12/21/2004 Ordinances 8947
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ORDINANCE NO. 8947
An ordinance to amend Chapter 36 of the Grand Island City Code; to amend
Section 36-22 pertaining to side yard requirements; to amend Section 36-23 to correct a
referenced city code section number; to amend Section 36-25 to allow window wells as a
permitted obstruction; to amend Section 36-60 pertaining to the Transitional Agriculture Zone; to
amend Section 36-61 pertaining to the Large Lot Residential Zone; to amend Section 36-68
pertaining to the General Business Zone; to amend Section 36-69 pertaining to Arterial
Commercial Overlay Zone; to amend Section 36-70 pertaining to Heavy Business Zone; to
amend Section 36-72 pertaining to Light Manufacturing Zone; to amend Section 36-73
pertaining to Heavy Manufacturing Zone; to amend Section 36-74 pertaining to Mixed Use
Manufacturing Zone; to amend Section 36-97 pertaining to the Schedule of Minimum Off-Street
Parking and Loading Requirements; to amend Section 36-99 pertaining to home occupations; to
amend Section 36-100 pertaining to fences; to delete Section 36-154 pertaining to building
permits; to amend Section 36-155 pertaining to occupancy certificates; to delete Section 36-156
pertaining to Certificates of Occupancy; to amend Section 36-157 pertaining to certificates of
occupancy for land; to delete Section 36-158 pertaining to nonconforming use certificates of
occupancy; to delete Section 36-160 pertaining to occupancy certificate fees; to repeal Sections
36-22, 36-23, 36-25, 36-60, 36-61, 36-68, 36-69, 36-70, 36-72, 36-73, 36-74, 36-97, 36-99, 36-
100,36-154, 16-155,36-156,36-157,36-158, and 36-160 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.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
Approved as to Form l:l f '\ J
December 22. 2004 l:l City Attorney
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ORDINANCE NO. 8947 (Cont.)
SECTION 1. Section 36-22 of the Grand Island City Code is hereby amended to
read as follows:
~36-22. Yard Requirements
(A) Yard requirements shall be set forth under the Schedule of Lot, Yard, and Bulk Requirements for each
zoning district. Front, side and rear yards shall be provided in accordance with the regulations hereinafter indicated
and shall be unobstructed from the ground level to the sky, except as herein permitted.
(B) All accessory buildings that are attached to principal buildings (e.g., attached garages) shall comply
with the yard requirements of the principal building, 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.
(D) Side Yard: Any interior side yard may be reduced to zero; provided, that the opposite side yard meets
the required interior side yard setback. Where the zero side yard setback is used, the abutting property must be held
under the same ownership at the time of initial construction or the owners of the abutting property must be agreeable
to the zero setback. A separation of not less than ten (10) feet shall be provided between adjacent structures on
abutting sites where the zero side yard setback is utilized. This requirement shall not apply in an RD Zone or where
the same interior property line is utilized for zero side yard construction on both properties.
For the purpose of upkeep and repair of structures located on an interior property line, a four (4) foot
maintenance easement shall be recorded between the owner of the property containing said structure and the owner
of the property upon which entry must take place in order to perform maintenance activities. Such easement shall be
an irrevocable covenant and shall run with the land. Proof of said recorded easement shall be submitted to the
Building Department prior to issuance of a building permit.
SECTION 2. Section 36-23 of the Grand Island City Code is hereby amended to
read as follows:
~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 936-23(A), 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.
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ORDINANCE NO. 8947 (Cont.)
SECTION 3. Section 36-25 of the Grand Island City Code is hereby amended to
read as follows:
~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 access to a lot from a street
or alley; chimneys and window wells 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.
SECTION 4. Section 36-60 of the Grand Island City Code is hereby amended to
read as follows:
~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 936-8 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 masonry barrier on all sides. Buildings shall be of such exterior design as to
harmonize with nearby properties. Installation shall not be subject to minimum area or width regulations.
(7) Railway right-of-way, but not including railway yards or facilities
(8) The raising of livestock up to 300 animals as defined in 95-18 of the city 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 (T A) 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
(5) Recreational Vehicle Parks
(6) Preschools, nursery schools, day care centers, children's homes, and similar facilities
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ORDINANCE NO. 8947 (Cont.)
(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) Guest building
(2) Customary home occupations
(3) Buildings, corrals, stables or pens in conjunction with the permitted uses
(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 and uses accessory to the permitted principal uses
(D) Space Limitations:
Uses Minimum Setbacks I
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 lOa 30 25 15 20 20% 35'
Conditional 20 100 30 25 15 20 20% 35'
Uses
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for structures mtended for human occupancy, all others no restrIctIOns.
(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:
Setbacks
Min Lot Min. Lot Front Rear I 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% 351
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for structures mtended for human occupancy, all others no restrIctIOns.
SECTION 5. Section 36-61 of the Grand Island City Code is hereby amended to
read as follows:
~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
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ORDINANCE NO. 8947 (Cont.)
