10/25/2005 Minutes
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OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
October 25, 2005
Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of
Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First
Street, on October 25, 2005. Notice of the meeting was given in the Grand Island Independent
on October 19,2005.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were
present: Councilmember's Meyer, Whitesides, Pielstick, Gilbert, Nickerson, Cornelius, Pauly,
Walker, and Haase. Councilmember Hornady was absent. The following City Officials were
present: City Administrator Gary Greer, City Clerk RaNae Edwards, Doug Walker, City
Attorney, and Public Works Director Steve Riehle.
INVOCATION was given by Pastor Mike Benischek, First United Methodist Church, 4190 West
Capital A venue followed by the PLEDGE OF ALLEGIANCE.
MA YOR COMMUNICATION: Mayor Vavricek welcomed Boy Scout Troop 119 and their
Scout Masters and the Community Youth Council members. Mayor Vavricek mentioned
Councilmember's Cornelius, Walker, and Whitesides birthdays which were in October.
PRESENTA TIONS AND PROCLAMATIONS:
Presentation by MarIan Ferguson, Economic Development President Relative to Semi-Annual
Report bv the Citizens' Review Committee on the Economic Development Program Plan.
MarIan Ferguson, President of the Economic Development Corporation gave a PowerPoint
presentation of the semi-annual report concerning the work being done by the Economic
Development Corporation in Grand Island.
ADJOURN TO BOARD OF EQUALIZATION: Motion by Pielstick, second by Cornelius,
carried unanimously to adjourn to the Board of Equalization.
#2005-BE-11 - Consideration of Determining Benefits for Water Main District No. 443 -
American Independence Subdivision. Gary Mader, Utilities Director reported that the Utilities
Department and Public Works Department designed and prepared specifications for a joint
project to include installation of both water main and sanitary sewer under a single construction
project. The total assessable cost of Water Main District No. 443 was $70,025.92 to be financed
over five years.
#2005-BE-12 - Consideration of Determining Benefits for Water Main District No. 447T: Grand
West Subdivision. Gary Mader, Utilities Director reported that the Water Main District No. 447T
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Page 2, City Council Regular Meeting, October 25, 2005
was done as a tap district, which is the Department's standard method for Water main extensions
through undeveloped areas. The total assessable cost was $19,950.94.
Motion by Pielstick, second by Cornelius to approve Resolutions #2005-BE-ll and #2005-BE-
12, carried unanimously. Motion adopted.
RETURN TO REGULAR SESSION: Motion by Cornelius, second by Pauly, carried
unanimously to return to Regular Session.
PUBLIC HEARINGS:
Public Hearing Concerninf2; the Semi-Annual Report by the Citizens' Review Committee on the
Economic Development Program Plan. Doug Walker, City Attorney introduced Tim White,
Chairman of the Citizens' Review Committee. The Citizens' Review Committee was required by
State Statute and the Grand Island City Code to make a semi-annual report to the City Council.
No public testimony was heard.
Public Hearinf2; on Request from Richard and Patricia Hartman. 5075 South Locust Street for
Conditional Use Permit for Sand & Gravel Operation Located at 3812 South Blaine Street. Craig
Lewis, Building Department Director reported that Richard and Patricia Hartman were
requesting a Conditional Use Permit to allow for a sand and gravel operation located at 3812
South Blaine Street. The request was to begin in the year 2006 after a qualified operator was
identified and continue until the year 2026.
The following people spoke in support:
Bill Francis, Attorney for the Hartman's. Mr. Francis submitted the following Exhibits:
Exhibit 1 Application for Conditional Use Permit by Richard & Patricia Hartman
Exhibit 2 Council memo from Craig Lewis, Building Department Director
Exhibit 3 Chapter 36 of the Grand Island City Code relative to zoning
(See attached Exhibits 1,2, & 3)
Gene Dominic, 221 East 1 st Street
Tom Atkins, 4323 South North Road
Dick Hartman, 5075 South Locust Street
The following people spoke in opposition:
Dr. Casey Iverson, 3604 S. Blaine Street
Dr. Richard Fruehling, 3604 S. Blaine Street
Scott Leisinger, 2119 Bass Road
Dan Lind, 2111 Bass Road
Kathy Miller, 5015 Scheel Road
No further public testimony was heard.
Public Hearing on Acquisition of a Public Utilities Easement Located at 741 North Webb Road.
(Veronica I. Hutton Estate) Steve Riehle, Public Works Director reported that acquisition of a
public utility easement located at 741 North Webb Road was required in order to have access to
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Page 3, City Council Regular Meeting, October 25,2005
install, upgrade, maintain, and repair public utilities, including sanitary sewers, storm sewers,
water mains, electric utility poles, overhead and underground power lines, manholes, pipelines,
surface markers, and other appurtenances. The easement would be used to extend public sanitary
sewer to the property. No public testimony was heard.
Public Hearing on Acquisition of a Public Utilities Easement Located at 821 North Webb Road.
(Allen & Sheila Garton) Steve Riehle, Public Works Director reported that acquisition of a
public utility easement located at 821 North Webb Road was required in order to have access to
install, upgrade, maintain, and repair public utilities, including sanitary sewers, storm sewers,
water mains, electric utility poles, overhead and underground power lines, manholes, pipelines,
surface markers, and other appurtenances. The easement would be used to extend public sanitary
sewer to the property. No public testimony was heard.
ORDINANCES:
Chad Nabity, Regional Planning Director stated Ordinances #9012 and #9013 provided for the
annexation of two pieces of property. This was the second of three readings.
#9012 - Consideration of Annexation of Property Located South Case New Holland and
West of US Highway 281 (Second Reading)
Motion by Pielstick, second by Haase to approve Ordinance #9012 on second reading only.
Upon roll call, all voted aye. Motion adopted.
#9013 - Consideration of Annexation of Property Located South of Sandra Road and
East of South Locust Street (Second Reading)
Motion by Pielstick, second by Haase to approve Ordinance #9013 on second reading only.
Upon roll call, all voted aye. Motion adopted.
Councilmember Pielstick moved "that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that ordinance numbered:
#9014 - Consideration of Assessments for Water Main District No. 443 - American
Independence Subdivision
be considered for passage on the same day upon reading by number only and that the City Clerk
be permitted to call out the number of this ordinance on first reading and then upon final passage
and call for a roll call vote on each reading and then upon final passage." Councilmember Haase
seconded the motion. Upon roll call vote, all voted aye. Motion adopted.
Gary Mader, Utilities Director stated Ordinance #9014 related to the action taken earlier during
the Board of Equalization.
Motion by Meyer, second by Walker to approve Ordinances #9014.
Page 4, City Council Regular Meeting, October 25, 2005
City Clerk: Ordinance #9014 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
City Clerk: Ordinance #9014 on final passage. All those in favor of the passage of this ordinance
on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage,
Ordinance #9014 is declared to be lawfully adopted upon publication as required by law.
CONSENT AGENDA: Motion by Nickerson, second by Gilbert to approve the Consent Agenda.
Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of October 11. 2005 City Council Regular Meeting.
Approving Minutes of October 18. 2005 City Council Study Session.
Approving Re-Appointment of Jacinto Corona and Kris Nolan Brown and the Appointment of
Darren Sanchez to the Human Rights Commission.
#2005-299 - Approving Final Change Order No. 8 for the Senior Center Expansion with
Starostka Group. Inc. of Grand Island. Nebraska for an Increase of $1.1 18.65 and a Modified
Contract Amount of $617.698.40.
I #2005-300 - Approving Changes to Speed Limits on City Streets.
#2005-301 - Approving Acquisition of a Public Utilities Easement Located at 741 North Webb
Road. (Veronica I. Hutton Estate)
#2005-302 - Approving Acquisition of a Public Utilities Easement Located at 821 North Webb
Road. (Allen & Sheila Garton)
#2005-303 - Approving Bid Award for Capital Heights Drainway Rip Rap & Grading Proiect
2005-D-3 and for Capital Avenue Outfall Structure Proiect 2005-D-4 with The Diamond
Engineering Company of Grand Island. Nebraska in an Amount of$141.551.58.
#2005-304 - Approving Time Extension to the Contract with The Diamond Engineering
Company of Grand Island. Nebraska for Construction of Sanitary Sewer District 515; Dale
Roush Subdivision (Indian Acres).
#2005-305 - Approving Certificate of Final Completion for Sanitary Sewer District No. 517;
Deadwood Subdivision (Arch Avenue and Johnstown Road Area).
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#2005-306 - Approving Semi-Annual Report by the Citizens' Review Committee on the
Economic Development Program Plan.
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Page 5, City Council Regular Meeting, October 25, 2005
#2005-307 - Approving State Bid Award for 3/4 Ton Pickup Truck with Lift Gate for the Fleet
Services Division with Anderson Ford of Grand Island. Nebraska in an Amount of $24.769.00.
#2005-308 - Approving Bid Award for Substation Site Security - Project 05-PCC-02 with CPS
Company of South Lancaster. Massachusetts in an Amount of $57.500.00.
#2005-309 - Approving Connection Fees for Water Main District No. 447T - Grand West
Subdivision.
#2005-310 - Approving Bid Award for Replacement Gas Turbine Generator Voltage Control
System - Burdick Generating Station with E2 Power Systems. Inc. of Littleton. Colorado in and
Amount of$57.850.00.
#2005-311 - Apl'roving State Bid Award for (2) 2006 Case 621 D Wheel Loaders - Wastewater
Division with Mid-Land Equipment of Omaha, Nebraska in an Amount of $23.250.00 (after
trade-in).
#2005-312 - Approving State Bid Award for a 2005 Front End Loader for the Street and
Transportation Division with Mid-Land Equipment of Omaha, Nebraska in an Amount of
$71.816.00.
#2005-314 - Approving Amendment to the Agreement with Natural Resources Conservation
Service for Flood Damage Repair Work.
REQUESTS AND REFERRALS:
Consideration of Request from Richard and Patricia Hartman. 5075 South Locust Street for
Conditional Use Permit for Sand & Gravel Operation Located at 3812 South Blaine Street.
Motion by Walker, second by Whitesides to approve the request of Richard and Patricia Hartman
for a sand and gravel operation located at 3812 South Blaine Street. City Administrator Gary
Greer stated that finding of facts needed to be included in the motion. Walker withdrew his
motion, Whitesides withdrew his second.
Motion by Whitesides, second by Cornelius to approve the request for economic development
reasons.
Richard Hartman stated they would do whatever was required by City Council. He mentioned
that he had visited with several people in the area and also had priced a 6' chain-link fence in the
amount of$15,600.00 to put on the east side of the property.
Discussion was held with regards to this application and the previous one submitted by Mr.
Hartman. Reviewed were other sand and gravel operations in the area along with setbacks.
Quality of life issues were discussed such as noise, blowing sand/dirt, truck traffic, floodlights,
and safety to the surrounding areas. An access road off of Schimmer Drive was discussed.
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Page 6, City Council Regular Meeting, October 25, 2005
Mr. Hartman explained the difference between a sand and gravel operation and dredging.
Dredging did not require a permit and that the sand/gravel could not be sold.
Motion by Whitesides, second by Cornelius to amend the motion that an access road onto
Schimmer Drive be 300' west of the neighboring property and that a 6' high chain-link fence be
placed on the east side of the gravel pit along Blaine Street. Upon roll call vote, all voted aye.
Motion adopted.
Motion by Gilbert, second by Pielstick to postpone this decision to the first meeting in January
2006 to allow Mr. Hartman a chance to visit with the neighboring residents. Discussion was held
with regards of Hartman meeting with surrounding neighbors. Mr. Hartman asked that the City
Council to either "vote up or down" his request. Gilbert withdrew her motion and Pielstick
withdrew her second.
Motion by Whitesides, second by Pauly to amend the motion and allow Mr. Hartman a three year
permit at which time it would come back to council for further review. Discussion followed with
Mayor Vavricek stating this did not allow the operator time to recoup the costs associated with
starting a gravel operation.
Motion by Pielstick, second by Meyer to call the previous question. Upon roll call vote,
Councilmember's Meyer, Whitesides, Pielstick, Cornelius, Pauly, Walker, and Haase voted aye.
Councilmember's Nickerson and Gilbert voted no. Motion adopted.
Upon roll call of the amendment of a three year permit, Councilmember's Whitesides, Pielstick,
Gilbert, Nickerson, Cornelius, Pauly, Walker, and Haase voted aye. Councilmember Meyer
voted no. Motion adopted.
Upon roll call vote of the main motion with amendments Councilmember's Whitesides,
Cornelius, and Pauly voted aye. Councilmember's Meyer, Pielstick, Gilbert, Nickerson, Walker,
and Haase voted no. Motion failed.
Motion by Pielstick, second by Gilbert to recess for 5 minutes was approved by the consensus of
the council at 9:05 p.m. The meeting reconvened at 9:15 p.m.
City Attorney Doug Walker recommended the Council needed to make a motion with findings.
Motion by Nickerson, second by Haase to deny the request of Richard and Patricia Hartman for a
Conditional Use Permit for sand and gravel operation located at 3812 South Blaine Street for the
following reasons:
. No urgent need for another pit at this time.
· Alternate sites will be less disruptive to established to established neighborhoods and
Hall County Park.
. Property can be developed in another fashion
. Does not promote health, safety, welfare of the community.
. Does not protect against blight and depreciation.
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Page 7, City Council Regular Meeting, October 25, 2005
. Is not generally harmonious with surrounding neighborhoods.
Upon roll call vote, Councilmember's Meyer, Pielstick, Gilbert, Nickerson, Pauly, Walker, and
Haase vote aye. Councilmember's Whitesides and Cornelius voted no. Motion adopted.
RESOLUTIONS:
#2005-313 - Approving Funding of Economic Development Request.
Motion by Whitesides, second by Cornelius to approve Resolution #2005-313. Upon roll call
vote, all voted aye. Motion adopted. Councilmember Gilbert thanked the EDC for all their hard
work.
PAYMENT OF CLAIMS:
Motion by Cornelius, second by Haase to approve the Claims for the period of October 12, 2005
through October 25,2005, for a total amount of$3,351,835.44. Motion adopted unanimously.
ADJOURNMENT: The meeting was adjourned at 9:20 p.m.
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RaNae Edwards
City Clerk
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Conditional Use Permit Application
1. The specific use/construction requested is: Mi ni ~ of RaM. gr~ 1 ;url '("~k frrm ~hA dP-Rr,-i b=>d
prcp:uty.
2. The owner(s) of the described property is/are: Ridlard ani Patricia Hartman
3. The legal description of the property is: See attached.
4. The address of the property is: 3812 S. Blaine Street. Grani Islam.. NE 68801
5. The zoning classification of the property is: TA
6. Existing improvements on the property is: !\bne.
7. The duration ofthe proposed use is: 25 years.
See attached plans for mining.
8. Plans for construction of permanent facility is:
9. The character of the immediate neighborhood is: Agricultural.
10. There is hereby attached a list of the names and addresses of all property owners within 200' of the
property upon which the Conditional Use Permit is requested.
11. Explanation of request: To allow mining of the desari.J::ed prq;;erty to obtain'sand ani gravel for
ronstruction uses in Gram Islam. areas.
flWe do hereby certify that the above statements are true and correct and this application is signed as an
acknowledgement ofthat fact.
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Owners(s)
(308) 384-6442
Phone Number
5075 S. IDcust Street, Gram Islan:l, NE 68801
Address
City
State
Zip
r Please Note: Delays May Occur if Application is Incomplete or Inaccurate. I
exhibit
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Legal Description of Purchased and Leased Property
A tract ofland comprising a part ofthe Southeast Quarter of Section Thirty Two,
Township Eleven North, Range Nine "Vest of the 6th P.M.. in Hail County, Nebraska,
more particularly described as follows: .
