropractor
Two (2) per dweI1ing unit
One (1) space per 200 s.f. of net floor area
Two (2) spaces per dwelling unit with I required to be
enclosed
Four (4) spaces per establishment
One (1) space per 200 s.f. of net floor area
One (1) space per 4 persons of licensed capacity
Three (3) spaces per staff doctor
One (1) space per 2 employees on the largest shift
None required
None required
Two (2) spaces per establishment
One (1) per structure
None required
None required
None required
None required
None required
None required
One (l) per establishment
One (1) space per establishment
None required
Two (2) spaces per establishment
~36-98. Off-Street Parking Design Criteria
(A) Standard parking stall dimensions shall not be less than 9 feet by 20 feet or 10 feet by 18 feet, plus the
necessary space for maneuvering into and out of the space. Where the end of the parking space abuts a
curbed area at least 5 feet in width (with landscaping and sidewalk), an overhang may be permitted which
would reduce the length of the parking space by 2 feet. Such overhang shall be measured from the face of
the curb. For standard parking lots, minimum dimensions shall be as follows:
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Grand Island City Code, 2002 Edition
Parking Configuration
Aisle Width (A)
One-way traffic
Two-way traffic
End Parking Bay Width (B)
Without overhang
With overhang
Center Parking Bay Width
(C)
16 feet
18 feet
18 feet
18 feet
17 feet
16 feet
/ , /
/ /
/ / /
/ ^ / /
/ / / " / ./
/ ./ / > / ./
./ ./ ./ ./ / ./
/ ./ ./< ./ / / /
./ ./
/ ./ "./ /
/ ./ > /
/ ./ ./
, /
c c
A
B
END
PARKING BAY
AISLE
WIDTH
CENTER CENTER
PARKING BAY PARKING BAY
AISLE
WIDTH
END
PARKING BAY
(B) Minimum dimensions for a parallel parking space shall be 9 feet by 23 feet
(C) Minimum parking dimensions for other configurations or for parking lots with compact car spaces shall
be determined by the Planning Commission and City Council upon recommendation of the City Engineer
~36-99. Home Occupations
The following are the minimum standards required for a Home Occupation:
(A) Advertising displays and advertising devices displayed through a window of the building shall not be
permitted
(B) No more than 25% of the floor area of anyone story can be used for the home occupation
(C) There shall be no machinery other than that normally found in a home
(D) There shall be no contact at the premises with customers or clients other than by telephone or mail,
except that music lessons may be given to one pupil at a time, and cultural, art, or dance instruction may be
given to four pupils at one time
(E) No one other than the resident(s) can work from that site
(F) No retail sales are permitted from the site other than incidental sales related to services provided
(G) No exterior storage (including storage within detached buildings/garage) is permitted
(H) No offensive noise, vibration, smoke, odor, heat or glare shall be noticeable at or beyond the property
line
(I) The above listed characteristics of a home occupation shall not be construed to restrict the sale of garden
produce grown on the premises, provided, this exception shall not extend to allow the operation of a
commercial greenhouse or nursery, or the existence of stands or booths for display of said produce
Page 36-96
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Chapter 36 c Zoning
All businesses related to Child Care Homes and Child Care Centers shall be in accordance with Neb.
R.R.S. 1943, Sec. 971-1902.
I
~36-100. Fences and Hedges; Corner Visibility
(A) 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 sight triangle.
(B)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:
(1) 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).
(2) 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.
(3) Maximum front yard hedge/foliage height of thirty-six (36) inches.
(4) On all other portions of lot lines, fences, hedges and other foliage, barriers may not exceed a
height of ninety-six (96) inches.
(C) 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.
(D) 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.
(E) 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.
I
~36-101. Performance Standards for Industrial Uses
The following standards shall be met unless there are greater standards required by the United States
Environmental Protection Agency or the Nebraska Department of Environmental Quality.
(A) Physical Appearance: All operations shall be carried on within an enclosed building except
that new materials or equipment in operable condition may be stored in the open. Normal daily wastes of an
inorganic nature may be stored in containers not in a building when such containers are not readily visible
from a street. The provisions of this section shall not be construed to prohibit the display of merchandise or
vehicles for sale or the storage of vehicles, boats, farm machinery, trailers, manufactured homes, or similar
equipment when in operable condition.
(B) Fire Hazard: No operation shall involve the use of highly flammable gasses, acid, liquids,
grinding processes, or other inherent fire hazards. This provision shall not be construed to prohibit the use
of normal heating fuels, motor fuels and welding gasses when handled in accordance with other regulations
of the City of Grand Island.
(C) Noise: No operation shall be carried on which involves noise in excess of the normal traffic
noise of the adjacent street at the time of the daily peak hour of traffic volume. Noise shall be measured at
the property line and when the level of such noise cannot be determined by observation with the natural
senses, a suitable instrument may be used and measurement may include breakdowns into a reasonable
number of frequency ranges.
(D) Sewage and Liquid Wastes: No operation shall be carried on which involves the discharge into
a sewer, water course, or the ground, liquid waste of any radioactive or poisonous nature or chemical waste
Page 36-97
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Grand Island City Code, 2002 Edition
which are detrimental to normal sewage plant operation or corrosive and damaging to sewer pipes and
installations.
(E) Air Contaminants:
(1) Air Contaminants and smoke shall be less dark than designated Number One on the
Ringleman Chart as published by the United States Bureau of Mines, except that smoke of a
density designated as Number One shall be permitted for one four minute period in each one-
half hour. Light colored contaminants of such a capacity as to obscure an observer's view to a
degree equal to or greater than the aforesaid shall not be permitted.
(2) Particulate matter of dust as measured at the point of emission by any generally accepted
method shall not be emitted in excess of two tenths (0.2) grains per cubic foot as corrected to
a temperature of 500 degrees Fahrenheit, except for a period of four minutes in anyone-half
hour, at which time it may equal but not exceed six tenths (0.6) grains per cubic foot as
corrected to a temperature of 500 degrees Fahrenheit.