(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.
(1) 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 Accessory Uses:
(1) Guest building
(2) Customary home occupations
(3) Buildings for the display and sale of products grown or raised on the premises, provided, the floor area does
not exceed 500 square feet
(4) Offices incidental to and necessary for a permitted use
(5) 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 20,000 20,000 100 30 25 15 20 25% 35
Conditional 20,000 20,000 100 30 25 15 20 25% 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
SECTION 6. Section 36-68 of the Grand Island City Code is hereby amended to
read as follows:
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ORDINANCE NO. 8947 (Cont.)
~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 connnunity. This zoning district will contain uses that have users and traffic from all areas of the connnunity
and trade areas, and therefore 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 premises
(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 of religious 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 masonry 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
(15) Nonprofit connnunity 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 Accessorv Uses:
(1) Building and uses accessory to the permitted principal use.
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ORDINANCE NO. 8947 (Cont.)
(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
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No rear yard setback IS reqmred IfboUllded by an alley, otherWIse a setback of 10 feet IS reqmred.
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.
SECTION 7. Section 36-69 of the Grand Island City Code is hereby amended to
read as follows:
~36-69. (Ae) 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
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ORDINANCE NO. 8947 (Cont.)
(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 premises
(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 (AC) Arterial Commercial
Overlay District as approved by City Council.
(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)
(feeO
Permitted Uses 5,000 50 20 0' 02 10 80% 55
Conditional 5,000 50 20 ot 02 10 80% 55
Uses
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No rear yard setback IS reqUIred If bounded by an alley, otherWise 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.
SECTION 8. Section 36-70 of the Grand Island City Code is hereby amended to
read as follows:
~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.
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ORDINANCE NO. 8947 (Cont.)
(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
(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 premises
(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 masomy 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 Accessorv Uses:
(1) Buildings and uses accessory to the permitted principal use.
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ORDINANCE NO. 8947 (Cont.)
(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%
Conditional 3,000 30 10 01 02 10 100%
Uses
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No rear yard setback IS reqmred If bounded by an alley, otherWIse a setback of 10 feet IS reqmred.
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.
SECTION 9. Section 36-72 of the Grand Island City Code is hereby amended to
read as follows:
~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.
(A) Permitted Principal Uses: The following principal uses are permitted in the (M-I) 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-I) Light Manufacturing
Zoning District as approved by City Council.
(I) Gravel, sand, or dirt removal, stockpiling, processing or distribution, and batching plant
(2) Concrete or cement products manufacturing and batching plant.
(3) Truck terminal, tractor, trailer, or truck storage, including maintenance facilities
(4) Contractor's storage yard or plant
(5) Motels and hotels
(6) Towers
(C) Permitted Accessory Uses:
(1) Sales of new merchandise when same is manufactured, processed, assembled, fabricated or stored on the
preilllses
(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
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ORDINANCE NO. 8947 (Cant.)
(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 3S' 20 10 10 SO% 50
Conditional 20,000 100 3S1 20 10 10 SO% SO
Uses
j
wIth 15 feet adjacent to a street landscaped to satisfactIOn of the zonmg 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, 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.
SECTION 10. Section 36-73 of the Grand Island City Code is hereby amended to
read as follows:
~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 premises
(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
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ORDINANCE NO. 8947 (Cont.)
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
( 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
(6) Glue manufacture, fat rendering, distillation of bones or by-products
(7) Meat packing plants, including poultry and animal slaughterhouses and abattoirs
(8) Milling or smelting of ores
(9) Petroleum refining
(10) Motels and hotels
(11) Petroleum refining
(12) Stock or feed yards
(13) Salvage yard
(14) Tanning, curing, or storage of hides or skins
(15) Towers
(C) Permitted Accessory Uses:
(I) 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) Space Limitations:
Uses Minimum Setbacks
A B C D E
Minimum Minimum Front Rear Side Street Maximnm Maximnm
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 10 0' 02 10 65% -
Conditional 6,000 50 10 0' 02 10 65% -
Uses
None when bounded by an alley, otherWise 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.
SECTION 11. Section 36-74 of the Grand Island City Code is hereby amended to
read as follows:
~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.
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ORDINANCE NO. 8947 (Cont.)
(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
(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
(l7) Crating and hauling depot
(l8) 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 Accessory 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:
ORDINANCE NO. 8947 (Cont.)
Uses Minimum Setbacks
A B C D E
Minimnm 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 50 101 02 03 10 65% -
Conditional 6,000 50 10' 02 03 10 65% -
Uses
I Shall be zero feet when located in Central Business District and Fourth Street Business District
2 None when bounded by an alley, otherwise 10 feet
3 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:
(I) Supplementary regulations shall be complied with as defined herein
(2) Only one (1) principal building shaH be permitted on each zoning lot except as otherwise provided herein.