Beginning at the northeast corner of said Southeast Quarter; thence running southerly
along the east line of said Southeast Quarter, on an assumed bearing ofSOO OO'OO"W. a
distance of Five Hundred eighty Six and Sixty Nine Hundredths (586.69) feet, to the
ACTUAL Point of Beginning; Thence nmning S 89 degrees 17'35" W, a distance of
Forty (40) feet; Thence running N 00 degrees 00'00" E, a distance of Two Hundred Ten
and Two Hundredths (210.02) feet; Thence rurming S 89 degrees 19' 2607 W, a distance
of Eight (8) feet; Thence running N 00 degrees 00' 09" W, a distance of One hundred
Thirty Five and One Hundredths (135.01) feet; Thence rurming N 11 degrees 09' 24" \\1,
a distance of One Hundred Seven and Forth Five Hundredths(107.45) feet; Thence
running S 89 degrees 16' 35" W, a distance of Three Hundred Forty Four and Seventy
Nine Hundredths (344.79) feet; Thence nlIming S 61 degrees 59' 54" W, a distance of
Seven Hundred Eighty Six and Ninety Three Hundredths (786.93) feet; Thence running S
89 degrees 55' 41" W, a distance of One Thousand Five hundred Thirty Four and
Seventy Four Hundredths (1534.74) feet to a point on the easterly right of way line of the
Saint Joseph Branch of the Union Pacific Railroad; thence running S 01 degrees 03' 45"
E along the easterly right of way line of the Saint Joseph Branch of the Union Pacific
Railroad, a distance of One Thousand Five Hundred Thirteen and Fifty Seven hundredths
(1513.57)feet; Thence running N 88 degrees 5 S) 50" E, a distance of SL'C Hundred
Seventy Seven and Thirty Seven Hundredths (677.37) feet; Thence running N 69 degrees
35' 54" E, a distance of Six Hundred Seventy Four and Eighty Hundredths (674.80) feet;
Thence N 00 degrees 00' 00" a distance of Five Hundred (500) teet; Thence running S
00 degrees 01' 52"W a distance of Forty One and Thirty Five Hundredths (41.35) feet;
. Thence rumling S 89 degrees 35' 36" E, a distance of One Thousand Three Hundred
Fourteen and Sixty FoUl' Hundredths (1314.64) feet, to the southeast corner of the
Northeast Quarter ot said Southeast Quarter; Thence running N 00 degrees 00' 00" W,
along the east line of said Southeast Quarter, a distance of Seven Hundred Forth Two
and Nine Hundredths (742.09) feet to the ACTUAL Point of Beginning and containing
.74.269 acres more or less, ofwmch.O.562 acres more or less is presently occupied by
public road right of way. Net 73.707 acres more or Jess.
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ATTACHMENT TO CONDITIONAL USE PERMIT APPLICATION
Richard Hartman and Patricia Hartman, Husband and Wife, request a special use
permit to allow excavation, processing, stock piling and selling of aggregates on an
agricultural zone parcel at 3812 S. Blaine. The Application is requested by the owners to
allow the special use; the owners anticipate entering into a contract with a qualified
operator to include the following specifications:
1. Time of Mining Operations. The estimated time to operate the mining
operation will be approximately 22 years. The owners plan upon contracting with a
qualified operator to begin operations on the property in 2006 to continue until
approximately 2026 which would also include time for reclamation and restoration of the
property.
2. Location of Processing Plant. The owners are contemplating locating a
processing plant on the south side of the parcel approximately 1,300 feet west of Blaine
Street and approximately 1,200 feet north of Schimmer Drive. The total area of the
processing pLant will be six (6) acres.
3. Ingress and Egress to Plant Site. Currently there is a driveway to the property
off of Schimmer Drive and that road is contemplated as the location of ingress and egress
to the plant.
4. Environmental Issues. The operator selected by the owner will be required to
maintain its operation in accordance with Nebraska Department of Environmental
Quality including permits regulating air and water quality.
The mining operator will be required to foHow all federal Department of
Enviromnental Quality rules and regulations including obtaining pennits for diesel fuel,
oil and gasoline storage. The fuel storage must and will have secondary containment
provisions to allow safe use before any fuel or oil will be stored on the property.
The operator will be required to operate in such a fashion as to minimize dust
caused by truck traffic. The relative short length of the haul road from Schimmer Road
to the plant site will also minimize dust.
The operator will be required to maintain the mining operations pursuant to rules
and regulations enforced by the Mining Health and Safety Act as mandated by the federal
government. The regulations of this act require maximum noise level within the
boundary of the mining operation to be maintained at 85 decibels or less. The owners
will require the operator to strictly comply with these federal regulations and will also
provide for a requirement of use of special mufflers to be fitted to the engines on the
dredge. An electronic processing plant will be used in order to minimize noise.
The operator will be required to place stockpiles of mined material in such a
fashion as to absorb and deflect as much of the motor noise as possible. The federal
regulations require back up of alarms for the loaders.
..
5. Mining Operations. The operator win be required to remove top soil from the
area to be mined each year. This process will reduce the exposure of the underlying sand
to wind erosion. The top soil that is removed will be stockpiled on the perimeter of the
property and the operator will be required to cover the waste sand from the mining
process at the conclusion of each mining phase.
To start the mining process, a hole will be dug below the water level to allow the
dredge to be placed. Once placed, the dredge will float on the created opening to the
ground water level. The dredge will be located at approximately 8 feet below the original
ground surface. Fluctuations in the ground water level can occur during the mining
season that is normally conducted from March 15 to December 15.
Because of its placement below the ground surface, the dredge will not be readily
visible from view of adjoining property owners and the placement of the top soil
stockpile along the boundaries of the operation will also serve as a screening of the
operation from adjoining properties.
It is anticipated that the operator will work approximately 3 to 5 acres of land per
year depending upon demand. The number of acres used can fluctuate depending upon
the number tons of materials from the excavation. The entire 74 acre parcel less the 6
acre plant site is anticipated to be completely mined in approximately 22 years.
The sand that is mined that is considered to be a waste product will be placed
against the stockpiled top soil and placed at a height conducive to the development of the
property for other uses contemplated after the mining operation is completed. At the
conclusion of the mining operation, there will be approximately 40 acres of open water.
6. Reclamation. The stockpiled top soil win be placed over the waste sand on the
perimeter of the lake area and leveled. The top soiled will be planted periodically
throughout the mining operation with grass to prevent wind erosion on the soil. The
reclamation of the property will be an ongoing process in conjunction with the mining
operation in an effort to maintain the resulting land area reclaimed to be level and
pleasing in appearance.
At the conclusion of the mining operation, all mining equipment will be timely
removed and stockpiles will have been eliminated. It is anticipated that the conclusion of
the operation will result in a lake and surrounding land area for planting and residential
uses.
CivillHartman attach. waf
-2-
Council A2enda Memo
From:
Craig A. Lewis, Building Department Director
Meeting:
October 25,2005
Subject:
Public Hearing on Request of Richard & Patricia Hartman for a
Conditional Use Permit to Operate a Sand and Gravel Pumping
Facility at 3812 S. Blaine Street Grand Island, Nebraska
Item #'s:
E-2 & H-l
Presenter:
Craig A. Lewis, Building Department Director
Back2round
This request is for Council approval to allow for the operation of a sand and gravel
facility at the above referenced address. A conditional use permit is required as the
current zoning classification, TA (transitional agricultural) does not allow for this type of
use as a permitted principal use. The zoning classification does list as a permitted
conditional use, commercial mines, quarries, sand and gravel pits and accessory uses.
Conditional uses as listed in the zoning code must be approved or denied by the City
Council in the form of a conditional use after a finding that the proposed use will or will
not comply with the purposes as identified in the Code.
Section 36-2 of the Grand Island Zoning code, 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 government expenditures.
This request is to begin in the year 2006 after a qualified operator is identified and
continue until the year 2026.
Discussion:
Sand and gravel operations have been a part of the Grand Island and surrounding areas
for a long time, as residential development continues to expand and the uses become
closer neighbors more conditions need to be implemented to assure compatible and
harmonious existence for both uses.
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City administration has developed the following restrictions, or conditions which appear
appropriate to impose upon sand and gravel operations.
1). USE: The proposed uses are limited to those listed in the application, sand and gravel
pumping processing, storage, stocking piling, distribution, and sales, both wholesale and
retail. Retail sale may also include the sale of black dirt, river rock, and similar
landscaping materials. The storage, recycling, or processing of other aggregate materials,
such as asphalt or concrete is not allowable unless specifically listed, nor are the
operation of concrete or asphalt batch plants. Neither of these operations have been
requested in this application.
2). CLOSURE: A statement of the proposed use of the property after the closing of the
sand and gravel operation has been provided along with the application Residential use is
anticipated.
3). PRIMARY CONDITIONS: (a). The permit shall be granted for a period not to
exceed 10 years with the possibility of renewal for an additional time at the end of the 10
year period.
(b).Pumping of product shall not be allowed within 150 feet of any public road right of
way and protected by a 6 foot earthen berm during pumping. The finished width of
developable property adjacent to the public right of way shall be a minimum 300 feet at
the time of termination of the operation. A setback oflOO feet from any adjacent property
line, and a setback of 250 feet from the Central Platte Natural Resources District Wood
River Diversion Channel Levee property shall be maintained between the pumping
operations.
(c).Pumping and other activities (including lighting) at the site shall be limited to daylight
hours (15) minutes before sunrise and (15) minutes after sunset Mondays through
Saturdays. No pumping or other processing activities shall be permitted on Sundays or
from fifteen minutes after sunset to fifteen minutes before sunrise. One exception to this
condition shall be in the months of March, April, October, and November activities may
operate from 6:00a.m. to 7:00p.m.to allow for winter condition.
(d). Any internal combustion pump motors utilized shall be equipped with a functioning
"hospital grade muffler" designed to reduce exhaust noise by 32 to 40 decibels.
(e). Materials and equipment shall not be stored on the property within any easements or
the regulated floodway as determined by the Federal Emergency Management Agency or
its successor and the entity with jurisdiction and authority to enforce floodplain
regulations. There is currently along the east edge of the property a 45' electrical
easement and an existing transmission line, no product, material or equipment shall be
stored within that easement or in such a manor that it would violate any safety provisions
of the National Electric Safety Code.
(t). All dead trees, rubbish, and debris, if any must be cleared from the real estate as soon
as practical and such real estate must, at all times, be kept in a clean and neat condition.
(g). No trash, rubbish, debris, dead trees, lumber, bricks, refuse or junk material of any
nature whatsoever shall be dumped, placed or located upon such real estate.
(h). Applicant shall not use the real estate in any way so as to create or result in an
unreasonable hazard or nuisance to adjacent land owners or to the general public.
(i). Applicant shall maintain any and all drainage ditches that may be located upon the
real property.
(j). Applicant shall not permit the hauling of sand and gravel form the premises and over
and across any public highway or road unless said sand and gravel is complete dry and
free from water or is hauled in trucks which are designed and equipped so as to prevent
water from leaking onto the traveled portion of the roadbed.
(k). All water accumulated upon the premises by virtue of such mining and pumping
operations shall be retained upon the premises and shall not flow upon or encroach upon
any adjacent land. Only surface waters that have historically flowed from the premises
shall be permitted to leave the same through historical natural drainage ways.
(I). Applicant shall begin the mining operation within a period of 18 months from the
issuance of this permit or if the applicant fail to begin operations within the 18 months
the permit shall be considered null and void and subject to reapplication and rehearing.
Additionally if at anytime during the life of the permit issued the operation shall cease for
a period of a continuous 18 months the permit shall become void and a renewal shall be
obtained before becoming once again operational.
ALTERNATIVES:
It appears the Council has the following alternatives concerning the issue.
1. Approve the request with the proposed conditions, fmding that the
proposed application is and will continue to be in conformance with
the purpose of the zoning regulations.
2. Deny the request, fmding that the proposed application does not
conform to the purpose of the zoning regulations.
3. Approve the request with additional or revised conditions and fmdings
of fact.
4. Refer the matter to a special committee for a determination of a
finding of fact
RECOMMENDATION:
Approve the request if all conditions are met as presented by City Administration and if
the City Council finds that the proposed use and application promotes the health, safety,
and general welfare of the community, protects property against blight and depreciation,
and is generally harmonious with the surrounding neighborhood.
SAMPLE MOTION:
Motion to approve the conditional use with the conditions identified by the City
Administration, published in the Council packet and presented at the Council meeting
and fmding that the applications conforms with the purpose of the zoning regulations.
~36-1.
~36-2
S36-3.
~ 36 -4.
036-5.
936-6.
936-7.
936-8.
936-9.
!i36-10
936-11.
!i36-12.
!i36-13.
936-14.
936-15.
936-16.
936-17.
936-18.
!i36-19.
936-20.
936-21.
936-22.
936-23,
!i36-24.
"~6_7 'i
J'J --.
936-26.
936-27.
936-28.
~36-29.
s36-30.
936-31,
S36-32.
S36-33,
S36-34.
936-35,
936-36
936-37.
936-38.
S36-39
936-40
936-41
Grand Island City Code, 2002 Edition
CHAPTER 36
ZONING
Al1icle 1. Title and Purpose
Title .....".
Purposes.......... ..
Reserved
Reserved
Reserved
Page
.,.. 36-1
..36-1
Article II. Definitions
Rules. ............. .................. ..... ........... ......... ............ .............,.. ............,.................. 36-1
Abbreviations and Acronyms .........,...,.,............,...........,......,............................. ..36-1
Definitions,.... .............. .......... ,....'...,.., ......... ..........., ....... ..... .............,............... .... 36-2
Reserved
Reserved
Reserved
Reserved
Reserved
Article III. General Provisions
Planning Commission Recommendations ...............................,.....,..................... 36-31
District Regulations, Restrictions, Boundary Creation........................................36-31
Jurisdiction.. ...................,.........................,........................................................... 36-31
Provisions Declared to be Minimum Requirements .........................,..................36-31
Zoning Affects Every Structure and Use .......... ................ ............. ........... ...........36-31
Lot........,......................,...........,.................,.......,..,...,......,........,........................... 3 6-31
Reductions m Lot Area Prohibited ................,..............................,.......,..............36-32
Obstructions to Vision at StTeet Intersections Prohibited ..........,.........................36-32
Yard Requirements... ... ...... .......... .... ...... ....... ,... ..... ..... ... ........ ,......,... .., ....... .........36-32
Through Lots... .................. .....'.... '...........'.......... ................ .............., ........,........,36-32
Reserved
Permitted ObstTUctions in Required Yards .....................................................36-33
Projections from Buildings... ........................... ...... ................. ..... ........................ 36-33
Accessory BUJldmg and Uses ,.............................,...................................,.....,.,.36-34
Pemlitted ModIfications of Height RegulatIOns ....................................,.............36-35
Occupancy of Basements and Cellars....... ,...... ........,...............................,...., .,..,.36-35
Nonconfonmng Buildl11gs and Uses; ContmuatlOn ..........,.. ........ .,.. ......... ........36-35
Nonconforming Buildings and Uses: Repairs or Alterations..................,...........36-35
Nonconfonning Bulldl11gs and Uses; Change of Use .... ........... ........,...,...., ........,36-35
Nonconforming Buildings and Uses; Destruction and Reconstruction .,.,....,..,...36-36
Nonconforming Buildl11gs and Uses; Discontinuance or Abandonment .............36-36
Nonconfom1ing Buildings and Uses; ExtenSIon of Nonconfomling Use............36-36
Fees.... .... ..........,.. ... ,...,....,. ....., .,. ........ .. ..... ... ,... ...... ., ,. ,.. ,.. ..., .,. ..,. ,...,....',.... ...,....36-36
Reserved
Reserved
Reserved
Reserved
Reserved
exhibitJol
\ 3 12~k
.J:cri '](. 3urby
~3 6-42.
~36-43 .
~36-44
~36-45.
~36-46
i;36-47
936-48.
~ 3 6 -4 9
1;36-50.
936-5] .
936-52.
936-53.
936-54.
936-55.
936-56.
936-57.
936-58.
1;36-59.
936-60.
~36-61.
936-62.
936-63.
936-64.
936-65.
036-66.
936-67.
036-68.
036-69.
S36-70.
036-71.
~36-72.
036-73.
936-74.
06-75.
036-76.
036-77.
036-78
036-79.
936-80.
936-81.
~36-82
~36-83.
036-84
036-85
S36-86.
936-87.
Grand Island City Code. 2002 Edition
Reserved
Article IV. Districts and Official Map
Districts... .................. ............ ..............
Provision for OffiClal Zonmg Map ..................................................
Annexation.................................................................. ...............
Reserved
Reserved
Reserved
Reserved
36-36
36- 37
36-37
Article V. Zoning Districts
Zonmg Distncts; Use.... ........... ............. ........ .................. ............................ ......... 36-38
Zoning DistTicts; Boundaries ................. ...... ....... ...... ............... ........... ..... ............36-38
Rules for Interpretation of Zoning DistTict Boundaries .......................................36-38
ClasSIfication of Zoning Districts and Confollllance with the
Comprehensive Development Plan.... .......... .... ................... ........... ................... 36-39
(AG-1) Primary Agncultura1 Zone........ .... ........................ ..... .... ... .................. .... 36-39
(AG-2) Secondary Agricultural Zone ..................................................................36-46
(AG-SC) Special Agriculture / Conservation Zone .............................................36-52
(AG-SE) Special Agriculture / Events Zone.....................................................36-53
(AG-SI) Special Agriculture I Industrial Zone ....................................................36-54
(SRC) Special Recreation / Conservation Zone..................................................36-55
(TA) TransitlOnal Agriculture Zone..... .................................. ......... ............ ....... ..36-56
(LLR) Large Lot Residential Zone ......................................................................36-58
(R-I) Suburban Residential Zone ........................................................................36-59
(R-2) Low Density Residential Zone..................................................................36-60
(R-3) Medium Density Residential Zooe.............................................................36-61
(R-4) High Density Residential Zooe ..................................................................36-62
(RO) Residential Office Zone..... .......... ..... .... ............... ....................... ........ ...... ..36-64
(B-1) Light Business Zone ...... .............. ..... ............. ........ ............ ......... .... ............36-65
(B-2) General Business Zone.. .......... ..... ...... ................ ........... ...... ... ....... ....,.. ......36-67
(AC) Arterial Commercial Overlay Zone ............................................................36-69
(B-3) Heavy Business Zone.......... ....... ......... ....... .................... ............ ................ 36-70
(ME) Industrial Estates Zone.... .................. .................... ...........,.. .......... .......... ..36-72
(M- I) Light Manufacturing Zone ....................... ........ ......................................... 36-74
(M-2) Heavy Manufacturing Zooe.................... ............... ............ ......... ............... 36-75
(M-3) Mixed Use Manufacturing Zone ..............................................................36-76
Reserved
(CD) Commercial Development Zone ................................................................ 36-78
(TD) Travel Development Zone ,.......... .......... ........... ........ .... ........ ....... ...............36-81
(RD) Residential Development Zone... ........ ...... ........ .................... ....... ...... ......... 36-82
(A) Airport Zone...................... .......... .................... ........... ........... .....,. .............,.36-84
Ciateway COrridor District (Overlay District) ..........................,....,.....................36-85
(-M and ~MD) Manufactured Home Overlav Zones ........................................36-89
. -
Reserved
Reserved
Reserved
Reserved
Reserved
Reserved
l!