(3) Due to the fact that the possibilities of air contamination cannot reasonably be
comprehensively covered in this section, there shall be applied the general rule that there shall
not be discharged from any sources whatsoever such quantities of air contaminants or other
material in such quantity as to cause injury, detriment, nuisance, or annoyance to any
considerable number of persons or to the public in general; or to endanger the comfort,
repose, health, or safety of any such considerable number of persons or to the public in
general, or to cause, or have a natural tendency to cause injury or damage to business,
vegetation, or property.
(4) Odor: The emission of odors that are generally agreed to be obnoxious to any
considerable numbers of persons, shall be prohibited. Observations of odor shall be made at
the property line of the establishment causing the odor. As a guide to classification of odor it
shall be deemed that strong odors of putrefaction and fermentation tend to be obnoxious and
that such odors as associated with baking or the roasting of nuts and coffee shall not normally
be considered obnoxious within the meaning of this regulation.
(5) Gasses: The gasses sulphur dioxide and hydrogen sulphide shall not exceed five (5) parts
per million, carbon monoxide shall not exceed five (5) parts per million. All measurements
shall be taken at the zoning lot line.
(6) Vibration: All machines including punch presses and stamping machines shall be so
mounted as to minimize vibration and in no case shall such vibration exceed a displacement
of three thousands (0.003) of an inch measured at the zoning lot line. The use of steam or
broad hammers shall not be permitted in this zone.
(7) Glare and heat: All glare, such as welding arcs and open furnaces shall be shielded so
that they shall not be visible from the zoning lot line. No heat from furnaces or processing
equipment shall be sensed at the zoning lot line to the extent of raising the temperature of air
or materials more than five (5) degrees Fahrenheit.
~36-102. Landscaping Requirements
(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: Medium Density Residential
Zone, High Density Residential Zone, Residential Office Zone, Light Business Zone, General Business
Zone, Arterial Commercial Overlay Zone, Heavy Business Zone, Industrial Estates Zone, Light
Page 36-98
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Chapter 36 D Zoning
I
Manufacturing Zone, Heavy Manufacturing Zone, Commercial Development Zone, Residential
Development Zone and Travel Development Zone. 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.
(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 as of August 1, 2004 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 vard: A landscaped area provided to separate and significantly obstruct the view of two
adjacent land uses or properties from one another.
Canopv 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 root/ball 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 natural 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 landscapinf!: 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 of less than 10 feet.
Street vard:
(1) 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 or 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 corners of the building, parallel with the fronting street, until
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Page 36-99
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Grand Island City Code, 2002 Edition
intersecting with the side property line [see Attachment B hereto]. 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 ono feet and a minimum caliper of2 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.
(2) Minimum equivalent street landscaping area:
(Minimum Equivalent Street Landscaping Area
Zoning District Percent of Street Yard Minimum Landscaping Depth
(%) of Street Yard*** (ft.)
R3 65 20
R4 60 10
RO 30 10
Bl 25 10
B2 20* 10*
AC 20 20*
B3 20 10*
ME 20 20
MI 20 20
M2 20 10
M3 20 10
TD 30 30
CD ** 30
RD ** 10 or 30
*Unless otherwise established in an approved Streetscape Improvement Project.
** As determined by approved plan
*** 30 feet for lots in RO, Bl, B2, AC, B3, CD, TD, ME, Ml, M2 and M3 zone adjacent to state or federal
highway.
(F)
(3) 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.
(4) 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: 1 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.
Buffer Yard and Parking Landscaping Screening Standards:
Page 36-100
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Chapter 36 D Zoning
(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
(ft.)*
RO, B1, B2, AC, B3, CD, TD 10 TA, LLR, R1, R2, R3, R4, RD
ME, Ml, M2, M3 20 TA, LLR, R1, R2, R3, R4, RO,
gp?gP.,IP?~},~??~??~g?.~}
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 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.
(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.
(0) 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.
(H) 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
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Grand Island City Code, 2002 Edition
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.
~36-103. Wind Energy Systems
In any zoning district, a conditional use permit may be granted to allow wind energy conversion system,
including such devices as wind charger, windmill, or wind turbine; subject to the following conditions:
(A) The distance from any tower support base to any tower support base of another wind energy
device under other ownership shall be a minimum of five (5) rotor distances figured by the size of the
largest rotor.
(B) The wind energy system operation shall not cause interference to the radio and television
reception on adjoining property.
(C) To limit climbing access to the tower, a fence six (6) feet high with a locking portal shall be
placed around the tower base or the tower climbing apparatus shall be limited to no more than twelve
feet from the ground, or the tower may be mounted on a roof top.
(D) The setback distances from all lot lines to any tower support base shall be determined according
to the following setback table:
Page 36-102
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Chapter 36 a Zoning
SETBACK TABLE
Rotor Diameter
Setback Distance
Minimum Lot Area 1
I
5 feet 100 feet 1.0 Acre
10 feet 165 feet 2.5 Acres
15 feet 220 feet 4.5 Acres
20 feet 270 feet 6.75 Acres
25 feet 310 feet 9.0 Acres
30 feet 340 feet 10.75 Acres
35 feet or larger 365 feet 12.25 Acres
lWhere there are several towers under single ownership the minimum lot areas may be
adjusted down provided the minimum setback distances are met on all perimeter units. In
addition, the landing areas for all internal towers and rotors shall be within the property
owned by the operator.
(E) Data pertaining to the machine's turbine safety and stability shall be filed with the application.
Such data shall include turbine safety and acceptance results from tests conducted by a qualified
individual or organization based upon standards set by the U.S. Department of Energy (DOE), Electric
Power Research Institute (EPRI) Utility Wind Turbine Verification Program. (U.S. Department of
Energy - EPRI Wind Turbine Verification Program. Electric Power Research Institute - 3412 Hillview
Avenue, Palo Alto, California 94304.)
(F) The application shall provide covenants, easements, or similar documentation from the abutting
owners providing access to wind sufficient for its adequate operation, unless adequate accessibility to
the wind is provided on the site.