SECTION 12. Section 36-97 of the Grand Island City Code is hereby amended to
read as follows:
~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!U nive,'sity
Commercial Uses
Agl"icultural Sales! Service
Automotive Rental! Sales
Automotive Servicing
Bars, Taverns, Nightclubs
Body Repair
Equipment Rental! Sales
Campg,'ound
Commercial Recreation
Communication Services
Construction Sales! Service
Food Sales (limited)
Food Sales (general)
General Retail Sales establishments
Laundry Services
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 (I) space per 500 s.f. of net floor area
One (1) per every two (2) students of occupancy
one
Loading Requirements
None required
One (1) space per establishment
None required
None required
Two (2) spaces per structure
One space per of net area
One (1) 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 (1) space per 500 s.f. of net floor area
One (1) space per camping unit
One (1) space per 4 persons of licensed capacity
One (1) space per 500 s.f. of net floor area
One (l) space per 500 s.f. of net floor area
One (1) space per 300 s.f. of net floor area
One (1) space per 200 s.f. of net floor area
One (l) space per 200 s.f. of net floor area
One (1) space per 200 s.f. of net floor area
Parking equal to 40% of seating capacity
One (l) space per 3 beds plus 1 per employee on the
largest shift
One (I) space per employee plus I space or loading stall
per each lO persons of licensed capacity
Two (2) spaces per classroom
Eight (8) spaces per classroom plus 1 space per
employee on largest shift
Eight (8) spaces per reposing room
One (1) space per 4 persons of licensed capacity
One (l) space per 4 persons of licensed capacity
One (1) space per 300 s.f. of net floor area
One and one-half (I 1/2) spaces per 2 licensed beds;
plus, .75 times the maximum number of employees
during the largest shift.
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One per
One (1) per establishment
None required
Two (2) spaces per establishment
None required
One (l) Space
None required
One (1) per establishment
One (1) per establishment
One (1) per establishment
One (1) per establishment
Two (2) per establishment
One (1) per establishment
None required
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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Hotels and Motels
Housing (Congregate)
Assisted-living facilities
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 / Distribution Operations
ORDINANCE NO. 8947 (Cont.)
One (1) s ace er rental unit
One (1) s ace er establishment
One (l) per structure
One (I) space per dwelling unit plus I 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 (I) additional space per apartment (for
1- and 2-sleeping units), and I Y, spaces per apartment
(for 3-s1eeping units) to accommodate guest parking.
.75 times the maximum number of employees during the
largest shift
One (l) space 500 s.f. of net floor area
One (1) space perrental units
Five (5) spaces per staff doctor, dentist, chiropractor
Two (2) per dwelling unit
One (1) space per 200 sJ. of net floor area
Two (2) spaces per dwelling unit with I required to be
enclosed
Four (4) spaces per establishment
One (I) space per 200 s.f. of net floor area
One (I) space per 4 persons of licensed capacity
Three (3) spaces per staff doctor
One (l) 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 (I) per establishment
One (I) space per establishment
None required
Two (2) spaces per establishment
SECTION 13. Section 36-99 ofthe Grand Island City Code is hereby amended to
read as follows:
~36-99. Home Occupations
The following are the minimum standards required for a Home Occupation:
(A) There shall be no external or externally visible evidence of the home occupation, business or profession
whatsoever. There shall be no signage or advertising, linking the residential property with the home occupation.
(B) No more than 25% of the floor area of 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
All businesses related to Child Care Homes and Child Care Centers shall be in accordance with Neb. R.R.S. 1943,
Sec. 971-1902.
SECTION 14. Section 36-100 of the Grand Island City Code is hereby amended
to read as follows:
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ORDINANCE NO. 8947 (Cont.)
~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 corner 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 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 open 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 corner visibility as provided for herein.
SECTION 15. Section 36-154 of the Grand Island City Code is hereby deleted.
SECTION 16. Section 36-155 of the Grand Island City Code is hereby amended
to read as follows:
~36-155. Certificate of Occupancy; General
No vacant land shall be occupied and used hereafter until a certificate of occupancy has been issued by the
chief building official.
SECTION 17. Section 36-156 of the Grand Island City Code is hereby deleted.
SECTION 18. Section 36-157 of the Grand Island City Code is hereby amended
to read as follows:
~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 after the application
has been made, provided, such use is in conformity with the provisions of this Code.
SECTION 19. Section 36-158 of the Grand Island City Code is hereby deleted.
SECTION 20. Section 36-160 of the Grand Island City Code is hereby deleted.
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ORDINANCE NO. 8947 (Cont.)
SECTION 21. Sections 36-22, 36-23, 36-25, 36-60, 36-61, 36-68, 36-69, 36-70,
36-72,36-73,36-74,36-97,36-99,36-100,36-154, 16-155,36-156,36-157,36-158, and 36-160
as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby
are, repealed.
SECTION 22. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: December 21, 2004.
Attest:
m~ ~n~lN~
RaNae Edwards, City Clerk
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