036-88
~36-89
036-90
036-91.
~36-92
936-93
036-94.
036-95.
036-96.
036-97.
936-98.
036-99.
036-100.
036-101.
036-102.
036-103.
036-104.
036-105.
036-106.
936-107.
036-108.
036-109.
036-110.
036-111.
036-112.
036-113.
036-114.
036-115.
036-116.
036-117.
036-118.
036-119.
036-120
036-121.
036-122.
036-123
036-124.
036-125.
036-126.
036-127.
936-128.
036-129
Grand Island City Code, 2002 EdItlOn
Article VI. Conditional Use Pemlits
Conditional Uses: ApplicatIon .... . ..... ............................
Authorized CondItional Uses.
Conditional Uses: Procedure ............
Fees......... ....................... ................ ....... .....................
Reserved
Reserved
Reserved
Reserved
...... ........ ........36-90
............ . ...36-90
............ 36-91
.... ............... ..36-92
Article VII. Supplemental Regulations
Off-Street Parking Requirements.......................... .................. ................ ...........36-92
Schedule of Minimum Off-Street Parking and Loading Requirements..............36-94
Off-Street Parking Design Critena ...................... ........ ............ ............................36-95
Home Occupations............................................................................................... 3 6-96
Fences and Hedges: Comer Visibility .................................................................36-97
Perfom1ance Standards for Industria] Uses... ........... .......... ............ ...... ....... ......... 36-97
Landscaping Requirements.................................. ........ ........................ ....... .........36-98
Wind Energy Systems........,..............................................................................36-102
VehIcle Sales and Rental Business in EXIstence on ] 2/15/02: Mmimum
Improvements Requirement............................................................................. 36-1 03
Vehicle Sales and Renta] Businesses; New Busmess and Busmesses
Relocating or Expanding; Minimum Improvement ReqUlremcnts.................. 36-103
Conditional Uses; Salvage Yards...................... ............................. ...............36-104
Reserved
Reserved
Reserved
Reserved
Reserved
Reserved
Reserved
Reserved
Reserved
Reserved
Ariicle VIII. Flood Plain Regulations
Statutory Authonzatlon; Findmgs offact and Purposes ...............................36-105
General ProvIsions......... .... ............................... .................................. .............36-106
Development Permit ....... .... .......... ............................................. 36-1 07
Establishment of Zonmg Districts................ ............................................ .........36-107
Standards for Floodplain Development ........................................36-107
Flood Fringe Overlay District -Including AO and AH Zones................ ..36-108
Floodway Overlay DistncL...... ...................... ............. ........36-110
Variance Procedures ............... .............. ......................... ...........36-110
Nonconfo!ll1ing Uses ................. .........36-112
Penalties for ViolatIon ........ .......... ............... .......36-1]2
Amendments................. ................ ........................ ........... .36-1]2
DefinitIons........... .............. ............ ..............36-1]2
Reserved
III
~36-130.
6-U] .
~36-132.
)36-133.
~36-13.:l.
~36-135.
f36-U6
036-]37.
~36-138.
936-139.
936-140.
036-141.
S36-142.
036-]43.
036-144.
036-145.
036-]46.
936-]47.
036-148
936-]49.
036-]50.
036-151.
036-]52.
036-]53.
06-]54.
036-155.
036-]56.
036-]57.
036-]58.
936-159.
S36-]60
n 6- ] 61.
036-]62.
~36-163.
036-J64
.?36-]65
936-]66.
936-] 67.
6-168.
S 3 6 -16 9.
6-170.
036-171.
6-172.
6-] 73.
Grand Island City Code, 2002 Edition
Reserved
Reserved
ResencJ
Reserved
Article IX. Board of Adjustment
Establishment.. .............. .................. .................... ....................16-1]5
Membership... ............ ................ .......................36-]]5
Rules .... ................ ............ ....................36..]]5
Meetings.............. ................................. ............ ......36-115
Minutes ...................... ................ ... ..... ...... ... ..,.............. ...... ..... ............ ... ..... ..... 36-115
Appeal...................................................... ....................................................... 36-1] 5
Notice........... ............. .............. ........ ........ .............. .......................... .......... ..... 36-] ] 5
Fees ............ ..... ..... .......... ..... .... ...... .... ......... ................ ..... ... ................. ........ .......36-116
Powers and Limitations.......,.. .............. .......................... ............ ..... ................... 36-] ] 6
Action and Vote ReqUlred.....................................................................36-1]6
Appeals to District COUt1.............................,.................................................36-117
Reserved
Reserved
Reserved
Reserved
Reserved
Article X. Amendments, Enforcement, Permits, and Penalties
Amendments; Initiation and ApplicatlOn..................................,....,..........,......36-]] 7
Amendments; Procedure .....,........................................................,.................... 36-1] 7
Amendments; Protest; Limitation............ .......... ....... ..... .......... .......... ............... 36-118
Hall County ReglOna] Planning Director and Building Depal1ment .. .............. 36-1] 8
Reserved
Certificate of Occupancy: GeneraL... .............. ............... ..... ........ ......... ........ ...... 36-] 18
Reserved
Certificate of Occupancy; Land.. ............................. ..... ...... .......... ....,.... .....36-] ] 8
Reserved
Certificate of Occupancy: Record.................................. .............. ........ ........... ...36-] 18
Reserved
Penalties...... .............................................. ........ .....................................36-]] 9
Remedies. ....................... ......... .................... ............... ........,............. ..... ......, 36-1] 9
Reserved
Reserved
Reserved
Reserved
Reserved
Anic]e XI. TO\vers, Telecommunications Facilities and Antennas
Purpose........ ............................... ..... .. ... ................ .......... ............. ... .... 36-119
Definitions .................................. ...... ... ..................................36-]20
LocatlOn of Towers and ConstruclIon Standards.... ....................................36-121
Apphcatiotl to Develop a Tower ............. .............36-12]
Tower DC\elopment Permit: Procedure................. ...............36-]22
Setbacks and Separation or Buffer ReqUirements... . ........... .................. ...36-122
lV
G36-174
G36-175,
S36-176,
S36-177
S36-178,
S36-179
036-180,
~36-18],
S36-182,
S36-183,
S36-184,
S36-185,
G36-186,
S36-187,
S36-188,
Grand Island City Code, 2002 Eclition
Structural Standards for Towers Adopted
Illul11mation and Securitv Fences",
Exterior FWISh """"',,' "'"''''
Landscaping",,,,,,,,,,,,,, '"'''''''' ,,'"
Maintenance, Repair or r\1odJtlcatlon of EXIsting Towers
Inspections """,,,","
Maintenance ,"",',"""''''', """',',','
Abandonment.., """""
Satellite D1Sl1 Antennas; RegulatIon ,"
SeverabJ1ity """"" "" ",,'"''''''
Reserved
Reserved
Reserved
Reserved
, "',,"" ,,36-122
'" '''''''''''''''''''' 36-122
, "",,,,,,,36-]23
,,36-123
, "",,36-]23
,,,36-123
,36-123
",,36-123
""",36-124
",36-124
Ar1ic]e XlI. Comprehensive Plan Relationship
Comprehensive Plan Relationship """".""""""",..,....,......"........""",,,, ",,,36-124
v
CHAPTER 36
ZONING
Article 1. Title and Purpose
936-1. Title
This chapter may be known and may be cited and referred to as the zonlI1g regulations of the Clty of Crand
Island, Nebraska.
936-2. Purposes
This chapter has been made in accordance with a comprehensive plan and to promote the health, safetv. 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 classificatlons
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.
936-3. Reserved
936-4. Reserved
936-5. Reserved
Article II. Definitions
936-6. Rules
For the purpose of this chapter the following rules shall apply:
(A) Words and numbers used singularly shall include the plural. V'/ ords and numbers used in the
plural shall include the singular. \Vords used in the present tense shall include the future.
(B) The word "persons" includes a cOlvoration, members of a partnership or other business
organization, a conunittee, board, council, commission, tnlstee, recelver. 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
C(lnstTued 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 of the Hall County RegJOnal
Planning CommiSSIOn
(G) The word "Inspector" shall refer to the !3uildll1g Department and any employee of said
department
(H) Undefined words or terms not herem defined shall have their ordll1ary meanll1g in relation to
the context.
936-7. Abbreviations and Acronyms
For pUI1)oses of this chapter the followll1g shall be standard abbrcviations and acronyms found
through the regulation.
Page 36-1
Grand Island Cltv Code. 2002 FclltlOn
At"
CAFO
FCC
CdS
HCRPC
k\'
kW
HO
ND.\
NDEQ
Al1lmal Unit
Confined /\111m3] Fecding Opera!lon
Federal Communication CommIssion
Geographlc Information System
Hall County ReglOnal Planning ConmllSsion
Kilovol1
Kilowatt
Livestock Feeding Operation
Nebraska Department of J\eronau!lcs or successor department
Nebraska Department of Environmental Quality or successor
department
Nebraska State FIre iVlarshall or successor department
Nebraska Department of Health and Human Services or
successor department
Nebraska Depar1ment of Roads or successor department
right-of-way or rights-of-Ivay
United States Department of Agriculture
NSFlvl
I\HHS
NDOR
ROW,
USDA
936-8. 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. Abutting 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 \Vav shall mean tbe 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.
Accessorv Building (see Building, accessory)
Accessorv Living Quarters shall mean living quarters wi thin 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 kitcben 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
pnncipaI structure, the use of wbich is incidental and accessory to that of the principal structure,
Accessorv Use shall mean a use lllcidental, 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.
Acreage shall mean any tract or parccl of land which does not qualify as a farm or development,
Adjacent shall mean neaL 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 fcatures go-go dancers, exotIC dancers, strippers, male or
female Impersonators, or sil111lar entertainers,
Adult Companionship Establishment shall mean an establishment which provides the service of
engaging in or listemng to conversation, talk or discussion between an employee of the establishment and a
customer, if such service ]s distinguished or characterize:d by an emphaSIS on "specified sexual acuviues" or
"spe:cified anatol1ncal areas."
Adult Establishment shall mean any business w)l1ch offers ltS patrons serv]ces or entertainment
characterized by an emphaSIS on matters depicting, exposing. describmg, discussing or relating to
"specified sexual actIvities" or "specified anatoI11Jcal areas." ll1cluding, but \Vlthout ]llnItation. to adult
bookstores. adult mouon picture: theaters. saunas. adult companlOl1ship establIsbments, adult health clubs,
adult cabarets. adult novelty busll1esses. adult motion picture arcades, adult 11l0dellI1g studios. 3dult hotd or
moteL and adult bodv painting smdlOs,
Page 36-2
Chapter 36 c
Adult Hotel or .\lotel shail mean a hotel or motel fiom winch I11mors are specIfIcally excludcd
fiol11 patronage and \\hcrem matenal is prcscmed whIch is distinguished or characterized by an emphasIs
011 matter dcpicling, descrIbing or relatlllg to "specIfIed sexual activities" or "specifIed anatomical areas."
Adult .\lassa(!e Parlor, Health Club shall mean a massage parlor or health club which restTIets
minors by reason of age. and which provides the services of massage, if such service is distJl1glllshed or
characterized by an emphasis on "specifIed sexual actintles" or "specified anatonDcal areas."
Adult Mini-.\Jotion Picture Theater shall mean a busll1ess wHhin an enclosed budding WIth a
capacity for less than 50 persons used for presenting visual-medIa matenal if such bus mess as a prn'alling
practice excludes minors by virtue of age, or If said material is distinguIshed or charactenzed by an
emphasis on the depiction or description of "speCIfied sexual activities" or "specified anatomical areas" for
observation by patTons therem,
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 arc maintained to show images to tlve 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 activllies" 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 charactcnzed 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 reducmg, utilizing steam or
hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna ]S distinguished or
characterized by an emphasis on "srecitled sexual activities" or "specified anatomical areas."
Aesthetic Zonin~ shall mean zoning to accomplish a standard of exterior architectural appeal
and/or neighborhood harmony,
Ae: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 hOUSlIlg livestock, poultry and farm
machinery, buildings for the storage or shelter of gram, hay and other crops, silos, windmills and water
storage tanks,
A(!ricultural Operations (see "Farming")
Ae:ricultureshall 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 oC
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 industria] 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
allvort 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 boundarv of the Hazard Zone is composed of a senes of connected tangents
and sImple curves that also constHute the outer boundaries of the Approach and Tummg Zones.
Allev sha]1 mean a minor pubhc senice street or public thoroughfare 20 feet or less III Width,
tluough a block of lots ptllllanly for vel1Lcu!ar service access to the rear or side of properties otherWIse
abuttIllg on another street and to prO\]de access to utrlity servIces located therem, BUlldmgs facmg an allev
shall not be construed as satJsl~'mg the requIrements of thlS chapter related to ti~ont3ge on a dechcated street
Page 36-3
C;rand Island Cit\ Code. 2CJ02 Edltwn
Alteration sh311 mean any change. additlOn or mocl1fication ][] constructIon or occupanc) of 3n
existing structure
Alteration. Structural (see Structural alteratlonl
Amendment shall mean a change 111 the wording. context. or substance of this chapter, an adJillon
or deletion or a change IT1 the district boundaries or classlficatlons upon the zonmg map.
Amusement Arcade shall mean a building or a pan of a buIlding where five or 1110re pinball
machines. VIdeo games, or other simIlar player-orientated amusement deVices arc a\allable and are
maintained for use.
Amusement Park shall mean a facility. primarily outdoors, that may mclude structures and
bmldings. where there are various dcvlCes for enterta1l1ment. including rides, booths for the conduct of
games or sale of items. bulldings for shows and entertainment. and restaurants and souvemr 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 limlted to short-time boardmg
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 agncultural 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.
Antcnna see definition in S3 6-] 69 of this chapter.
Antique Shops s]1all mean a place offering primanly 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 falmly
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 finll1g, to the context of the site and the whole
community.
Appurtcnances shall mean the visible, functional objects accessory to and part of buildings.
Architectural Character see Architectural Concept
Architectural concept sha 1\ 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 promll1ent or significant part or element of a building,
structure, or site. Architectural features may include speciallincs, massing, and/or texture.
(A) Lines shall mean visual elements of the building. either within the fa~ade or on the building
cdge, \\hich arc in a linear form either horizontally or vcrtically and may be composed of
masonry, glass, or other related materials.
(B) \lass shall pertain to the volume, bulk ofa building or structure.
(C) Texture shall mean the quality ofa surface, ranging from 11111'1'or finish, smooth.. to coarse and
unfinished.
Architectural style shall mean the characteristic form and detail, as of build1l1gs of a particular
historic penod.
Artisan Production Shop sha1l mean a buildll1g or portIon thereof used for the creation of
ongmal handmade works of art or craft items bv more than three but less than six artIsts or artJsans, as
el1her a principal or accessory use.
Artist Studio shall mean a place deslgned to be used, or used as. both a dwelhng place and a place
of \\ork bv an artist. artlsan. or craftsperson. Il1cluding persons engaged In the appiJcation. teach1JJg. or
Page 36--+
Chapter 36 c Zoning
performance of fine ans such as. but not limIted to. drawll1g. \ocal or instrumental music. pall1tmg.
sculpture, and writing.
Attached Permanentl\' shall mcan attached to real estate 111 such a way as to require chsmantlmg.
cutting away, unbolting from permanent foundation or structural change in such structure JJ1 order to
relocate it to another site.
Attractive shall mean ha\'ing qualIties that arouse iI1lcrcst and pleasure in the observer.
Automatic Teller 1\1 achine (A TM) shall mean an automated device that performs bankmg or
financial functions at a 10catlOn remote fiom the controlling financIal institution.
Automobile '''reeking Yard see Salvage '{ard 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 pnnclpal busmess is serving alcoholic beverages at retail
for consumption on the premises. (Also, see l\lghtclub.)