~36-104. Vehicle Sales and Rental Businesses in Existence on December 15, 2002; Minimum
Improvements Requirement
All businesses engaged in automotive/truck/recreational vehicle sales and/or rentals on or after
December 15,2002 shall have the following minimum improvements and equipment:
(A) All areas on which vehicles are displayed and offered for sale and/or rental shall be provided
with a permanent type, dust-free surface such as asphaltic cement concrete, Portland cement concrete, or
paving brick. The Grand Island City Council may, upon application for and approval of a conditional use
permit, waive this requirement for businesses that were operating at the same location prior to March 9,
1999.
(B) Any business engaged in vehicle sales and/or rentals shall have a principal building which
complies with the Grand Island City Code and all applicable building, electrical, plumbing and fire codes.
(C) Any business engaged in vehicle sales and/or rentals shall have space within the principal
building or an accessory building for storage of all vehicle parts, new or used. All such parts must be stored
within said space.
(D) All hazardous materials, regulated waste and used vehicle fluids shall be stored and disposed
of in accordance with state and federal laws and the rules and regulations of the U.S. Environmental
Protection Agency and the Nebraska Department of Environmental Quality. Tank storage of fluids and
wastes must be situated within a suitable overflow enclosure.
~36-105. Vehicle Sales and Rental Businesses; New Businesses and Businesses Relocating or
Expanding; Minimum Improvement Requirements
Beginning December 15, 2002, all new, relocating or expanding businesses engaged in
automotive/truck/recreational vehicle sales and/or rentals shall have the following minimum improvements
and equipment:
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Grand Island City Code, 2002 Edition
(A) All areas on which vehicles are displayed and offered for sale and/or rental shall be provided
with a permanent type, dust-free surface such as asphaltic cement concrete, Portland cement concrete, or
paving brick.
(B) Any business engaged in vehicle sales and/or rentals shall have a principal building which
complies with the Grand Island City Code and all applicable building, electrical, plumbing and fire codes.
(C) Any business engaged in vehicle sales and/or rentals shall have space within the principal
building or an accessory building for storage of all vehicle parts, new or used. All such parts must be stored
within said space.
(D) All hazardous materials, regulated waste and used vehicle fluids shall be stored and disposed
of in accordance with state and federal laws and the rules and regulations of the U.S. Environmental
Protection Agency and the Nebraska Department of Environmental Quality. Tank storage of fluids and
wastes must be situated within a suitable overflow enclosure.
(E) Any business engaged in vehicle sales and/or rentals shall comply with the Grand Island City
Code landscaping and screening regulations and minimum off-street parking and loading space
requirements prior to commencing operations.
~36-106. Conditional Uses; Salvage Yards
All salvage yards shall be subject to the following conditions as part of their permitted conditional
use:
(A) In addition to the information required pursuant to 936-88, an application for a conditional use
for a salvage yard shall include a site plan for the premises showing the layout of the proposed operation,
building and infrastructure locations, property dimensions, drainage and landscaping.
(B) All structures located or constructed on the salvage yard premises shall comply with the Grand
Island City Code and all applicable building, electrical, plumbing and fire codes.
(C) All hazardous materials and regulated waste shall be received, stored, and disposed of in
accordance with state and federal laws and the rules and regulations of the u.s. Environmental Protection
Agency and the Nebraska Department of Environmental Quality.
(D) All operations of a salvage yard, including those which are ancillary and indirectly related to
the salvage yard such as administration, parking, equipment and/or container storage shall be conducted on
the premises subject to the permitted conditional use.
(E) All premises on a salvage yard shall be kept and maintained in a clean and orderly manner,
using the best practices of the industry, with no loose garbage, litter, refuse or waste materials on the
premises except those kept in short term storage for processing. The persons operating the salvage yard
shall on a regular and routine basis inspect all areas adjacent to the salvage yard and clean up any materials
which originated from the salvage yard.
~36-1 07. Reserved
~36-108. Reserved
~36-109. Reserved
~36-110. Reserved
~36-111. Reserved
~36-112. Reserved
~36-113. Reserved
~36-114. Reserved
~36-115. Reserved
~36-116. Reserved
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Chapter 36 a Zoning
Article VIII. Flood Plain Regulations
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~36-117. Statutory Authorization, Findings of Fact and Purposes
(A) Statutory Authorization. The Legislature of the State of Nebraska has delegated the
responsibility to local governmental units to adopt zoning regulations designed to protect the public health,
safety and general welfare. The Legislature of the State of Nebraska has in Sections 31-1001 to 31-1022,
R.R.S. 1943 assigned the responsibility to local governmental units to adopt floodplain management
regulations designed to protect the public health, safety and general welfare.
(B) Findings of Fact
(1) Flood Losses Resulting From Periodic Inundation. The flood hazard areas of Grand
Island, Nebraska, are subject to inundation which results in loss of life and property, health and
safety hazards, disruption of commerce and governmental services, extraordinary public
expenditures for flood protection and relief, and impairment of the tax base all of which adversely
affect the public health, safety and general welfare.
(2) General Causes of the Flood Losses. These flood losses are caused by: (a) The
cumulative effect of obstructions in floodplains causing increases in flood heights and velocities,
(b) The occupancy of flood hazard areas by uses vulnerable to floods or hazardous to others,
which are inadequately elevated or otherwise unprotected from flood damages.
(3)Methods Used to Analyze Flood Hazards. This Article uses a reasonable method of
analyzing flood hazards which consists of a series of interrelated steps.
(a) 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 base flood is selected
for this Article. It is representative of large floods which are reasonably characteristic of
what can be expected to occur on the particular streams subject to this Article. 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 on the Federal Insurance Administration's
Flood Insurance Study, and illustrative materials dated March 2, 1983 as amended, and
any future revisions thereto.
(b) Calculation of water surface profiles based on a hydraulic engineering
analysis of the capacity of the stream channel and overbank areas to convey the base
flood.
(c) Computation of the floodway required to convey this flood without
increasing flood heights more than 1 foot at any point.
(d) Delineation of floodway encroachment lines within which no obstruction is
permitted which would cause any water surface increase along the floodway profile.
(e) Delineation of floodway fringe, i.e., that area outside the floodway
encroachment lines, but which still is subject to inundation by the base flood.