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
rota te or 1110ve.
Bed and Breakfast Il1n shall mean a house, or portion thereo( where short-term lodging rooms
and meals are provided. The operator of the inn shalJ lin 011 the premises.
Bedroom shall mean a room \vithin a dwelling unit planned and intended It.>r sleeping, separable
from other rooms by a door or doorway.
Berm shall mean a raised foml 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 inllilediate neighborhood.
Billboard shall mean an outdoor advertisement sign which directs attention to a business
commodity, service, or entertailUl1ent conducted, sold, or offered elsewhere than upon the premises where
sllch sign is located or to which it is affixed.
Block shall mean a parcel ofland platted into lots and bounded by public streets or by waterways,
right-of-ways, unplatted land, City-County boundaries, or adjoining property lines.
Block Frontage shall mean that section ofa block fronting on a street between two intersecting
streets or other block boundary.
Board of Adjustment shall mean that board that has been created by the city and which has the
stanItory authority to hear and determine appeals, mterpretations oj~and variances to the z011lng
regulatIOns.
Boarding or Rooming House shall mean a building containing a smgle 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 proVldes the ingredients and equipment for a
cllstomer to use to brew malt liquor at the store. Brew-cm-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 mto beer or ale by mashing, cooking, and
fermentll1g. By definition, these establishments produce no more than 10,000 banels of beer or ale
annually. The area, by definition. used for brewlI1g, includmg bottlmg and keggmg, shall not exceed 25
percent of the total !loor area of the commerCIal space.
Brewen' shall mean an mdustna] use that brews ales. beers, meads and/or Similar beverages on
slte. Brc\\cnes arc classJtlcd as a use that manufactures more than ] 0,000 barrels of beverage (all
be\'t:ragcs combined) annually.
(/1) Brewen', Craft shall mean a brew pub or a 1111Cro brewery
Page 36-5
Grand Island C1I\ Code. 2002 EditIOn
(B) Bre\Hn. \Iicro shall mean a Llcillty for the productlOn and packagmg of malt bC\.erages of
low alcoholic content for distributIon. retail or wbolesale. on or off preI11JSes. WIth a capacity
of not more than 10.000 banels per year. The development may mclude other uses such as
standard restaurant. bar, or bve entertamment as otbenVlse permitted 1I1 the zoning dlstnct
Broadcastin2 Tower shall mean a structure for tbe transmIssion or broadcast of radio. televlslOn,
radar. or I11IClO\\an:>s which exceeds the maximum height permitted])] the ciIsrnct III which it IS located:
pro\lded, however. that noncommercial radIO towers not exceeding OIle hundred ( 1(0) 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 pri\.ate or pubhc road. (Also, see Screening.)
Buffer Zone shall mean an area of land that separates two zoning distTlcts and/or land uses that
acts to soften or mitigate the effects of one use on the other.
Buildin2 shall mean any stTucture built and maintained for the support shelter or enclosure of
persons, aI1lma]s, chattels. or property of any kind, but shall not mc]ude temporary buildings as defmed II1
"Structure. Temporary". Operable and licensed trailers. with wheels. shall not be conSIdered as buildmgs.
Buildin2 Aecesson shall mean any
detached subordinate building that serves a
function customan]y lI1cIdental to that of tbe
mall1 building or main use of the prermses.
Customary accessory building includes farm
buildings, garages. carpol1s, and small
storage sheds.
Buildin2, Area of shall mean the
sum in square feet of the ground areas
occupied by all buildings and structures on a
lot.
Building Code shall mean the
"anous codes of the City that regulate
constl1Iction and requires building permits,
electTical 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 pertam to building construction.
Building, Hei2ht shal] mean the
vertical distance measured from the
centerline of the improvt:'d street to the
hlghest pomt of a roof surface. if a flat roof
to the deck line of mansard roofs. and to the
mean height ]eve I between ea\es and ridge
for gable. hIp. and gambrel roofs.
Building Inspector shall mean the
building inspectors for the City of Grand
Island. \'ebraska.
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Page .:'6.6
Chaptcr 36 c ZOIlmg
Building Principal shall mean a buIldmg within which the mam or primary use of the lot or
prenllSes IS located. L6,.lso, see Cse. PrIncipal.)
Building Setback Line shall mean the m1l1imum of distance as prescnbed by thIS chapter between
any properry line and the closed point of the buIldmg wall Ime or face of any buIlding or structure related
thereto.
Campground shall mean a parcel of land Intended for the temporary occupancy of tents, campers.
and major recreational vehIcles and which primary purvose IS recreatIOnal, havmg open areas that are
naturalm character.
Car \Vash shall mean a buildmg 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 semHrailer
tractors, buses, and commercial fleets.
Car Wash. I nd ustrial shall mean a mechanical facIlity for the \vashing, 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( 1/2) 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 mcan the geographical area within either the natural or artificial banks o[ a
watercourse or drainage way.
Charitable shall mean a public or semi-public instlhltional use of a philanthropic, charitable,
benevolent, religious, or eleemosynary character, but not includmg sheltering or canng o[animals.
Child Care Center shall mean a facility licensed to provide child care for thirteen (] 3) 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 [or religious activities that are now used as a meeting place for a congregation. Stnlctures
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 corner 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 eonU110n purpose, but not including groups which are organized primarily to render a service carried
on as a business for profit.
Page 36-7
Grand 1 sJJnd
Cocle, 2002 EditIon
Cluster Development shall mean a
devclopment desl.!.!Ilcd to concentrate buIld1l1gs 111 I
specific areas on a Slle to allow the remall1JJlg land to I
be used for recreatlOlL common open space. and the
presen'ation of ennronmentaIly sensltl\'C areas. I
Code shall mean the Grand Island CIty' Code. I
Coffee Kiosk shaIl mean a reTaIl food
busll1ess in a freestandll1g bllllding That sells coffee, or I
other beverages. and remade bakery goods from a
chive-through window to cllstomers seated in their
autoI11obJlcs for consumption off the premises and that
provides nO mdoor or outdoor seating.
Cohesi\'Cness shall mean the
composition between design elements of
and/or a group of buildings and the
dcve lopment
Commercial Feeding Operation (See
Livestock Feeding Operation)
CommissioIl shall mean the Hall County
Regional Plannmg CommiSSIOn.
Common Area or Property shall mean a parcel or parcels of land, together with the
improvements thereon, the use and enjoyment of which are shared by the owners of the individual buIlding
sites in a Planned Development or condominium development.
Community Center shall mean a place, stTuchlre, 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 centra] 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 111
the same vicinity.
Compatible lises shall mean a land use whIch is congruous with, tolerant of and has no adverse
effects on existing neIghboring uses. Incompatibility may be atTected by pedestrian or vehicular traffic
generatIOn, volume of goods handled and enl'lronl11enta] elements such as noise, dust, odor, aIr pollution,
glare, lightmg, debris generated, contamll1aTion of surface or ground water, aesthetics, vibration, electrical
interference, and radiation.
Comprehensin Development Plan shall mean the Comprehensive Development Plan of Grand
lsland, Nebraska as adopted bv the City' Council, sertIl1g forth poliCIes for the present and foreseeable
future communIty welfare as a whole and meet1l1g the purposes and reqUIrements set forth in state statutes
Conditional Cse shall mean a use where allowed the district regulations, that would not be
appropnate generally throughout the z011lng dlstTICt without restrictions, but whIch. if controlled as to
number, SIze, area, locatIOn, relationslllP to the neIghborhood or other mlIlimal protective characteristIcs
would not be detrimental to the public health, safely, and general welfare.
Conditional Cse Per:mit shall mean a permit issued by the City Council that autlionzes the
recIJw'nt to make conditIonal use of property. Il1 accordance \IIth the plol'islOns of Article 6 and any
additwnal conditions placecl upon, or reqlllred bv said perm!!
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Example of a Cluster Subdivision
Page 36-8
Chapter 36 c
Condominium shall be as det~ned in stale statutes. whereby four or more apartments are
separately offered for sale.
Confinement shall mean totally roofed buIldmgs. which may be open-sided (for ventilation
purposes only) or completely enclosed on the sidcs, \\herell1 animals or poultry are housed oler solId
concrete or dirt f1oors, or slaned (partially open) f100rs oler pHS or manure collection areas in pens, stalls.
cages, or allcys, with or without bedding malenals and mechal1lcal ventilation. The word "confinement"
shall not mean the temporary cont~ned feedIng of livestock during seasonal adverse weather.
Conflicting Land Use shall mean the use of property whIch transfers over neighboring property
lines negative economic, or ennronmental effects. II1cludll1g, but not limited to, noise, vibratIOn. odor. dust,
glare, smoke, pollution, water vapor, mismatched land uses ancl/or density, height, mass, mismatched
layout of adjacent uses, loss of privacy, and unsightly views.
Congregate Care FadIitv shall mean a long-term care facIlity exclusively for persons 60 years of
age or older, and which shall mclude, 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. passagevvays, and doorways
deSIgned for residents ll1cluding: meal services, transportation, housekeeping, linen, and organized social
activitIes.
Congregate Housing shall mean a residential facility for four or more persons fifty-five (55)
years of age or over, then 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 signi ficant struchlres, 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, f1oodways, ilood plains, drainage ways, river or
stream banks, and areas of signit~cant 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 t~sh. plants, or wildlife, or maintaining existing
land uses or preserving the ability said land to be llsed 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 cllstomers 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)
Contiguous shall mean the same as "Abut".
Copv Center shall mean a retail establishment that provides duplicating services usmg
photocopying, blueprint, and offset printing eqUIpment, and may inc Jude thecollatll1g and binding of
booklets and reports.
Countn Club shall mean a land area and buildings contaming golf courses, nding arenas. fishing
or hunting facilities and/or slmJlar 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 buildmg or
buildings and aboundecl on three (3) or more SIdes by such buildings.
CuI-dc-Sac shall mean a short public wa\' that has only one outlet for vehicular tTan~c and
terminates in a vehicular turn-around.
Cune Lot sce "Lot. Cur\'C".
Dairv Farm shall mean any place or premises upon which milk is produced for sale or other
dlstnbutlon.
Page 36-9
Grand Island City Code. 2002 EditIon
Densitv shal] mean Ihe number of ch\ellmg umts pcr acre of land allowable on a gl\en tract or
parcel of land.
Detention Cell shallmcan a for the temporarv storage of stormwater I1moff
Deyeloper shall mean any person. corporatJon. partnershIp, or entity that IS responsIble for' any
under1aking that reqUlres a building or zonmg permll. conditional use pen11lt or sign permJt
Development shall mean any 111anmade change to impro\'C?cl or unimpro\'ed real estate. mcludll1g
but not limited to buildings or other structures, mining, dredging, filling. gradmg, paving, excavation, or
dnl!mg oper3tions for which necessary permits may be regUlred.
Development Confert Plan (See Site Plan.)
Deyelopment Hevil'w shall mean the re\'iew, by the Clly of subdivision plats, site plans, rezoning
requests, or permIt re\Ie\\'.
District shall mean any defined area within the Jurisdiction of the govemmental entity that !s
designed to allow specific uses and structures as defined in the corresponding textual portion of the
regulation.
Dog Kennel (See Kennel, commel'CIal; and Kelmel, private.)
Domestic Animals (See Household Pet.)
Downzoning shall mean a change in zoning classification of land to a less intensive or more
restrictive district such as from conmlercia] district to residential district or from a higher density to a lower
density residential district.
Drive-In Fadlitv 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-stTeet 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, nibble, waste material, otTal or dead animals.
Such use shall not involve any industrial or commercial process,
Duplex shall mean the same as "Dwelling, Two (2) Family",
Dwelling Any building or portion thereof whic11 is designed and used exclusively for single family
residential purposes.
Dwelling, Farmstead shall mean any single family dwelling unit! residence associated with a
farming operation either on a separate tTact of land or located as a pan of the larger operation area.
Dwellinl?:, Manufactured Home A factory-built structure which is to be used as a place for
human habitation, w]lIch 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 Slates Department of!-lousing and Urban Development.
Dwelling. Modular (Is conSIdered a conventional type single-family dwelling), Any prefabncated
structure, lIsed for dVv'elling purposes, moved on to a site in an essentially complete constructed condition,
in one or more parts, anclwhen completed is a sll1gle 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
constnlCtlOl1 critena as defined by the \:ebraska State Department of Health and Human Services under the
3uthonty granted by Section 7] -1555 through 71-1567 Revised Statutes of i'iebraska 1943, in addition to
any amendments thereto.
Dwelling, \'1ultiple shall mean a building or burldings deSIgned and used for occupancy by three
(3) or more (a 1111l1es, all living independently' of each olher and hanng separate kitchen and toilet facilities
for each family,
Dwelling. Seasonal shall mean a dwellmg designed and used as a temporary residence and
occupied less than SIX months in eZlch year
D\lellillg. Single Family is a bulldll1g having accommodations for or occupIed exclusively by one
family \\hlch meet a]l the following standards
Page 36-] 0
Chapter 36 c Zoning
(l\) The home shall ha\'e no less than nine hundred (900) square feet of floor area, above grade,
for smgle story construction:
(8) The home shall have no less than an eighteen (18) foot exterior \\idth;
(C) The roof shall be pitched with a mInImUm vertIcal rise of t\vo and one-half (2 lI1ches for
each twelve (12) inches of horizontal run:
(D) The exterior material is of a color, matenal and scale comparable WIth those existing in
resldenwll site-bull!. slI1gle famlly construction:
(E) The home shall have a non-reflectIve roof materIal that IS or SImulates asphalt or wood
shmglcs, tlle, or is a standing seam residential grade stee I ma terial, or rock;
(F) The home shall be placed on a continuous permanent foundation and have wheels, axles,
transporting lights, and removable towing apparatus removed, and
(G) The home shall meet and maintain the same standards that are uniformly applied to all single-
family dwellings in the zoning distTict.
(H) Permanent foundation: continuous perimeter base on which building rests to be constructed
from either poured concrete, laId masonry block, brick or all-weather wood foundation on a
footing to be placed a minimum of thirty-six (36) inches below the final ground level.
DwelJil1C. Sincle-Family (Attached) shall mean a one-famIly dwelling unit that is attached to one
additional single-family dwellmg. Said dwelling units are separated by an unpierced conm10n wall tlmlUgh
the stTucture that also sits along the property line separating ownership of the structure.
DwelJinc, Two (2) Family shall mean a building designed or used exclusIvely for the occupancy
of two (2) families living independently of each other and having separate kitchen and tollet facilities far
each family.
Dwellinc 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
physically 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 collegiate levels,
including graduate schools, universities, .Junior colleges, trade schools, nonprofit research institutions and
religious institutions. Suchinstit1ltions 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.
Eleemosynary Institution shall 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,
Enlarcement shall mean the expansion of a buildmg, structure, or use in volume, size, area,
height, length, width, depth, capacity, ground coverage, or in number
Environmentally Controlled Housinc shall mean any livestock operation meeting the definition
of a LlVl~stock feeding Operation (LfO) and is contained withm a buildmg whIch ]S roofed, and mayor
111ay not have open SIdes and contains noors which are hard surfaced, earthen, slaned ar other type of noar.
The facility is capable ofmamtainmg and regulating the environment in \\hlch the livestock are kept
Erected shall mean constructed upon or moved onto 3 SHe.
Existinc and Lawful shall 111ea11 the use of a building. structure, or land was m act1lal existence,
opera!JolL and use, as compared to the use bemg proposed. contemplated, apphed for, or m the process of
bemg constructed or remodeled In additIOn, the use must either have been permitted, authOrIzed. or
P3ge 36-11
Cirand Island City Code. 2002 Edl\lOn
allowed )y/ law or am other applIcable regulation prior to the enactment of a zonll1g regulation \\hen first
adopted or permitted. authonzed or allowed by the prC\"lOllS zoning regulatIon prior to the adoption of an
amendment to that 10111ng regulatIon.
Expresswav shall mean a street or road that provldes fast and effiCIent movement oC large
\olumcs of vehicular traffic between areas Jnd docs not provide dIrect Jccess to property.
Exterior building component shall mean an essenllal and VIsible part of the e:\tenor of a
bullding
External design feature shall mean the general anangement of any portion of a building, sign.
landscapll1g, or structure and including the bnd, color, and texture of the materials of such portion. and the
types of roof, windcl\vs. doors, lights. attached or ground signs, or other fi:\tures appurtenant to such
portions as will be open to public view 11'om 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 zonlllg and building regulations and is nercising such
powers.
Facade shall mean the exterior wall of a buildinge:\posed to public view from the building's
exterior.
Factor\' shall mean a structure or plant wi thin which something is made or manufactured from
raw or partly wrought matenals into forms suitable for use.
Familv shall mean a household head and one or more persons related to the head by blood,
maniage or adoptIOn living together in a smg1e 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 l!1clude the
feedmg of garbage or offal to swine or other animals.