(C) Statement of Purpose. It is the purpose of this Article to promote the public health, safety, and
general welfare and to minimize those losses described in S36-117(B)(1) herein by applying the provisions
of this Article to:
(1) Restrict or prohibit uses, which are dangerous to health, safety, or property in times of
flooding or cause undue increases in flood heights or velocities.
(2) Require that uses vulnerable to floods, including public facilities, which serve such
uses, be provided with flood protection at the time of initial construction.
(3) Protect individuals from buying lands, which are unsuited for intended purposes
because of flood hazard.
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(4) Assure that eligibility is maintained for property owners III the community to
purchase flood insurance in the National Flood Insurance Program.
~36-118. General Provisions
(A) Lands to which Article applies. This Article shall apply to all lands within the jurisdiction of
the City of Grand Island identified on the Flood Insurance Rate Map (FIRM) dated March 2, 1983, and any
revisions thereto, as numbered and unnumbered A Zones (including AE, AO and AH Zones) and within the
Zoning Districts FW and FF established in ~36-120 of this chapter. In all areas covered by this Article, no
development shall be permitted except upon the issuance of a floodplain permit to develop, granted by the
City Councilor its duly designated representative under such safeguards and restrictions as the City
Councilor the designated representative may reasonably impose for the promotion and maintenance of the
general welfare, health of the inhabitants of the community and where specifically noted in ~36-121, 36-
122, and 36-123 herein.
(B) The enforcement officer. The Building Director and/or Planning Director of the community, or
their designee is hereby designated as the community's duly designated Enforcement Officer under this
Article.
(C) Rules for interpretation of district boundaries. The boundaries of the floodway and flood
fringe overlay districts shall be determined by scaling distances on the Official Zoning Map or on the Flood
Insurance Rate Map or Floodway Map. Where interpretation is needed to the exact location of the
boundaries of the districts as shown on the Official Zoning Map, as for example where there appears to be a
conflict between a mapped boundary and actual field conditions, the Enforcement Officer shall make the
necessary interpretation. In such cases where the interpretation is contested, the Board of Adjustment will
resolve the dispute. The regulatory flood elevation for the point in question shall be the governing factor in
locating the district boundary on the land. The person contesting the location of the district boundary shall
be given a reasonable opportunity to present his case to the Board of Adjustment and to submit his own
technical evidence, if he so desires.
(D) Compliance. Within identified special flood hazard areas of this community, no development
shall be located, extended, converted or structurally altered without full compliance with the tenus of this
Article and other applicable regulations.
(E) Abrogation and Greater Restrictions. It is not intended by this Article to repeal, abrogate or
impair any existent easements, covenants, or deed restrictions. However, where this Article imposes
greater restrictions, the provision of this Article shall prevail. All other sections inconsistent with this
Article are hereby repealed to the extent of the inconsistency only.
(F) Interpretation. In their interpretation and application, the provisions of this Article shall be held to
be minimum requirements and shall be liberally construed in favor of the governing body and shall not be
deemed a limitation or repeal of any other powers granted by state statutes.
(G) Warning and Disclaimer of Liability. The degree of flood protection required by this Article is
considered reasonable for regulatory purposes and is based on engineering and scientific methods of study.
Larger floods may occur on rare occasions or the flood height may be increased by man-made or natural
causes, such as ice jams and bridge openings restricted by debris. This Article does not imply that areas outside
floodway and flood fringe district boundaries or land uses pennitted within such districts will be free from
flooding or flood damage. This Article shall not create liability on the part of the city or any officer or employee
thereof for any flood damages that may result from reliance on this Article or any administrative decision
lawfully made thereunder.
(H) Severability. If any section, clause, provision or portion of this Article is adjudged
unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Article shall not be
affected thereby.
Page 36-106
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Chapter 36 D Zoning
(I) Appeal. Where a request for a permit to develop or a variance is denied by the Building Director
and/or Planning Director, the applicant may apply for such permit or variance directly to the Board of
Adjustment.
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~36-119. Development Permit
(A) Permit Required. No person, fIrm or corporation shall initiate any floodplain development or
substantial improvement or cause the same to be done without fIrst obtaining a separate permit for
development.
(B) Administration
(1) The Building Director and/or Planning Director or their designee, is hereby appointed
to administer and implement the provisions of this Article.
(2) Duties of the Building Director and/or Planning Director shall include, but not be
limited to:
( a) Review all development permit applications to assure that the permit
requirements of this Article have been satisfIed.
(b) Require verifIcation, record and maintain record of the actual elevation (in
relation to mean sea level) of the lowest floor (including basement) of all new or
substantially improved structures in special flood hazard areas.
(c) Require verifIcation, record and maintain record of the actual elevation (in
relation to mean sea level) to which new or substantially improved structures have been
floodproofed.
(d) When floodproofmg is utilized for a particular structure the Building Director
and/or Planning Director shall be presented certifIcation from a registered professional
engineer as to the floodproof design.
(e) Application for Permit. To obtain a floodplain development permit, the applicant shall fIrst fIle an
application in writing on a form furnished for that purpose. Every such application shall:
(1) Identify and describe the development to be covered by the floodplain development
permit.
(2) Describe the land on which the proposed development is to be done by lot, block, tract
and house and street address, or similar description that will readily identify and defmitely locate the
proposed building or development.
(3) Indicate the use or occupancy for which the proposed development 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 Building Director
and/or Planning Director.
~36-120. Establishment of Zoning Districts
Along watercourses where a floodway has been established, the mapped floodplain areas are
hereby divided into the two following overlay districts: A floodway overlay district (FW) and a flood
fringe overlay district (FF) as identified in the Flood Insurance Study [and accompanying map(s)]. Within
these districts all new uses not meeting the standards of this Article and those standards of the underlying
zoning district shall be prohibited.
~36-121. Standards for Floodplain Development
(A) No permit for development shall be granted for new construction, substantial improvements and
other development( s) including the placement of manufactured homes within all numbered and unnumbered A
zones (including AE, AO, and AH zones) unless the conditions of this Section are satisfIed.
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(B) All areas identified as wmumbered A zones on the FIRM are subject to inundation of the base
flood; however, the water surface elevation was not provided. The wmumbered A zones shall be subject to all
development provisions of this chapter. If Flood Insurance Study data is not available, the community shall
utilize any base flood elevation or floodplain data currently available from Federal, State or other sources.
(C) Until a floodway has been designated, no development or substantial improvement may be
permitted within special flood hazard areas unless the applicant has demonstrated that the proposed
development or substantial improvement, when combined with all other existing and reasonably anticipated
developments or substantial improvements, will not increase the water surface elevation of the base flood more
than one (1) foot at any location as shown on the Flood Insurance Study.
(D) New construction, subdivision proposals, substantial improvements, prefabricated buildings,
placement of manufactured homes and other developments shall require:
(1) Design or anchorage to prevent flotation, collapse or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
(2) New or replacement water supply systems and/or sanitary sewage systems be designed to
minimize or eliminate infiltration of flood waters into the systems and discharges from the systems
into flood waters, and on-site waste disposal systems be located so as to avoid impairment or
contamination.
(3) Construction with materials resistant to flood damage, utilizing methods and practices
that minimize flood damages, and with electrical, heating, ventilation, plumbing, and air conditioning
equipment and other service facilities that are designed and/or located so as to prevent water from
entering or accumulating within the components during conditions of flooding.
(4) All utility and sanitary facilities be elevated or flood-proofed up to the regulatory flood
protection elevation.
(E) Storage of Material and Equipment
(1) The storage or processing of materials that are in time of flooding buoyant, flammable,
explosive, or could be injurious to human, animal or plant life is prohibited.
(2) Storage of other material or equipment may be allowed if not subject to major damage by
floods and firmly anchored to prevent flotation or if readily removable from the area within the time
available after flood warning.
(F) Subdivision proposals and other proposed new development, including manufactured home parks
or subdivisions, 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 and constructed to minimize or eliminate flood damage, (c) adequate drainage is provided so as to
reduce exposure to flood hazards, and (d) proposals for development (including proposals for manufactured
home parks and subdivision) of five acres or fifty lots, whichever is lesser, include within such proposals the
base flood elevation.
~36-122. Flood Fringe Overlay District - Including AO and AH Zones
(A) Permitted Uses. Any use permitted in 936-123 shall be permitted in the Flood Fringe Overlay
District. No use shall be permitted in the overlay district unless the standards of 936-121 are met.
(B) Standards for the Flood Fringe Overlay District.
(1) Require new construction or substantial improvements of residential structures to
have the lowest floor, including basement, elevated to or above one foot above the base flood
elevation. Uninhabited garage floors shall be at or above the base flood elevation.
(2) Require new construction or substantial improvements of non-residential structures to
have the lowest floor, including basement, elevated to or above one foot above the base flood
elevation, or together with attendant utility and sanitary facilities, to be floodproofed so that below
that level the structure is watertight with walls substantially impermeable to the passage of water
and with structural components having the capability of resisting hydrostatic and hydrodynamic
Page 36-108
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loads and effects of buoyancy. A registered professional engineer shall certify that the design
standards of this section are satisfied. Such certification shall be provided to the Building Director
and/or Planning Director as set forth in 936-119.
(3) Require for all new construction and substantial improvements that fully enclosed
areas below the lowest floor that are usable solely for parking of vehicles, building access or
storage in an area other than a basement and which are subject to flooding shall be designed to
automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit
of floodwaters. Designs for meeting this requirement must either be certified by a registered
professional engineer or meet or exceed the following minimum criteria: A minimum of two
openings having a total net area of not less than one square inch for every square foot of enclosed
area subject to flooding shall be provided. The bottom of all openings shall be not higher than one
foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or
devices provided that they permit the automatic entry and exit of floodwaters.
(4) Within AH zones, adequate drainage paths around structures on slopes shall be
required in order to guide floodwaters around and away from proposed structures.
(5) Manufacturing
(a) All manufactured homes shall be anchored to resist floatation, collapse, or lateral
movement. Manufactured homes must be anchored in accordance with local building
codes or FEMA guidelines. In the event that over-the-top frame ties to ground anchors
are used, the following specific requirements (or their equivalent) shall be met:
(i) Over-the-top ties be provided at each of the four comers of the manufactured
home, with two additional ties per side at intermediate locations and manufactured
homes less than 50 feet long requiring one additional tie per side.
(ii) Frame ties be provided at each comer of the home with five additional ties per
side at intermediate points and manufactured homes less than 50 feet long requiring
four additional ties per side.
(iii) All components of the anchoring system be capable of carrying a force of
4,800 pounds
(iv) Any additions to the manufactured home be similarly anchored.
(b) Require that all manufactured homes to be placed or substantially improved within
special flood hazard areas on the community's FIRM on sites:
(i) Outside of a manufactured home park or subdivision
(ii) In a new manufactured home park or subdivision
(iii) In an expansion to an existing manufactured home park or subdivision, or
(iv) In an existing manufactured home park or subdivision on which a
manufactured home has incurred "substantial damage" as the result of a flood, be
elevated such that the lowest floor of the manufactured home is at 0 above one foot
above the base flood elevation; and be securely anchored to an adequately anchored
foundation system in accordance with the provisions of this section.
( c) Require that manufactured homes to be placed or substantially improved on sites in
an existing manufactured home park or subdivision within special flood hazard areas on
the community's FIRM that are not subject to the provisions of this section be elevated so
that either:
(i) The lowest floor of the manufactured home is at or above one foot above the
base flood elevation, or
(ii) The manufactured home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no less than 36 inches in
height above grade; and be securely anchored to an adequately anchored foundation
system in accordance with provisions of this section.
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(6) Recreation vehicles placed on sites within the special flood hazard areas on the
community's official map shall either (i) be on the site for fewer than 180 consecutive days, (ii) be
fully licensed and ready for highway use, or (iii) meet the permit requirements and the elevation
and anchoring requirements for "manufactured homes" of this chapter. A recreational vehicle is
ready for highway use ifit is on its wheels or jacking system, is attached to the site only by quick-
disconnect type utilities and security devices, and has no permanently attached additions.