Farming 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
(eeding of lIvestock as prescnbed hereundeI', 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 outbUlldings and barns existed as of August 1, 2004.
and \\'as used for single-family resident purposes.
Feed Lot shall mean the confinement of horses, sheep, pIgS, and other food al1lmals 111 buildings.
lots. pens. pools or ponds which normally are not used for raismg crops or for graZll1g animals
Fence shall mean a smlcture serVll1g 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 111 open spaces which affords direct \'icms tlu'ough the fence.
113) Fence, Solid shall mean any fence that docs not quahfy as an open fence.
Flood see definition in ~36-128 of this chapteI',
Flood Plain see defininon in ~36-128 of this chapter.
Page36-12
Chapter 36 c ZonIng
Floodwav see defulltlon 1I1 ~36-] 28 of tlllS chapter
Floor Area \\'henever the term "floor area" is used in tIllS chapter as a basis for reqUIring ofT-street
parkll1g for anv structure. it shall be assumed thaL unless otherwise stated, said !lour area applies not only
to the ground floor area but also to any additional stones of saId structure. All hOrizontal d1l11enSlOns shall
be taken from the exterior faces of walls.
Food Sales shall mean establishments or places of business prIma!!ly engaged 111 the retail sale of
food or household products for home consumption TYVical uses include grocerIes, delicatessens, meat
markets, retail bakeries. and candy shops.
Frontag:e shall mean that portIon of a parcel of property wl11ch abuts a dedIcated publIc street or
highway.
Garag:e. Private shall mean a detached accessory building or a portion of a mam building on the
same lot as a dwellingfor the housing of vehicles of the occupants of the dwelling, including CaIl'orts.
Garace. Public shall mean any garage other than a private garage.
Garace. 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).
Garbag: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 electTOnicarms.
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 sha]] 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
alTangements for off-site delivery to customers, cold storage of flowers or dry storage of materials used for
agricultural or horticultural purposes.
Greenway shall mean a parcel or parcels of land, together with tbe improvements thereon,
dedicated as an easement for access and/or recreation; usually a strip of land set aside for a \valkway,
bicycle trail, bridal path, or other similar access-way.
Ground Cover shall mean plant material used in landscaping which remains less than twelve (l 2)
inches ll1 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 111 a residentIal setting
Group Home for the Disabled shall mean a d\velling with resident staff shared by four or more
handicapped persons who hve together as a single housekeeplI1g unit and in a long term fanlily~like
environment in which staff persons provide care, education, and partIcipation in COnill1ll111ty activities for
the reSidents with the primary goal of enabling the reSIdents to live as ll1dependently as possible m order to
reach their maximum potential. As used herem, the term "disabled" shall mean havll1g:
i\ physical or menta] Impamnent that substantially limits one or more of such person;s major
life activities so that such person IS mcapable of 11\'lI1g II1dependently:
(B) /\ record of ha\'ing such an impaIrment: or
(C) Being regarded as havmg such ImpaIrlllenr
Handicap shall not ll1clude CLment, illegal use of or addiction to a controlled substance as defined in state
Page 36-13
Grand Island Clly Code. 2002 Echllon
statutes.
Group Housing shall mean two or more separate buildmgs on a lot. each conraming one or more
dwelling units.
Guest Room shall mean a room \\hlCh IS deslgned to be occupied by one (l) or more guest for
sleepmg purposes. havmg no kitchen facllltlcS. not mcluding don11ltories.
Half-Ston' shall mean a story under a gable. 111p or gambrel roof. plates of WhlCh are not more
than three (3) feet above the lloor of such story.
Halfway House shall mean a liccnsed home for indi\iduals on release from more restrictive
custodial confinement or mitia]ly placed in lieu of such more restnctive custodial confinement.. lJ\mg
together as a smgJe housekeepll1g UJ1lt. wherein supervlsion. rehabilitation and counseling arc provided to
mainstream residents back into soclety. enabling them to live independently.
Hard Surfaced shall mean any surface used for movement of vehicular and! or pedcstnans \vhich
is properly designed and paved with a permanent t)1Je, dust-free surface such as asphalt, concrete, or
paving brick.
H armoll\' shall mean a gnality that represents an appropriate and congruent arrangement of parts,
as in an arrangement of vaned architectural and landscape elements.
Hazardous Waste shall mean waste products of industrial or chemical process Including finished
SUI1J]us, 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.
Hedge shall mean a plant or series of plants, shrubs or other bndscape material, so arranged as to
form a physical ban-ier or enclosure.
Heicht of Buildin2, see definition of Building Height herein.
Holdin2 Pond shall mean an impoundment made by constructing an excavated pit, dam,
embankment, or combination of these for temporary storage of hquid livestock wastes.
Home for the Aged (see Long-Term Care Facility)
Home Improvement Center shall mean a facllity 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
operatll1g li'om a residential dwellmg witbin the extra-terntorial jurisdiction of the City of Grand Island.
Home occupations are considered accessory Llses 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 pllIvose of oW1ling, operating, and
maintaming various CO/11]]]on properties and facilities.
Hotel shall mean a building or portion thereof; or a group of buildings. offering transient lodging
accommodations on a dally rate to the genera] public and providing serVlces associated with restaurants,
meeting rooms. and recreational facilities. The word "hotel" includes motel. inn. automobtle court motor
mn, motor lodge, motor court, tourist court, motor hotel.
Household Pet sha1l mean an anIma] that IS customarily kept for personal use or enjoyment within
the home. Household pet shzlll include but not be limitcd to domestic dogs, domestic cats, domestic tropical
birds, fish. and rodents
Housing for the ElderlY shall mean a multi-family stmcture, controlled by enher a public entity.
pm;ate for proflt, ll1stitutional body, or non-profit corporatlon. The factlity houses predominantly persons
62 years of age or older.
Page 36-J..)
Chapter .'6 c Zonmg
Impervious Surface shall mean a surface that has been compacted or covered with a laver of
matcrial making the surface highly resistant to infdtration by water, such as rock, graveL or clay and
convcntionally surfaced streets, roofs, sidewalks, parking lots, and dnveways.
Incidental Use shall mean a use, which is subordinate to the 111all1 use of a premise.
Independent (restricted) Housing shall mean a residential facdity limited to persons 62 years of
age or ovcr, or dIsabled persons.
Industrv shall mean the manufaet11re, fabrication, processing reduction or destruction of any
arocle, substance or commodity, or any other treatment thereof I!1 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.
Inrill Development shall mean the construction of a buildmg or structllIe on a vacant parcel
located in a predominately built up area.
Infill Site shall mean any vacant lot, parceL or tract of land \vithin 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 Building 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 refening 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 arc less compatible with 100ver intensive uses.
Intent and Purpose shall mean that the Conm1ission and Council by the adoption of this
Regulation, have made a finding that the health, safety, and welfare of the 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 wom-out, cast-off, old, or discarded articles of scrap, copper, brass, iron, steel,
rope, rags, batteries, paper, trash, rubber, debns, waste, dismantled or wrecked automobiles, or parts
thereof, and other old or scrap fenous or nonferrous material.
Junk Yard shall definition of Salvage Yard herein.
Kennel, Boardinl:! and Training 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 thercof, 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
al11mals over six months of age for personal enjoyment of the O\\l1er or occupants of the property, and for
which conU11ercial gain is not the primary objective.
Lagoon shall mean a wasteviater 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 cnteria 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 \vastes in a manner 1h,}(
minimizes en\1ronmental hazards Il1 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 stnlctures.
Landscaping shall include the origmal planting of suitable vegetatlOl1 111 conformitv \\1th the
reqUIrements of this Regulation and the contml1cd maintenance thereof.
Page 36-15
Grand Island City Code. 2002 Editlon
Large Box Retail shall mean a smgular retail or wholesale user that occupies no less than 30.000
square feet of gross floor area. These uses typically include: membershIp wholesale clubs emphaslZlng in
large bulk sales, discount stores. pharmacIes, grocery stores. especially warehouse style point oC 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 facllity for the tTansitional residency of the elderly and/or disabled
persons, progressing from independent living \0 congregate apartment living where residents share
common meals and culminating in full health and continuing care nursing home facility. (Also, see
Congregate Housing and ]-Iousmg for the Elderly.)
Light Cut-Off Angle shall mean an angle from vertical, extending dowmvard from a IUl11ll1anes,
which defines the maximum range of incident illuminatIOn outward at the ground plane.
Limits of Grading 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 Storage 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 Feeding Operation (LFO) shall mean any famling operation exceeding the per acre
Animal Unit (A.U.) ratio as defined under "farming" or the feeding, fZlITowing, 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, conals, 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 lf they
utilize a common area of system for the disposal of livestock wastes. Animal Units (AU.) are defined as
follows:
One (1) A. U. = One (1) Cow/Calf combination
One (1) A.U.= One (1) Slaughter, Feeder Cattle;
One (1) A.U.= One-half (1/2) Horse;
One (l) A. lJ.= Seven Tenths (.7) Mature Dairy Cattle:
One (1) A.lJ.= Two and One Half(2.5)Swine (55 pounds or more):
One (1) /\..U.= Twenty Five (25) Weaned Pigs (less than 55 pounds);
One (1) A.U.= Two (2) Sows with Litters;
One(I)A.U.=Ten(lO) Sheep;
One (1) AU'~ One Hundred (100) Chickens;
One (1) AU.= Fifty (50) Turkeys:
One (1) A.u.~" Five (5) Ducks.
Livestock \Vastes shall mean animal and poultry excreta and associated feed losses. bedding,
spillage. or overflow from watering systems. wash and flushing waters, spnnkling waters from livestock
cooling. precipitZltion polluted by fZllling on or t10WlI1g onto a livestock operation, and other materials
polluted by livestock or their direct product.
Loading Space shall mean an off-street space or berth on tbe same lot with a main building, or
COlJ\Jguous to a group of buildings, for tbe temporary parking of conm1erClal vehicles while loading or
unloZlding, and which abuts a streCL alley. or other appropriate means of ingress and egress.
Logic of Design shall mean accepted principles and criteria of validity in the solution of the
problem of design
Page36-16
Chapter 36 c Zoning
Long-Term Care Facility shall mean J fJcilJty JS defined In Title 15. CllJpter _~ \'ebraska
Department of Health and Human Sernces and \eb. RC\. StaL Secllon 71-2017.01. These facilities
inc lude
\urSll1g facIlities
Boardmg home
Adult Care Home
ASSisted Livll1g 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 spJces herein required, that has frontage upon a street, and is a pan 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-parcelmg map as filed m the office of the
County Register of Deeds and abuttmg at least one (l) 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 thllty-five (135) degrees. If the angle is greater than one hundred thirty-five
(135) degrees, the lot shall be considered an "Interior Lot".
Lot Coverage 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 Il1tended 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 lmcs.
Lot. Double Frontage shall mean a lot having a fiontage on two non-intersecting streets as
distinguished from a corner lot.
Page 36-17
Grand lsland Clt\ Code. 2002 Ediuon
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Lot. Flag shall mean a lot with frontage and access prOVIded to tbe 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 ]111e parallel to the street.
Lot. Frontage shall mean the side of a Jot abutting on a legally accessible street right-of-way
other than an alley or an U!1lmproved COUllty road. For the purposes of this definition. on corner lots, all
sides of a lot adJacent to streets or roads shall be considered frontage.
Lot. Key shall mean a lot: (1) abutting the entllT 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 corner lot.
Lot Line shall mean the property 1ll1e bounding a lot.
(A) Lot Line. Front shall mean the property l111e abutt111g a street.
(B) Lot Line. Rear shallmcan a lot line not abuttlllg a street which is opposite and most dIstant
from the front lot 1111e.
(C) Lot Line. Side shall mean any lor ]111e not a fj'ont lot line or rear lot line.
Lot. :\'onconforming shall mean a 10] ha\ing less area or dimension than rhat required m the
dlstllct in whICh it IS located and whIch was lawfully created pliOI' to the zoning rhereof \vhereby the larger
area or dimension requirements were established, or any lot, other than one showl1 on a plat recorded 111 the
office of the Hall Counry Register of Deeds. \vhich does not abut a public road or public road right-of-way
and whIch was lawfully created.
Lot Through shall mean a lor havmg hontage on two (2) dedicated streets, not including a comer
lot.
Lot of Hecord shall mean a lot held in separate o\\ncrs]lIp as sho\\n on rhe records of the Hall
Count\ RegIster of Deeds at the time of the passage of 3 regulation or regul3rJOn estabhsh1l1g the ZOllll1g
dlsrllct m \\hlch the lot IS located.
Page 36-] S
Chapter 36 c
Lot \Yidth shall mean tbe average horizontal distance between the side lot line, measured at right
angles to the lot depth at a point 111ld\\ay bet\\een the front and rear lot Ill1es.
\Ianufactured Home Park shall mean a parcel of land under single ownership that has been
planned and nnproved Cor the placement of manufactured housll1g used or to be used for dwellll1g purposes
and where manufactured home spaces are not offered for sale or sold. The tem1 "manufactured home park"
cloes not include sales lots on which new or used manufactured homes arc parked for the purposes of
storage. Il1speetion, or sale.
Manufactured Home Subdivision shall mean any area, piece parcel, tract or plot of ground
subdivided and used or mtended to be used for the pUl1)ose of sellll1g lots for occupancy by manufactured
ho me s.
l\Ianufaeturing shall mean Llses pnmarily engagedll1 the mechanical or chemical transformatlCln
0, materials or substances Il1to new products. These uses arc usually described as plants, factories, or mills
and characteristically use power driven machines and materials handlll1g equipment. Uses engaged II1
assembling component parts of manufactured products are also considered manufacturing if the new
product is neIther a stTllcturc 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.
\Iap. Of/kial Zoning shall mean a map delineating the boundaries of zoning districts which,
along with the zonmg text, is offiCially adopted by the Grand Island City Council as "The Official Zoning
1\1ap of the City of Grand Island, Nebraska."
l\Jassage 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 \vithout the use of therapeutic, electrical, mechanical, or bathing devIce. Said establishment shall comply
with all state regulations.
Massage 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-Storage or Mini-Warehouse (See Self-Service Storage Facillty.)
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 wans,
kennels. transformers, drive-up facilities.
l\lixed Use shall mean propertIes where various uses, such as office, C0l11I11erciaL instItutional,
and residential, are combined in a sll1g1e building or on a single site in an integrated development project
with significant functional interrelationships and a coherent physical design.
;\lobile Home Park (See Manufactured Home Park.)
\lobile Home Subdivision (See Manufactured Home Subdivision.)
l\lonotonv 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.
:'>ebraska Revised Reissued Statutes, 1943 and the abbreviated term .'\ebr R. R. S.. 1943 are
one and the same.
Nightclub shall mean a commerCIal establIshment dispensll1g beverages for consumption on the
pren1lSes and in which dancll1g is penl1ltted or enterramment IS pro\'lded, except as defined under Adult
Cabaret (Also, see BaL)
:'>on-Agricultural Land sballmean any tract. parcel or lot that is used for any purpose that does
not meet the definition of /\.gllcu]ture 111 tl1l5 sectIOn.
Page 36-] 9
Cirai1d Island Cm Code, 2002 EdltlOn
.'\ol1-C0ll11l111I1it\ \Vater SlIppl\ S\stem shall mean any public watcr supply svstem that 1S not a
corT1111unIty watc!" supply system.
.'\on-Col1formil1~ Builclil1~ shall mcan a b1llldmg or portlOn thereof whIch lIas lallful \\hen
establIshed but which docs not conform to subsequently estabhshed zOnIng or zOlllng regulatIons
I\on-Conforll1ing {:se shal1 mean a use lawful when established but which cleJCs not conform to
subsequently established ?:oning or zOl1lng regulation.
.'\on-Farm Buildings arc all buildmgs except those buildings utilIzed for agrIcultural purposes on
a farmstead of (wenty acres or more \vhlch produces one thousand dollars or more of farm products each
vear.
l\'urserv shall mean the use of a premises for tlle propagation, cultivation, and growth of trees,
shrubs, plants, I'mes, and the like from seed or stock, and the sale thereof, and including the sale of trees,
shrubs, plants, VlI1es, and the like purchased elsew'here and transplanted into the soil of the premises. In
connection \Vllh 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 plams may be sold.
Nursin~ Home see Congregate Care Facility
Nursen' School see Preschool
Office shall mean a building or a portion of a building wherein services are performed iJ1\'olving,
primanly, administrative, professional, or clerical operations.
Official !\fap (See Map, Official Zoning DistTict)
Off-Street Parking Area or Vehicular t;se 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 tor 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 LIse 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 II1dividually 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 Rightscof-
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 Jot 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 arc
limIted within the subdi\'ision agreement and/or plaL
Overlay District shall mean a district in which additional requirements act in conjunction with the
underlymg zonmg 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 111 question.
Paintball shall mean all guns and other del'lces llsed for the purpose of firing pellets containing a
latex pamt at a person or target.