(7) Located within the areas of special flood hazard established in S36-l18 area areas
designated as AO zones. These areas have special flood hazards associated with base flood depths
of 1 to 3 feet where a clearly defined channel does not exist and where the path of flooding is
unpredictable and indeterminate; therefore, the following provisions apply within AO zones:
(a) All new construction and substantial improvements of residential structures shall
have the lowest floor (including basement) elevated above the highest adjacent grade at
least as high as one foot above the depth number specified in feet on the community's
FIRM (at least two feet if no depth number is specified).
(b) All new construction and substantial improvements of non-residential structures
shall:
(i) Have the lowest floor elevated above the highest adjacent grade at least as high
as one foot above the depth number specified in feet on the community's FIRM (at
least two feet ifno depth number is specified), or
(ii) Together with attendant utility and sanitary facilities be completely
floodproofed to or above that level so that any space below that level is watertight
with walls substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy. Such certification shall be provided to the official as set
forth in S36-l19.
(c) Adequate drainage paths around structures on slopes shall be required in order to
guide floodwaters around and away from proposed structures.
~36-123. Floodway Overlay District
(A) Permitted Uses. Only uses having a low flood-damage potential and not obstructing flood flows
shall be permitted within the Floodway District to the extent that they are not prohibited by any other section.
The following are recommended uses for the Floodway District:
(1) Agricultural uses such as general farming, pasture, nurseries, forestry.
(2) Residential uses such as lawns, gardens, parking and play areas.
(3) Non-residential areas 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.
(B) New structures for human habitation are prohibited. All encroachments, including fill, new
construction, substantial improvements and other development must be prohibited unless certification by a
registered professional engineer or architect is provided demonstrating that the development shall not result in
any increase in water surface elevations along the floodway profile during occurrence of the base flood
discharge. These uses are subject to the standards of S36-121 and S36-l22.
~36-124. Variance Procedures
(A) The Board of Adjustment as established by the City of Grand Island shall hear and decide
appeals and requests for variances from the requirements of this Article.
(B) The Board of Adjustment shall hear and decide when it is alleged that there is an error in any
requirement, decision, or determination made by the Building Director and/or Planning Director in the
enforcement or administration of this Article.
Page 36-110
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(C) Any person aggrieved by the decision of the Board of Adjustment or any taxpayer may appeal
such decision to the District Court as provided in state law.
(D) In passing upon such applications, the Board of Adjustment shall consider all technical
evaluation, all relevant factors, standards specified in other sections of this chapter; and
(1) The danger that materials may be swept onto other lands to the injury of others;
(2) The danger to life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed facility and its contents to flood damage and the effect of
such damage on the individual owner;
(4) The importance of the services provided by the proposed facility to the community;
(5) The necessity to the facility of a waterfront location, where applicable;
(6) The availability of alternative locations, not subject to flooding or erosion damage, for the
proposed use;
(7) The compatibility of the proposed use with existing and anticipated development;
(8) The relationship of the proposed use to the comprehensive plan and floodplain management
program for that area;
(9) The safety of access to the property in times of flood for ordinary and emergency vehicles;
(10) The expected heights, velocity, duration, rate of rise and sediment transport of the
floodwaters and the effects of wave action, if applicable, expected at the site; and
(11) The costs of providing governmental services during and after flood conditions including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water
systems, and streets and bridges.
(E) Conditions for Variances
(1) Generally, 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, providing items 8.52-8.56 below) have
been fully considered. As the lot size increases beyond the one-half acre, the technical justification
required for issuing the variance increases.
(2) Variances may be issued for the repair or rehabilitation of historic structures upon a
determination that the proposed repair or rehabilitation will not preclude the structure's continued
designation as a historic structure and the variance is the minimum necessary to preserve the
historic character and design of the structure.
(3) Variances shall not be issued within any designated floodway if any increase in flood levels
along the floodway profile during the base flood discharge would result.
(4) Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
(5) Variances shall only be issued upon (i) a showing of good and sufficient cause, (ii) a
determination that failure to grant the variance would result in exceptional hardship to the
applicant, and (iii) 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 existing local laws.
(6) The applicant shall be given a written notice over the signature of a community official 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 as high as $25.00 for $100.00 of
insurance coverage, and such construction below the base flood level increases risks to life and
property. Such notification shall be maintained with the record of all variance actions as required
by this Article.
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~36-125. Nonconforming Uses
(A) A structure or the use of a structure or premises as of August 1, 2004 or amendment of the chapter,
but which is not in conformity with the provisions of this Article may be continued subject to the following
conditions:
(1) If such use is discontinued for 12 consecutive months, any future use of the building premises
shall conform to this Article.
(2) Uses or adjuncts thereof that are or become nuisances shall not be entitled to continue as
nonconforming uses.
(B) If any nonconforming use or structure is destroyed by any means, including flood, it shall not be
reconstructed if the cost is more than 50 percent of the market value of the structure before the damage
occurred except that if it is reconstructed in conformity with the provisions of this Article. This limitation does
not include the cost of any alteration to comply with existing state or local health, sanitary, building, or safety
codes or regulations or the cost of any alteration of a structure listed on the National Register of Historic Places
or a State Inventory of Historic Places, provided that the alteration shall not preclude its continued designation.
~36-126. Penalties for Violation
Violation of the provisions of this Article or failure to comply with any of its requirements (including
violations of conditions and safeguards established in connection with grants of variances or special exceptions)
shall constitute a misdemeanor. Any person who violates this Article or fails to comply with any of its
requirements shall upon conviction thereof be fmed not more than $100.00, and in addition, shall pay all costs
and expenses involved in the case. Each day such violation continues shall be considered a separate offense.
Nothing herein contained shall prevent the city or other appropriate authority from taking such other
lawful action is as necessary to prevent or remedy any violation.
~36-127. Amendments
The regulations, restrictions, and boundaries set forth in this Article may from time to time be
amended, supplemented, changed, or appealed to reflect any and all changes in the National Flood Disaster
Protection Act of 1973, provided, however, that no such action may be taken until after a public hearing in
relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. Notice of the
time and place of such hearing shall be published in a newspaper of general circulation in the city. At least 10
days shall elapse between the date of this publication and the public hearing. A copy of such amendments will
be provided to the Federal Emergency Management Agency. These regulations are in compliance with the
National Flood Insurance Program Regulations as published in Title 44 of the Code of Federal Regulations and
the 1983 Nebraska Flood Plain Management Act.
~36-128. Definitions
Unless specifically defmed below, words or phrases used in this chapter shall be interpreted so as to
give them the meaning they have in common usage and to give this Article its most reasonable application:
Appeal means a request for a review of the Building Director and/or Planning Director interpretation
of any provision of this Article or a request for a variance.
Area of Shallow Flooding means a designated AO or AH zone on a community's Flood Insurance
Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three
feet where a clearly defmed channel is unpredictable and where velocity flow may be evident. Such flooding is
characterized by ponding or sheet flow.
Base Flood means the flood having one percent chance of being equalled or exceeded in any given
year.
Basement means any area ofthe building having its floor sub grade (below ground level) on all sides.
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Development means any man-made 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 or storage of equipment or materials.
Existing Construction means (for the purposes of determining rates) structures for which the "start of
construction" commenced before the effective date of the FIRM or before January 1,1975, for FIRM's effective
before that date. "Existing construction" may also be referred to as "existing structures."
Existing Manufactured Home Park or Subdivision means a manufactured home park or subdivision
for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed
(including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or
the pouring of concrete pads) is complete before August 26, 1974.
Flood or Flooding means a general and temporary condition of partial or complete inundation of
normally dry land areas from:
(A) The overflow of inland or tidal waters.
(B) The usual and rapid accumulation of runoff of surface waters from any source.
Flood Fringe is that area of the floodplain, 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 anyone year).
Flood Insurance Rate Map (FIRM) means an official map of a community, on which the Flood
Insurance Study has delineated the Flood Hazard Boundaries and the zones establishing insurance rates
applicable to the community.
Flood Insurance Study is the official report provided by the Federal Emergency Management Agency.
The report contains flood profiles, as well as the Flood Boundary Floodway Map and the water surface
elevation of the base flood.
Floodplain means any land area susceptible to being inundated by water from any source (see
definition of "flooding").
Floodway or Regulatory Floodway means the channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than one foot.
Freeboard means a factor of safety usually expressed in feet above a flood level for purposes of
floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute
to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as
wave action, clogged bridge openings, and the hydrological effect of urbanization of the watershed.
Highest Adiacent Grade means the highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
Historic Structure means any structure that is: (a) Listed individually in the National Register of
Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the
Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b)
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical
significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a
registered historic district; (c) Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of the Interior; or (d) Individually listed on a
local inventory of historic places in communities with historic preservation programs that have been certified
either: (1) By an approved state program as determined by the Secretary of the Interior or (2) Directly by the
Secretary of the Interior in states without approved programs.
Lowest floor means 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 ofthe applicable non-elevation design requirements ofthis chapter.
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Grand Island City Code, 2002 Edition
Manufactured Home means a structure, transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent foundation when attached to the
required utilities. The term "manufactured home" does not include a "recreational vehicle".
Manufactured Home Park or Subdivision means a parcel (or contiguous parcels) of land divided into
two or more manufactured home lots for rent or sale.
New Construction. For floodplain management purposes, "new construction" means structures for
which the "start of construction commenced on or after August 26, 1974.
Overlay District is a district in which additional requirements act in conjunction with the underlying
zoning district. The underlying zoning district designation does not change.
Principally Above Ground means that at least 51 percent of the actual cash value of the structure is
above ground.
Recreational Vehicle means a vehicle which is (i) built on a single chassis; (ii) 400 square feet or less
when measured at the largest horizontal projections; (iii) desigued to be self-propelled or permanently towable
by a light duty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
Special Flood Hazard Area is the land in the floodplain within a community subject to one percent or
greater chance of flooding in any given year.
Start of Construction [for other than new construction or substantial improvements under the coastal
Barrier Resources Act (Pub. L. 97-348)] includes substantial improvement, and means the date the building
permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days of the permit date. The actual start means 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 the installation of streets and/or walkways; 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. For a substantial improvement, the actual start of construction
means the fIrst alteration of any wall, ceiling, floor, or other structural part of a building, whether or not the
alteration affects the external dimensions of the building.
Structure means a walled and roofed building that is principally above ground, as well as a
manufactured home, and a gas or liquid storage tank that is principally above ground.
Substantial Damage means 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 percent of the market value of
the structure before the damage occurred.
Substantial Improvement means any reconstruction, rehabilitation, addition, or other improvement of
a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of
construction" of the improvement. This 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 the local code enforcement offIcial and which are the minimum
necessary to assure safe living conditions, or (2) any alteration of a "historic structure," provided that the
alteration will not preclude the structure's continued designation as a "historic structure."
Variances is a grant of relief to a person from the requirements of this Article which permits
construction in a manner otherwise prohibited by this Article where specifIc enforcement would result in
unnecessary hardship.
~36-129. Reserved
~36-130. Reserved
Page 36-114
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Chapter 36 a Zoning
~36-131. Reserved
~36-132. Reserved
~36-133. Reserved
Article IX. Board of Adjustment
~36-134. 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.
36-135. 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.
I
~36-136. Rules
The board of adjustment shall adopt rules necessary for the conduct of its affairs and in keeping
with the provisions of this chapter.
~36-137. 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.
~36-138. 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.
~36-139. 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.
I
~36-140. 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.
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~36-141. 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.
~36-142. 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:
(A) 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.
(B) 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.
(C) 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 chapter 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:
(1) The strict application of the zoning regulations would produce undue hardship;
(2) Such hardship is not shared generally by other properties in the same zoning district
and the same vicinity;
(3) 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
(4) 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.
~36-143. 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.
Page 36-116
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Chapter 36 a Zoning
~36-144. Appeals to District Court
Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment
may appeal as provided by Section 19-912, Reissue Revised Statutes of 1943 (in full).
~36-145. Reserved
~36-146. Reserved
~36-147. Reserved
~36-148. Reserved
~36-149. Reserved
Article X. Amendments, Enforcement, Permits, and Penalties
I
~36-150. 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.