PaintbaJI Course. Commercial shall mean a commercial recreational park containing obstacle
courses for the purpose of staging paintball baltIes Said faCIlity generally collects a fee, either as
membershIp or on a viSIt by \islt baSIS, that allows ind1\iduals 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 pub!Jc or pri\ate land available for recreatIOnaL educationaL culturaL or
aesthetic llse
Page 36-20
Chapter 36 c Zoning
Parking Area. Private shall mean an area, other than a street, used for the parkll1g of motor
vehIC les capable of movlI1g under then own power and restricted from genera] public use.
Parking Area. Public shall mean an area. other than a private parkll1g area or street used for the
parkmg of vehic les capable of mOVlng under their o\\n power. either free or for remuneration.
Parking 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 I1lne (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 \york required by this chapter will be completed in comphance \yith 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 masonry
rock, brick, or all-weather wood and placed on a footing located below ground level to a point below the
lI-oSl line upon which a building or structure is permanently attached.
Permanent TreeProtectioll 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 Vnit Development shall mean a development designed to provide for an unusual or
different anangement of residential, business, or industrial uses in accordance with an approved
development plan.
Planning Commission shall mean the Hall County Regional Planning Commission.
Plant Materials shall mean trees, slmlbs, vines, ground covers, grass, perennials, annuals, and
bulbs.
Plat shall mean a map showing the location, boundaries, and legal description of individual
properties, including st.reet rights-of-way, public utility easements, etc.
Polin' shall mean a statement or document of the City, such as the comprehensive plan, that forms
the basis for enactmg legislation or making decisions.
Poultrv, Commercial Feeding shall mean a poultry commercial feed lot, whether the confined
feeding operations are enc losed or outdoors.
Premises shall mean a tract of land, conSisting of one lot or inegular tract, or more than one lot or
Irregular tract, provided such lots or tracts arc under common 0\\11ership, contiguous, and used as a single
tract. A building or land within a prescribed area.
Preschool shall mean an early childhood program which provides primanly 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 sen'cs less than twenty-five (25) mdividuals
Prohibited CSt shall mcan any use of lanel. other than nonconforImng, which is not lrsted as a
permJtteduse or conditional use within a zoning district.
Proportion shall mean a balanced rclationship of parts of a bUlld1l1g, landscape, structures, or
burldings to each other and to the \\hole.
Page 36-21
Grilnd Island City Code 2002 Ednion
Protected Zone shall mean all lands that fall outsIde rhe buIldable areas of a parcel, all areas of a
parcel required to remal11 in open space, and or all areas reqUlred as landscapmg strips according to the
prO\'\SlOnS of this chapter.
Public Ctilitv shall mean any busmess which furl11shes the general public telephone selyice.
telegraph service, electTiclty, nanlral gas. \\ater and sewcr. or an\' other busmess so affectmg the publIC
interest as to be subject to the supervision or regulatlOn by an agency of the state or federal govemment.
Public Water Suppl\' shall mean a \\ater 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-flve individuals. Tlm definition shall include' (l) 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 pretTeatment storage facilities not under such control whIch are used
primarily 111 the connection with such system.
Railroad shall mean the land use including the right-of-way (R.O.'vV.) abutting railroad properties
occupied by uses pertinent to the railroad operation and maintenance, but not including propertIes owned
by the rallroad and leased for use by others.
Recreational Facilitv shall mean facilities for the use by the public for passive and act1\T
recreation includmg tennis, handball, racquetball, basketball, tTack 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, recreatJOnal 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 o\vn power or designed to be mounted on or
drawn by a motor vehicle. Recreational vehicle includes motor home, tTuck camper, travel trailer, camping
tTailer. and fifth wheel.
Hecreational Vehicle (RV) Park shall mean a tract of land upon which two or more recreational
vehicle sites are located, established, or maintained for occupancy by recreatlOnal vehicles of the general
public as temporary living quarters for recreation or vacation purposes by campers, vacationers, or
tI'avelers.
Residence shall mean a building used, deSIgned, or intended to be used as a home or dwelling
place for one (I) or more families.
Restaurant shall mean a public eating establishment at which the primary Junction 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 withlI1 motor vehicles for consumptlOn 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 electw!1Ic and
mechanical games of skill, simulation, and virtual reality, play areas, VIdeo arcades or similar uses.
billiards, and other forms of amusement.
(C) Resta urant. Fast Food shall mean an establishment whose principal business is the sale of
food and/or beverages in ready-to-eonsume indi\'idual servings. for consumption either withm the
establ1shment. for carryout. or drive-lIl; and where food and'or beverages are usually served in
paper. plastiC, or other disposable containers.
Retail Trade shall mean uses prImarily engaged III selling merchandise for personal or household
consumption and rendenng services IIlcldental to the sale of goods. Lses engaged in retail trade sell
merchandise to the general publ1c or to households for personal consumptIOn.
Page 36-22
Chapter 36 c Zonmg
Retention Cell shall mean a pond, pool, or basll1 used for the permanent storage of stormwate1
nmo t1'.
Revcrsc Spot Zoning shall mean an arbItrary zoning or rezoning of a small tract of land that IS
not consistent with the comprehensJ\e land use plan and that uniquely burdens an indindual owner largclv
to secure some publIc benefit. Reverse spot zonll1g usually results from downzonmg a tract of land to a
less ll1tensive use classlf1cation than that imposed on nearby propertIes.
Rczoning shall mean an amendment to or change 111 the zoning regulations either to the text or
map or both.
Rezoning. Piecemeal shall mean the zoning reclassification of indiVIdual lots resulting in
uncertainty in the future compatible development of the area.
Right-of-Wav shall mean an area or strip of land, either publIc or private, on which an inevocablc
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".
Hoad. Private shall mean a way, other than driveways, open to vehicular ingress and egress
estabhshed for the benefit of certain, adjacent properties. (Also, see right-of-way and StreeL)
Hoad. rublic shall mean a publIc right-of-way reserved or dedicated for street or road traffic.
(Also, see right-of-way and Street.)
Room shal1 mean an un-subdivided portion of the interior of a dwelling unit, excluding bathroom,
kitchen. closets, hal1ways, and service porches.
Salvaee Yard shall mean any building, lot, yard or premise used for the col1ection, 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 \vaves.
Scale shall mean a proportional relationship of the size of parts to one another and to the human
figure.
Schoo\. Day shall mean a preschool or nursery schoo] for children.
School, Day. Pre-, or Nursery shal1 mean a school or center for chIldren under school age,
whether licensed as a day care center or not, shal1 be approved by the Nebraska State Fire Marshall as
being in safety conformance with the National Fire Protection Association, Pamphlet 1 0 I, known as the
Ufe Safety Code and shall be approved by the Nebraska Department of Health and Welfare as meetmg
their health and welfare standards.
Screening shall mean a structure or planting that conceals from view from public ways the area
behind such structure or planting.
Selective Clearing 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
facilitles available for the sale of other retal] products.
Self-Service Storage Facilitv shal1 mean a building or group of buildings containing individual.
compartmentahzed, and controlled access stalls or lockers for storage.
Separa te Ownership shall mean ownership of a parcel of land by a person who does not own any
of the land abutt111g such parcel.
Service Stations shall mean buildll1gs and premises where the primary use tS the supply and
dlspensmg at retail of motor fuels, lubncants, batteries. tires, and molar vehicle accessories and where light
maintenance activlties suc h as engine tune-ups, lubncations, and washing may be conducted, but not
1l1cludmg hea\'y mamtcnance and repair such as engme overhauls, painting, and body repal!'
Page 36-23
Gr3nd Isl3nd CItv Code. 2002 Ediiioll
Setback Line. Front Yard sh3J] me3n the Ime which defines the depth of the required front Y3rd
S3Jd setb3ck Ime sh3]1 be paralic] with the right-of-wav hne or highway setback line \\hen one has been
estabhshcd.
Setback Line. Rear 'lard or Side Yard shall me3n the Ime \\h1ch defines the \\Jdth or depth of
the reqUlred rear or side yard. Said setback Jme shall be parallel with the propeny lme. removed therefrom
by the perpendicular dlstance prescribed for the yard in the distncl.
Shopping Center shall mean a group of commercia] establishments p]anned. constructed. and
managed as a total entIty WIth customer and employee parkmg prO\'lded on-site, provisions for goods
dehvery that is separated from customer access, aesthetlc considerations. and protection from the clements.
Shopping 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 inchvidual buildings on
their own lots, with or without on-site parkll1g and small linear shopping centers \vith shallow on-site
parkmg in front of the stores.
Shopping Center. Outlet shall mean a commercia] 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 eatmg or drinking establishment
located adJacent to the public pedestrian walkway and used exclusively for dining, dnnking, and pedestrian
clrculation. The area may be separated from the public sidewalk by railings, fencing, or landscaping or a
combination thereof.
Sight Triangle is an area at a street intersection in which nothing shall be erected, placed, planted,
or allowed to grow in such a manner as to materially impede vision. The area and restrictions of the sight
triangle are further defined in Chapter 32 of this code.
Sil?;n Base shall mean any decorative, functional clement 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 slte 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 m 1ll1ear fashJOn.
Skate Park shall mean a recreational faciljty contaming skateboard ramps and other obstacle
courses and devices for use with skateboards and ll1-lme skates.
Skateboard shal] 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 ova!. that
are deSigned and principally ll1tended to pe111llt persons on skateboards to move COJ1tll1uously from one side
to the other.
Skateboard Ramp sha]1 mean an outdoor structure with an upward inclined surface. essentially
one of the sides of a pipe, which are deslgned and prmClpally Intended to permit persons on skateboards to
move flOIl1 horizontal to verlical and back to honzontal.
Page 36-24
Chapter 36 c Zonillg
Sludue shall mean solids removed from sewage durmg wastewater treatment and then disposed of
bv incineration, dump1l1g. bunaL or land applIcatIOn.
Solid Waste shall mean waste matenals consist1l1g of garbJge, trash, refuse, rubble. sewage. offaL
dead anunals. or palmchmanure.
Specified Anatomical Areas shall mean anatomical areas conslstmg 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 Acti,'ities shall mean sexual activities prohibited by state law.
Spot Zoning shall mean an arbitrary zoning or rezoning of a small tract of land that is not
consistent with the comprehensive land use plan and primarily promotes the private interest of the owner
rather than the general welfare. Spot zoning usually results from an upzolllng to a more intensive use
classification.
Standard System shall mean a sewage treatment system employing a building sewer, septic tank,
and a standard soil absoq)tion system
State shall mean the State of Nebraska.
Storage shall mean the keeping, in a roofed OF unroofed area, of any goods, junk, matenal,
merchandise, or vehicles on the same tTact or premises for more than thirty (30) days.
Storm Drain shall mean a conduit that canies 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 \vells, or
any combination thereof. Said detention shall be designed by a licensed professional engineer and approved
by the City.
Storrnwater Management shall mean the collecting, conveyance, channeling, holding, re.taining,
detaining, infiltrating, divening, treating, or filtering of surface water, or groundwater, and/or runoff,
together with applicable managerial (non-structural) measures.
Stormwater Runoff shall mean sUqJ]us surface water generated by rainfall that does not seep into
the earth but flows over land to flowing or stagnant bodies of water.
Star\', 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 stTeet 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 111 the Comprehensive Development Plan.
Street. Curvilinear shall mean local stTeets that deviate from straight alignment and change
direction without shaqJ corners or bends.
Street. Local shall mean a street designed for local traffic that provides direct access to abutting
residential. commercial, or industTial properties.
Street. Looped shall mean a continuous local street without intersecting streets and having its two
(2) outlets connected to the same street.
Streets. I\Iajor shall mean a street or highway llsed primarily for fast or lngh volume traffic,
including expressways, hee\\ays. boulevards, and arterial streets as designated in the ComprehenSive
Dewlopment Plan.
Street. Pri,'ate shall mean an open, unoccupled space, other than a street or alley dedicated to the
public, but permanently' established as the pnncipal means of vehicular access to abutting propemes. The
term "printe street" ll1cludes the tcTI11 "place."
Page 36-25
(Jrand Island Cny Code, 2002 EditIOn
Street. Side shall mean that street boundmg a corner or re\'Crsed corner lot and whIch extends 1Jl
the same general dlrectJon as the ]ll1e determll1ll1g the depth of the ]oL
Street Centerline sha)] mean the centerline of a street right~of~way as established by offiCIal
surveys,
Street Frontage shall mean the distance for wl1ich a lot line of a zone lot adjolTls a pubhcstrcet
fi'om one lot line intersecting sald street to the furthest distant lot lme mtcrsecting the same street
Street. Frontage Access shall mean a street paralld and adjacent to a major street major inter-
regional highway, or major collection road and primarily for service to the abutlmg properties, and being
separated from the major street by a di\iding strip,
Street Hardware shall mean man-made objects other than buildings that are part of the
streetscape, Examples are: lamp posts, utIlity poles, tTaffic signs, benches, litler containers, p]antmg
containers, letter boxes, fire hydrants
Street Line sha)] 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
misce llancous st11lctures,
Structure shall mean anything constructed or built. any edifice or building of any kind, or any
piece of work artificially bullt 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
sW1l11I1ung and wading pools and covered patios, signs and towers, excepting outdoor areas such as paved
areas, walks, tennis courts, and similar recreation areas,
Structure, Temporarv 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 \Vaters 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 \vithin or bordering upon the state,
Tanning 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
estabhshrnent
Tattoo Parlor / Bod v Piercing Studio shall mean an establishment whose principal business
activity is the practIce of tattoomg and/or piercllJg the body of pay'ing customers,
Tavern (See B31,)
Temporary Use shall mean a use intended for limited duration to be located in a zoning dIstrict
not permllting 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 recel\ed and no audIence panicipation or meal
serVlce,
Tower see definition in ~ 36-169 of this chapter.
Tonnhouse shall mean a one-family dwellmg Ul1lt, \\ltb a prIvate entrance, wl11ch part of a
structure \\'hose (h\elling units are attached horizontally m a linear arrangement and havmg a totally
exposed Cront and rear wall to he used for access, I1ght, and ventilation,
Page 36-26
Chapter 36 c Zonmg
Trailer. Automobile see dej~nilion in ~22-1 of this code.
Truck Repair shall mean the repair. includmg major mechanical and body work. stra1ghtening of
body parts, pamtll1g, weldlllg. or other work that may mclude n01se glare, fumes, smoke, or other
characteristIcs to an extent greater than normally found 111 gasohne service stations. of trucks ha\lng a
haulmg capacity of over one (1) ton and buses but excludmg pickups and other vehiclesdeslgned for the
transport of under eIght (8) passengers.
Upzoning shall mean a change in zoning classification of land to a more intensive or less
restriclive distnct such as iI-om residential distnct to commercial district or from a slllgle family residentlal
dIstrict to a multiple family res1dential dIstrict.
Use shall mean the purpose or activity for which land or buildings are designed, arranged, or
Il1tended or for which land or blllldings are occupied or maintained.
Use. Best shall mean the recommended use or uses of land confined 111 an adopted comprehensive
plan. Such use represents the best use of public facihties, and promotes health, safety and general welfare.
Use. Highest 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 ret11m on ll1vestment.
Use. Permitted shall mean any land use allowed without condItion within a zoning district.
Use. Principal shall mean the main use of land or stmct11re, as distInguished from an accessory
use. (Also, see Building, PrincipaL)
Use. Prohibited shall mean any use of land, other than nonconforming, \vhich is not listed as a
pem1itted 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.
t'tilities, Oyerhead or Underground "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 Underground "Transmission Line. Supply Line. 'Vholesale Carrier or
Trunk Line, IVlain 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.~
('Witv Service shall mean any device, mcluding wire, pipe, and conduit, which canies 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.
Vegetation shall mean all plant life: however. for purposes of this chapter it shall be restricted to
mean trees, shrubs, and vmes.
Vehicle shall mean every device in, upon, or by \vhich any person or property IS or may be
transported or dra\\n upon a hlghway. excepting devices moved solely by human power or used exclusively
upon statIOnary rails or tracks.
\' chicle. \Iotor (See Iv] otor V chicle.)
'''arehol1sc shall mean a bUlldmg used prlmal'lly for the storage of goods and materials.
Page 36-27
Cjrand Island City Code. 2002 EdIllOn
\,"arehouse and Distribution shall mean a use engaged 111 storage. wholesale, and distributIon of
manufactured products, supplies. and equIpment
'Waste Handling Svstem shall mean any and all systems. pubhc or pnvate. or COl11blllation of said
srructures intended to treat human or liH'stock excrement and shall mclude thc fl,llo\vIng types of systems:
(A) Holding pond shall mean an impoundment made by constructing an excavated pIt, dam.
embankment or combinatlon of these for temporary storage of liquid livestock wastes, generally
receiving runoff from open lots and contributIng drallJage area.
(B) Lagoon shall mean an impoundment made by constructing an excavated pit, dam,
cmbankment or combination of these for treatment of liqUId livestock waste by anaerobic, aerobic
or facultative digestion. Such impoundment predominant)y receives waste from a confined
livestock operation.