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 in the City of Grand Island Fee
Schedule, which shall not be refundable.
I
~36-151. 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
Page 36-117
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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 commission.
~36-152. Amendment; Protest; Limitation
In case of a protest against such zoning district 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.
~36-153. Hall County Regional Planning Director and Building Department
The provisions of this chapter shall be administered and enforced by the Hall County Regional
Planning Director and Building Department, who shall have the power to make inspection of buildings or
premises necessary to carry out his or her duties in the enforcement of this chapter.
~36-154. Building Permits
The following shall apply to all new construction and all applicable renovations and remodels
within Grand Island's Zoning Jurisdiction:
(A) It shall be unlawful to commence the excavation for the construction of any building, or any
accessory buildings, or to commence the moving or alteration of any buildings, including accessory
buildings, until the Building Department has issued a building permit for such work.
(B) Issuance of a building permit. In applying to the Building Department for a building permit,
the applicant shall submit a dimensioned sketch or a scale plan indicating the shape, size and height and
location of all buildings to be erected, altered or moved and of any building already on the lot. He shall
also state the existing and intended use of all such buildings, and supply such other information as may be
required by the Building Department for determining whether the provisions of this chapter are being
observed. If the proposed excavation or construction as set forth in the application are in conformity with
the provisions of this code, the Building Department shall issue a building permit for such excavation or
construction. If a building permit is refused, the Building Department shall state such refusal in writing,
with the cause, and shall immediately thereupon mail notice of such refusal to the applicant at the address
indicated upon the application. The Building Department shall grant or deny the permit within a reasonable
time from the date the application is submitted. The issuance of a permit shall, in no case, be construed as
waiving any provisions of this chapter. A building or zoning permit shall become void twelve (12) months
from the date of issuance unless substantial progress has been made by that date on the project described
therein.
~36-155. Certificate of Occupancy; 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.
~36-156. Certificate of Occupancy; 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
Page 36-118
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Chapter 36 a Zoning
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.
~36-157. Certificate of Occupancy; 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.
~36-158. Certificate of Occupancy; Nonconforming Use
Certificate of occupancy for a nonconforming use existing as of August 1, 2004, 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.
~36-159. Certificate of Occupancy; 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.
I
~36-160. Certificate of Occupancy; 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.
~36-161. Penalties
Pursuant to Section 19-913, Reissue Revised Statutes of 1943 (in full), the owner or agent of a
building or premises in or upon which a violation of any provisions of this chapter has been committed or
shall exist or lessee or tenant of an entire building or entire premises in or upon which violation has been
committed or shall exist, or the agent, architect, building contractor or any other person who commits, takes
part or assists in any violation or who maintains any building or premises in or upon which such violation
shall exist, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed one hundred
dollars ($100) for anyone (1) offense. Each day of non-compliance with the terms of this chapter shall
constitute a separate offense.
Nothing herein contained shall prevent the City from taking such other lawful action as is
necessary to prevent or remedy any violation. However, nothing shall deprive the citizen of his or her
rights under the U.S. Constitution of a jury trial.
I
~36-162. Remedies
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted
or maintained, or any building, structure, or land is used in violation of Sections 19-901 to 19-914, Reissue
Revised Statutes of 1943 (in full), or this code, or any regulation made pursuant to said sections, the
appropriate authorities of the City may institute any appropriate action or proceedings to prevent such
unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to
restrain, correct, or abate such violation, to prevent the occupancy of said building, structure or land, or to
prevent any illegal act, conduct, business or use in or about such premises.
Page 36-119
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~36-163. Reserved
~36-164. Reserved
~36-165. Reserved
~36-166. Reserved
~36-167. Reserved
Article XI. Wireless Communication Towers
~36-168. 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.
~36-169. 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.
Avplication 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.
Conforminf! 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.
Engineer 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.
Page 36-120
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Chapter 36 D Zoning
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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, M3 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 DevelolJment 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).
~36-170. 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 ofland 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 the City of Grand Island Fee Schedule.
(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.
~36-171. 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:
(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
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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.
(0) 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.
~36-172. 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 shall 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.
~36-173. 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.
Page 36-122
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Chapter 361:1 Zoning
(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:
(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.
~36-174. Structural Standards for Towers Adopted
The Structural Standards For Steel Antenna Towers And Antenna Supporting Structures, 1991
Edition (ANSIIEIA/TIA 222-E-1991) 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.
I
~36-175. lIIumination 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.
~36-176. 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.
~36-177. 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.
I
~36-178. 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.
Page 36-123
I
I
I
Grand Island City Code, 2002 Edition
~36-179. 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.
~36-180. 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.
~36-181. Abandonment
If any tower shall cease to be used for a period of three hundred sixty-five (365) consecutive days,
the 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 g20-15 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.
~36-182. Satellite Dish Antennas, Regulation
After February 1, 1998 installation of satellite dish antennas shall be permitted within the zoning
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.
~36-183. 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.
Page 36-124
I
Chapter 36 r:J Zoning
~36-184. Reserved
~36-185. Reserved
~36-186. Reserved
~36-187. Reserved
Article XII. Comprehensive Plan Relationship
~36-188. Comprehensive Plan Relationship
This chapter is designed to implement various elements of the comprehensive plan as required by
state statutes. Any amendments to the zoning regulations or Official Zoning Map shall conform to the
comprehensive plan adopted by the governing body.
I
I
Page 36-125
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Chapter 36
Addendum "B"
I Grand Island City Code
2 (0)
1. Street yard area defined.
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STREET 6'
YARD
10'
MINIMUM
DEPTH OF
LANDSCAPING
LINE 2 (b)
I ~ CURB LINE
Building
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. 10'
The minimum depth of the street landscaping from the
front property line is ten feet. This accounts for 250 feet 2 (c)
by 10 feet or 2,500 square feet of the required street yard
landscaping. '
Therefore, an additional1,500 square feet oflandscaping
is required. Diagrams (a), (b) and (c) give examples of
how the street landscaping requirements could be
satisfied.
Building
I 16'