(e:) Liquid manure storage pits shall mean earthen or lined pits located wholly or partially
beneath a SeIm or totally housed hvestock operation or at some removed location used to collect
waste production.
(D) Sediment shall mean a pond constmcted for the sole purpose of collecting and containing
sediment.
Wastewater Lag: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,
inigation systems, dramage 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.
\Vetland 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.
'Vholesale Establishment shall mean an establishment for the on-prenuses 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, conmlercial, 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 entelprises apart from their plants for the pmpose of
marketing then 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, instinltionaL farm and professional; and bringing buyer and seller together. In
additional to selling, functions frequently performed by wholesale establishments include maintaining
Illventories 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 promotlOn
such as advertising and label designJ11g.
Yard shall mean any open space on the same lot with a bmlding or a dvvelling group, which open
space is unoccupied and unobstructed from the ground upward to the sky, except for building projections or
for accessory bUlldings or structures permitted by this chapter.
Yard. Front shall mean a space between the front yard setback line and the front lot line or
hlgbway setback line, and extencllJ1g the full width of the lot On corner lots, the front yard shall always be
on the nalTOW side of the lot.
Yard. Rear shall mean a space between the rear yard setback line and the rear lothne, extending
the full wldth of the lol.
Page 36-28
Chapter 36 c Zoning
YaId, Side shall mean a space' extending from the front yard, or from the liont lot line where no
front yard is required bv this chapter, to the rear yard. or rear lot 1111e, between a slde lot line and the sIde
yard setback line.
Zone Lot shall mean a parcel of land 111 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.
Zoning Official shall mean the person or persons authorized and empowered by the city to
administer and enforce the requirements of this chapter.
Zoning District shall mean the same as "District".
Zoning District. Change of shall mean the legislative act of removing one (1) or more parcels of
land from one (1) zonll1g district and placlng them in another zoning distTict on the Official Zoning 1\.lap.
Amcnded by Ordinance No. 8976. effective 06-08-2005
Page 36-29
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Comer Lot Scenarios
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Odd-Shaped Lot Scenarios
~ FJOOl Yon:!
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Example of possible Lot
Configurations and Yard
Page 36-30
Chapter 36 c Zomng
~36-9. Reserved
S36-10. Reserved
936-11. Reserved
936-12. Reserved
936-13. Heserved
Article III. General Provisions
936-14. Planning C'ommission Recommendations
Pursuant to state statutes, it shall be the p1lt1x)se of the PImming CommIssIon to recommend the
boundaries of the various origmal districts and appropriate regulations to be enforced therem
The Commission shall make a prelimlllary report and hold public hearmgs thereon before
submittmg its fmal report, and the City Council shall not hold its public hearings or take action until it has
received the final report of t11e Commission.
936-15. District Hegulations, Restrictions. Boundary Creation
No such regulation, restriction, or boundary shall become effective until after a public hearing III
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 III a paper of general circulation in the
CIty at least one (1) time ten (10) days prior to such hearing.
936-16. Jurisdiction
The proviSIons of this chapter shall apply within the cOllJorate lImits of the City of Grand Island,
Nebraska, and within the territory beyond said corporate hmits 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.
936-17. Provisions Declared to be lHinimum Requirements
In their inteqJretation and application, the provisions of this chapter shall be held to be mil1lmum
requirements, adopted for the promotion of the public health, safety, morals, or general welfare. \Vhenever
the proviSIOns of this chapter require a lower helght of building or lesser size of yards, courts or other
spaces, or reqUlre 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 pro\'isions 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 stones, 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,
936-18. Zoning Affects Every Structure and Use
No structure 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 III conformity with the regulations herein or as
specified \Vlthin the zoning district in which it IS located, except that any structure damaged or destroyed
may be restored If such structure does not II1vo1ve a non-conforming use.
936-19. Lot
Every structure hereafter erected, reconstructed, converted, moved or structurally altered shall be
located on a lot or lot of record and II1 no case shall there be 1110re than one (1) prmcipal blllldll1g on a lot
unless othen\lseprovided.
Page 36-3]
Grand Island
Code. 2002 Edition
936-20. Reductions in Lot Area Prohibited
Every buildIllg hereafter erected. reconstructed. converted, il1o\'ed or structurally altered shall be
located on a lot ()[' 10l of record and III no case shall there be more than one (I) prinCIpal butldmg on a lot
unless otherwlse pro\'Ided.
936-21. Obstructions to Vision at Street Intersections Prohibited
Obstructions on corner lots that Impede viSIon III the SIght triangle arc prohibited The
requirements of this section shall not be deemed to prohIbit any necessary retai]]]ng wall.
936-22 ,'YardReq uirements
(A) 'y' ard rcqlllrements shall be set forth under the Schedule of Lot, Yard, and Bulk ReqUirements
for each zOlllng distnct. Front, side and rear yards shall be provided II1 accordancc with the regulatlOns
heremafter indicated and shall be unobstructed from the ground level to the sky, except as herein permitted
(13) All accessory buildings that are attached to princ]pal butld1l1gs (e.g., attached garages) shall
comply with the yard requirements of the principal butldmg, unless otherwise specified.
(C) Front 'lard: 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 requued setback or the setback of any existingbui]ding which next
exceeds the required setback, whichever is greater. This regulation shall not require a setback of more than
SO feet.
(D) Side Yard: An)' interior side yard may be reduced to zero: provided, that the opposite side
yard meets the reqUIred mterim side yard setback. Where the zero side yard setback is lIsed, tbe abutting
property must be held under the same ownership at the time of il1ltial construction or the owners of tbe
abutting property must be agreeable to the zero setback. A separation of not less tban 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 stTuctures located on an interior property line, a four (4)
foot maintenance easement shall be recorded between tbe 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 sball run with the land. Proof of said recorded
easement shall be submitted to the Building Department prior to issuance of a building permit.
Amended by Ord. No. 8947, effective] -5-2005
936-23. Through Lots
Through Lots shall follow the following criteria:
(A) Whcre a through lot abuts a major thoroughfare and access is made limn the other frontage
street and access along said thoroughfare is restricted. the rear yard setback for fences and screening
de\'ices shall be zero feet. TIle rear yard setback for accessory buildings shall fClllow the prescribed setback
\\'lthin the zoning distTiet.
iB) \Vhere a through lot is part of a triple frontage lot and abuts a maJO!' thoroughfare. the rear
yare! shall meet the standards of ~36-23(A). while the other two frontages shall be treated as a corner lot
With a hont yard setback and a street side yard setback.
(C) Where a through lot occurs. other than along a major thoroughfare. the follo\ving shall applv:
(1) Where all prinCIpal structures Il1 thcdevelopmenl face the same frontage, then the rear
yard setback for fences and screeIllng shall be zero feet and all accessory bui Idll1gs shall meet the
presCllbed setback withll1 the zol1lng dlStTict. TIllS shall apply similarly at tnple frontage lots.
provided the remaillJIlg two frontages arc treated like it tYl1ical corner lot.
Page 36-32
Chapter 36 c Zonll1g
(2) Where principal structures face different directions along both frontages, the rear yard
setback for fences and screenmg shall be the same as any prescribed rear yard setback within the
zoning district. This shall apply similarly at triple frontage lots, provided the remarmng two
hontagcs are treated like a typical corner lot. All accessory buildings in thIS condition, shall
comply with the minimum rear yard setbacks rather than the reduced setback allowed for
accessory buildings.
Amended by Ord. No. 8947, effective 1-5-2005
~36-24. Reserved
S36-25. 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 [or 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 fi-eestanding signs; arbors and trellises; tlag 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) Buildin? Groupinf!s: For the purpose of the side yard regulation a group of business or
industrial buildings separated by a common party \Vall shall be considered as one ( 1) building occupying
one (1) lot.
Amended by Ord. No. 8947, effective ]-5-2005
~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, except that eaves may encroach tlu'ee (3) feet into a yard when such yard is ten (10) feet or
more in width, provided that such required yard or open space meets the cunent minimum yard standards.
(B) As a part of single and two family residences, open uncovered porches or decks no higher than
the first tloor above grade on the side of the building to which they are appurtenant and in no event higher
than 30 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 ne\v 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 fi'ont yard otherwise meets mimmum
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 tloor. except that on homes with front entryways at first tloor level but
driveway cuts and garage tloors 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 o[the principal structure may be allowed with eaves not to exceed twelve (12) inches.
Page 36-33
Grand Island City Code. 2002 Edition
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) fect to any property line.
(C) Provided further, that no railing or other banier 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 slde 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 corner lot when such yard is twenty (20)
feet or more in width, may be considered as a front yard for purposes of determining perrnitted
encroachments as provided herein.
(D) Ve11ical supports shall meet the City's Building Code.
Amended by OrdInance No 8976, effective 06-08-2005
S36-27. Accessory Building and Uses
(A) Accessory buildings shall not be located within the required front yard setback of the lot and
or vvithll1 an casement.
(B) An accessory building on a comer lot shall have a setback from all public streets equal to or
greater than tIle 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. ]2]9.]55 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:
(l) Accessory buildings shall comply wJtl1 all requirements of this code for the principal
building.
(I) In Agricultural and Residential Zoning Districts:
(l) 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 (IS) feet of the principal building or when any part of the
accessory buildll1g is located m the area between the required front yard setback and a line
eXlendmg 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 offive feet.
(4) Accessory bilildings on lots with a frontage of less than 100 feet shall have a
mInimum SIde and rear yard of two feet.
Paee 36-34
Chapter 36 c ZOl11l1g
(J) No accessory building shall be constructed prior to beg1l1ning construction of the princlpal
building. "\Jo accessory buildmg 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 haw been issued
for such use.
(K) Regulation of accessory uses shall be as follows:
(1) Except as herein provided, no accessory bullding shall project beyond a required yard
lme along any street.
(2) Any accessory building built \vitllin fifteen (15) feet of the principal structure shall
meet all the requirements for the principal structure
936-28. Permitted IVlodifications of Height Regulations
The height limitations of this chapter shall not apply to:
Belfries
Chimneys
Church Spires
Conveyors
Cooling Towers
Elevator Bulkheads
Fire Towers
Water Towers and Standpipes
Flag Poles
Mechanical Penthouses
Public Monuments
Ornamental Towers and Spires
Radio and Television
Towers less than 100 feet in height
Silos
Smoke Stacks
Stage Towers or Scenery Lots
Tanks
Air-Pollution Prevention Devices
Helistop, Heliports, I-Ielipads
When permit1ed in a zoning district, public or semi-public service buildings, hospitals, lI1stitutions, 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 (I) foot of additional building height above the height
regulations for the zoning district in which the building is located.
S36-29. 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.
936-30. 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 sald land or bulldings
shall be in conformity with the provisions of this chapter.
936-31. 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 \York necessary to keep a building in sound condition.
936-32. Nonconforming Buildings and Uses; Change of Use
If no structural alteratlOns are made, a nonconforming use of a building may be changed to a
different use if that use is more conforming 111 nature. No LIse or building shall be permitted to increase the
degree of nonconformity. The principal permitted uses listed under a specific zoning district shall be
imcrpreted to have the same degree of nonconformity in applying this chapter. A residentIal use located 111
an industrial zone shall be interpreted as having a high degree of nonconformity.
Page 36-35
Grand Island City Code. 2002 Edition
936-33. .\onconforming Buildings and Gses: Destruction and Reconstruction
Any nonconforming buIlding which has been damaged by fire, t1ood, 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 confoll11ance 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 l\ve lve months, the use of such land or building shall thereafter conform with the provisions of this
chapter.
936-34. l\'onconforming Buildings and I1ses: Discontinuance or Abandonment
A buIlding, stmct1lfe 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,
\.acant and remains unoccupied or is not used for a continuous period of twelve months, shall be
conclusively presumed to have been discontinued and abandoned as a nonconforming use, and shall not
thereafter be occupied or used except by a use which conforms to the use regulations of the zoning district
in which it 1S located.
Si36-35. Nonconforming Buildings and lIses; Extension of Nonconforming Uses
The city council may, when it deems proper, pemut repairs. alterations. extensions, expansions,
and the remodeling or rebuilding of such sh1Ictures 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 cOlU1cil may attach appropriate conditions to the granting of any
such relief Whenever a use district shall be hereafter changed, any then existing nonconforrrling 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.
936-36. 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.
Si36-37. Reserved
936-38. Reserved
s36-39. Reserved
936-40. Reserved
936-41. Reserved
936-42. Reserved
Article IV. Zoning Districts and Official Map
936-43. Zoning Districts
In order to regulate and restrict the height. location. size and type ofbllildings, smlctures andllses
allowed on land Il1 the City and the area w](hin one mile of the corporate boundaries, the City is hereby
di vided into zOl11ng distncts.
Page 36-36
Chapter 36 c Zoning
S36-~4. Provision for Official Zoning Map
(A) The City is hereby divided into zoning distrIcts. as shown on the Official Zonmg ,\-fap, whIch.
together WIth all explanatory matter thereon. IS hereby adopted by reference and declared to be a part of this
dapter. 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 S36-44 of the Grand Island City Code".
If in accordance with the provisions of this chapter. changes are made in the zomng distnct
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 difTicult to
interpret because of the nature or number of changes and additions, the City Council may by Ordinance
adopt a new Official Zoning Ivfap. 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 OfTicial
Zoning Map dated ~ and adopted by Resolution __on ~____."
Unless the prior Official Zoning Map has been lost, or has been totally destroyed, the prior map or
any signifIcant parts thereof remall1ing, shall be preserved, together with all available records pertaining to
its adoption or amendment.
936-45. Annexation
Any lands coming under the jurisdiction of the City of Grand Island as a result of annexation or addition
shall inm1ediate]y 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
RI, R2
HC, LC
L1
GI
RC
AG-SC. AG-SE
AG-SI, SRC
PUD
936-46. Reserved
~36-47. Reserved
936-48. Reserved
936-49. Reserved
Equivalent Zones
Merrick County Zone
AG-l, AG-2
TA
RI
C3
Ie 1
1-2
City of Grand Island Zone
AG
TA
LLR
B2
MI
M2 (or M2-A)
TD
AG-SC, AG-SE
AG-SI, SRC
CD-RD
Page 36-37
Grand Island Cny Code, 2002 EditIOn
Article V. Zoning Districts
936-50. Z{)I1ing 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-J Primary Agricultural Zone
AG-2 Secondary Agricultural Zone
AG-SC Special Agricultural/Conservation Zone
AG-SE SpeCIal Agricultural/Events Zone
AG-SI Special Agricultural/Industrial Zone
SRC Special RecreatIOn / Conservation Zone
T A Transitional Agricultural Zone
LLR Large Lot Residential Zone
R-I Suburban Residential Zone
R-2 Low Density Residential Zone
R-3 Medium DenSIty Residential Zone
R-4 High Density Residential Zone
RO Residential Office Zone
B-1 Light Business Zone
B-2 General Business Zone
AC Arterial COlllinercial Overlay Zone
B-3 Heavy Business Zone
ME Industrial Estates Zone
M-l Light Manufacturing Zone
M-2 Heavy Manufachlring Zone
M-3 Mixed Use Manufacturing Zone
CD . Commercial Developm:ent Zone
TD Travel Development Zone
RD Residential Development Zone
A Airport Zone
CiCO Gateway Corridor Overlay District
M and MD Manufactured Horne Overlay Zone
936-51. Zoning Districts; Boundaries
The boundaries of the zoning districts are hereby established as shown on the map entitled
"Officlal Zoning Map of the City of Grand Island, Nebraska." Said map and all explanatory mailers
thereon accompany and are hereby made a part of this chapter as if fully written herein. The Official
Zomng !Vh\p shall be identified by the signature of the Mayor, and attested by the City Clerk. No changes
shalJ be made on the Official Zoning Map except as may be required by amendments to this chapter. Such
changes shall be promptly Il1dicated on the Official Zoning Map with the ordinance number, nature of
change, and date of change noted on the map.
936-52. 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
followmg rules shall apply: .
(A) Boundaries indicated as approximately following the center lines of streets, highlvays. or
alleys shall be constTued to follow such center lines;
Page 36-38
Chapter 36 c Zoning
(B) Boundaries indicated as approximately following platted lot lines shall be construed as
following such lot Imes:
(C) Boundanes indicaled as approximately following City limits shall be constTlied as follo\\ing
sllch City limits;
CD) Boundaries indicated as followmg railroad lines shall be construed to be mJdway between the
main tTacks;
(E) Boundaries mdicated as following shore lines shall be construed to follow such shore llI1es,
and in the event of change in the shore line shall be construed as moving with the actual shore IJlle:
boundanes 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 detennined 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], 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
936-53. 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.
~36-54. (AG-l) Primary Agricultural Zone
lntent 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 agnculhlral uses as a major asset to theeconomy 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 Agriculhlral Zoning District is also intended to conserve and protect the value of opcn
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 sllch nature that their location away tJ'om residential, conmlercial and industrial areas is most
desirable. In addition, to provide for the location and to govem the establishment of residential uses whic11
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-ag'ricllltural residential uses. Such non-agricultural residential uses
shall not be so located as to be detrimental to or connict with other uses that are named as pernlltted OT
conditional uses in this zoning district and are appropriate to other propel1y 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 Agriculhlral Zoning District regulations afford such services, amenities and protection
to residential uses located therein.
(A) PerIllitted Principal Uses: The following principal uses are pemLitted in the (AG-I) Primary Agnculture
Zoning District:
Page 36-39
CJrand Island CIty Code, 2002 Edition
( 1) J\gncultural operations, and the usual agricultural and farm buildings and stmctures, including the
reSIdences of owners and their famihes and any tenants and employees who are engaged 1I1 agricultural
operations on the premises.
(a) State agenCIes shall govern all use of farm chenllcals. including application of pesticides and
herbtcides, 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 036-8 of this chapter)
(c) Agricultural operations having up to 1,000 animal units are considered a farm and are
pennit1ed 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 30] animal units and up to 1.000 anima] 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 S36-5.:\(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 036-54(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 o\vned and operated buildings and facilities such as community centers, auditoriums,
libraries, museums
(10) Private kennels and facilities. provided thalall 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 constmction and sales, as a
primary occupation in conjunction with an agricultural operation and be operated on the premises
(13) Faml and industrial equipment sales
(14) Public and private riding academies provided that no stable, building or stmcture in which horses
or other animals are kept are no closer than one hundred (l00) feet from the property line
(] 5) All other Permitted Uses as incllcated as permitted within the Zoning Matrix [Attachment A
hereto]
(8) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject
to conditions relatmg to the placement of said use on a specific tract of ground in the (AG-1) 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 confonmng single-family dwelling
(b) Guest rooms shall be within the principal residential building only and not within an accessory
buildmg
(c) Two (2) off-street parking spaces shall be provided for each dwellmg unit plus one (l) off-
street parking space for each sleeping room designated for guests. Such parking areas shall not be
within the required fiont or side yards
(e1) 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
Page 36-40
Chapter 36 c Zonmg
(3) Industrial uses as provided in the Zoning Matrix [Attachment A hereto] and prO\ided the follo\\llJg
minimum conditions are met:
(a) !'>'1eets minimum lot requirements as estabhshed 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 arc along a developed
public or private road that accesses an improved county road or highway
(4) Commercial uses as provided in the Zoning I\,'latrix [Attachment A hereto] and provided the
following minimum conditions are met:
la) Meets minimum lot requirements as established in this chapter
(b) Meets minimum off-street parking requirements as established by t]llS 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) Radio, cellular and television towers and transmitters and subject to the Supplementary Regulations
herein.
(7) Airports
(8) Manufacture of light 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, quanies, 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 simj]ar uses and associated accessory uses
(14) Wind Energy devices
(15) Community sewage disposal facilities
(16) Sanitary landfill siting or expansion conducted m a marmer 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) La\\11 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) teet ii-om
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 agriculhJralland by muniCipalities or
operations inside or outside of the 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 10 tIle licensure requirements, waste disposal requirements
and recommendations of the State of Nebraska and the Land lise specifications of the Grand Island
ComprehenSIve Development Plan
(22) Single wide manufactured homes may be pernutted only when the land IS used or intended to be
used only for agricultural operations. All single WIde manufactured homes require a conditional use
Page 36-41
Grand Island City Code. 2002 Edition
pem1it wh1ch must be renewed periodically and which shall be subject to the condItions of the pernut
111 districts where they are allowed. No smgle 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 ~36-54(e).
(C) Standards for Livestock Feed1ll2 Operations:
(1) The following setbacks and design standards are the minimum sanitation and odor practices for the
CIty of Grand Island and its extra-telTitorial Junsdiction. In addition, the City Council of Grand Island,
when considering the health. safety, and genera] \velfare of the public, may impose more restrictive
reql1lrcments. These reqUlrements should consider such things as:
(a) property values
(b) dust
(c) ] ighting
(d) \\'aste 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 la w
(3) Agricultural operations of 1,000 animal units and under are considered a farm as defined in ~36-8
and do not require a Conditional Use Pem1it, see ~36-54(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,
without applying for another conditional use permit. Al1 new livestock feeding operations and those
expanding to the next level shal1 require a Conditional Use Pemut and shall be located no Jess 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 Il1 the operation at anyone time. Levels
wil1 include:
Class I facility = 30 I - 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
Page 36-42
Chapter 36 c Zoning
TABLE 1: Livestock Feeding Operations Spacing and Distance (Distances given 1I1 feet)
Size of "roposed LFO 111 Almna' Units Non-farm or Other Residence and Other LFO,
CI a ss I ECll 1,320
301-1000 O['lCN 1.320
Class II ECll 5,280
] 00 I -5000 OPEN 2,640
Class III ECll 5,280
5001-20,000 OPEN 2.640
Class IV ECll 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 I 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 PImming
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
Pemut 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 ditferent 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 pennits with the Hall
County Regional Plamling 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 III
Table 1 of this secnon, 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 maImer as to minll1llze manure
frbm being camed into any roadway ditch, drainage area or onto a neighbor's property
Page 36-43
Grand Island CIty Code. 2002 Edition
(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 constmcted. Application of manure in tlooded areas of standing water shall be
prohibited
(ix) All runoff or waste generated by a livestock feeding operation facility shall be contained
wlthin the associated farming operation. or. on the premises upon which the confined feeding
faeilny or feedlot ]s located. The applicant must venfy that all nmoff 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 feedmg operations are as follows in Table 2.
(5) .I;:xceptions:
(a) Any Class 1 livestock feeding operation use in existence as of August l, 2004, and which is
located within the mimmllm space distance ll1 Tab!e 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
(ij) Any physical expansion of the existing livestock feeding operation shall be immediately
contiguous with tbe facilities of the existing livestock feeding operation
(iii) Such ex.pansion 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 Pen11it for expansion that meets
all requirements is heard by and authorized by the City Council
(iv) If such expansion results in such livestock feeding operation being required to obtain a
nev,; construction pern'lit 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) AccessQ!:.Y 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 permined 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-I) Primary Agricultural Zoning District. These requirements
shall be followed unless otherwise modified
Page 36-44
Chapter 36 c Zoning
I i
I Setbacks I
, , i
I I A B I C I 0 E I 1
i I
! I I I I
I Uses ;'VIin Lot :'Ilin, Lot Front I Rear I Side Street i I\lax, Lot Min Lot Area \lax.
I I
Area \Vidth Yard i Yard I Yard Side Coverage per dwelling Building
I I I I
I (acres) (feet) (feet) I (feel) (feet) Yard unit (sq. ft.) i Height (feet)
I I I I
i I (feet) I
! ~ , I I 3Sl
Permitted Cses 20 35 I - ) i 20 20 10%, 20.000
Conditional 20 35 35 j 20 20 I 10% 20.000 I 3Si
Cses I I
I
35 20 !IYj-iJ 20,000 I 351
Agr-icullural 35 20 I I
l'S{'S I
I J
For structures intended for human occupancy, all others no restrictions.
)
- The following requirements are allowed in specific situations within the extra-territorial jurisdiction of the
City of Grand Island. These requirements are:
Ill.) Any person or persons who:
(1) owns a tract of 80 acres or more may sell one tract per 80 acres for a single fancily dwelling,
providing such sale has not been previously exercised on the large tract; and/or
(2) owns an existing ranch or fam1 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.
I Area Width (feet) Yard Yard Yard Coverage Building
(feet) ( feet) (feet) Height (feet)
(sq. ft.)
20,000 100 30 25 15 25~-6 351
I 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.
(0) Supplementarv Regulations:
(1) Residential dwelling units all non-agricultural land existing as of August 1, 2004, may construct
accessory strUCl'ures, 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 neVi and existing livestock feeding operations and farms with ll\estock of 300 anima! units or
less shall require a no-fee livestock registration permit. In addition, all ney',! or expanded Livestock
Feeding Operations of over 1,000 animal units shall require a Conditional Use PermIt as subject to
~36-54(C).
Page 36-45
Grand Island City Code. 2002 Edition
(a) "\'ew non-farm residences in the AG- I or AG-2 districts shall be located no less than at the
following distances as those shown in Table 2: Non-farm Resldence Spacing and Distance. from
an existll1g agricultural operation having between 50 and 300 anima] units and an LFO based upon
the type of operation.
TABLE 2: :\"ON-FARM RESIDENCE SPACTNG AND DISTANCE (Distances given in feefl
SIZE OF EXISTING AGRICt:LTURid~ OPERATION AND LFO IN A.U.
] 00-30i) 30] -1.000 1.00] -5,000 5,001-]0,000 10,000+
New Non-farm 0 1.9S0 3,960 3,960 5,940
Residence
~36-55. (AG-2) Secondary Agricultural Zone
intcllt. The (AG-2) Secondary Agricultural Z011ll1g 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
(0 protect it from indiscriminate residential and urban development and other incompatible and conflicting
land uses. The (AG-2) Secondary Agriculhlral 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 indush'ial areas
is most desirable. In addition, to provide for the location and to govem the establishment of residential uses
which are accessory to and necessary for the conduct of agncululre and to provide the location and to
govem the establishment and use of limited non-agriculhrral 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
pem1itted 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 residentraluses by the regulations of other zoning districts, and it is not intended that
the AG-:2 Secondary Agricultural Zoning District regulations aflord such serVlces, amenities and protection
to resJdentialuses located therein.
(A) Permitted Principal Uses: The following principal uses are permined in the (AG-2) Secondary
Agnculhlre Zoning District.
(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 WllO 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 936-8 of this chapter)
(c) Agricultural operations having up to 300 animal units are considered a farm and are permitted
by nght, proVlded other requirements in this zoning district are met and submission of a no-fee
livestock reglstration permit to tIle Hall County Regional Planning Director is done
Page 36-46
Chapter 36 c Zoning
(d) Operations having up to 300 animal units shall locate at least 300 feet from a plat1ed residentIal
area, public park, recreational area, church, cemetery, religious area, school, and residentIal
district
(2) Ranch and farm d\vellings, subject to !)36-55(e)
(3) Recreational camps, parks, playgrounds, golf courses, countTY clubs, tennis courts, and other
sllnilar recreational uses
(4) Single family dwelling subject to~36-55(e)
(5) Utility substation, pumping statlon, 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 conm1Unity centers, auditoriums,
libraries, museums
(10) Private kennels and facilities, provided that all buildings and facilities be at least one hundred feet
fi'om the property line and three hundred feet from any neighboring residence
(1 I) 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 agricultmal 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 \vhich 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]
(E) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject
to conditions relating tathe placement of said use on a specific tract of ground in the (AG-2) Secondary
Agricultural Zoning District:
(]) 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-stTeet parking spaces shall be provided for each dwelling unit plus one (I) 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 (I) 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 cali tracks, or other outdoor recreational areas such as gun clubs, and archery, trap and skeet
ranges
(3) Industrial uses as provided 111 the Zoning Matrix [At1achment 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 Marrix [Attachment A hereto] and the followmg
mimmum conditions are met:
(a) Meets minimum lot reqUlrements as established in this chapter
Page 36-47
Grand Island City Code, 2002 Edition
(b) Meets mmimum off-street parking requirements as established by t11l5 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 t11l5 chapter
(b) l\1eets minimum off-street parking requirements as established by this chapter
(e) 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 of light sheet metal products including heating and ventilation equipment
( 1 0) Manufacture and/or processing of agricultural products including but not limited to ethanol plants
and mills
(l ]) Truck and freight terminals
(12) Commercial mining, quarries, sand and gravel pits and accessory uses
(] 3) Storage of trucks, tTactors, and trailers engaged in the transportation of explosives
(J 4) Race tTacks, drag strips and similar uses and associated accessory uses
(l 5) Wind Energy devices
(16) Community sewage disposal facilities
(17) Samtary 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
(] 8) Lav,'l1 and garden nurseries
(19) Commercial kennels and facilities for the raising, breeding and boarding of dogs and other sma]l
animals, including exotic, non-farm and non-domestic animals, provided that all buildings and
facilitles be at least one hundred (l00) 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
(21) The applicatlon of livestock manure within the jurisdiction of Grand Island by operations located
olltside 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 Feedine Operations:
(I) 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 restTictive
requirements. These requirements should consider such things as:
(a) property values
(b) dust
bghting
Page 36-48
Chapter 36 c Zoning
(d) waste disposal
(e) dead livestock
(2) A Conditional Use Permit may be approved after public notice has been glven and public hearing ]s
conducted as reqUlred by law
(3) Agricultural operations of300 animal units and under are considered a fam1 as defined 111 these
regulations and do not require a Conditional Use Permit, see S36-8 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 (I) 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 pem1it may
expand within their designated level, as outlined in Table I, 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 (AU.) 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
TAI1LE 3: Livestock Feeding Operations Spacing and Distance (Distances given in feet)
Size of Proposed LFO In Animal U111ts Non-farm or Other Residence and Other LFOs (fcet)
Class I ECll ] ,320
301- 1.000 OPEN 1,320
Class II ECl! Not allowed in the AG-2 Zoning District
1001-5000 OPEN Not allowed in the AG-2 Zoning District
Class III ECH N0t allowed in the AG-2 Zoning District
5001-20,000 OPEN Not allowed in the AG-2 Zoning Dlstnct
Class IV EeH Not allowed 10 the AG-2 Zoning District
20,000+ OPEN Not allowed in the AG-2 ZonlIlg D:s:rict
ECH = Environmentally Controlled Housing
OPEN = Open Lot Operations
Page 36-49
Grand Island City Code. 2002 Edition
(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 pnor to formal subn1lSsion of the Conditional Use Permit for Livestock F eedll1g
Operations
(i) A proposed SIte plan and condJtions or reqlurements of this regulation pending approval of
apphcation 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
(iJi) 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 i'iTIEQ
(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 I ofthis 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
ti"om being caiTied 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 Iilllnure in flooded areas of standing water shall be
prohibited
tix) 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 vvithin the minimum spacing distance in Table I to any church, school, public use, other
livestock feeding operatlOn 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:
(1) Such expansion will not decrease the distance from the livestock feeding operation use to
any church. school, public use, other livestock feeding operation or smgle-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
Page 36-50
Chapter 36 c Zoning
(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 m animal
umts than the one-time capacity of the lIse which existed as of August I, 2004. AllY expansion
beyond this limitation is prohibited unless a Conditional Use Penmt for expansion that meets
all requirements is heard by and authonzed 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 ammals 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 permit1ed 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 Intensitv of Use: The following table lists the minimum lot requirements and
maximum building requirements in an (AG-2) Secondary Agriculhrral Zoning District. These requirements
shall be followed unless otherwise modified by this chapter.
Setbacks 1
A B C D E
Uses Min Lot Min. Lot Front I Rear Side Street Max. Lot Min Lot An'a Max.
Area Width Yard Yard Yard Side Coverage per dwelling Building
(acres) (feet) (feet) (feet) (feet) Yard unit (sq. ft.) Height (feef)
(feet) i
Permitted lJscs 20 100 35 35 20 20 lO~,-o 20,000 35'
Conditional 20 100 35 35 20 20 10% 20,000 35'
!J ses
Agricnltural 1 100 35 35 I 20 20 10"/0 20,000 35' J
l) ses
I ,
tor structures 1l1tended for human occupancy, all others no restnctlOns.
)
- 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 dwellmg,
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-vvide manufactured home that is
ten years old or more may sell a h'act containing such dwelling;
(3) providing the following space liI11ltations are complied with:
Page 36-51
Grand Island City Code, 2002 Editlon
J
Front
Yard
(feet)
Setbacks
I
i
I
I
I
Ma~
Building
Height
I (feet
; 20.000-t ]OO.~ 30 --r-- 351
I for structures intended for human occupancy, all others no restrictions.
\ i\lin Lot , Min. Lot
Area I Width (feet)
(sq. ft.)
Side
Yard
(feet)
J\lax. Lot
Co\erage
(F) Prohibited Uses:
(I) Any use not specifically listed as a permittcd principal use, conditional use or permitted accessory
use.
(G) Supplementarv Reeulations:
(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-1 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.
TABLE 4: NON-FAR.M RESIDENCE SPACING AND DISTANCE (Distances given in feet)
Size of Existing Agricultural Operation and Li\estock Feeding Operation in Anima/Units
100-300 30 1-1,000 J ,OOJ -5,000 5,001-]0,000 10,000+
New Non-farm 0 1,980 3,9(iO 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 Corn husker Army Ammunition Plant (CAAP) Comprehensive Reuse Plan. Ranch and
farm dwellings are not allO\vecl due to Enviromnental 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 v,ith
the CAAP Comprehensive Land Use Plan
(4) Groundwater treatment facilities, contamll1ated soil remediation facilities
(5) All other Permitted Principal Uses indicated as Permitted with the Zoning Matrix [Attachment A
hereto]
Page 36-52
Chapter 36 c Zoning
(B) ConditIOnal Uses: The followll1g uses are subject to any conditions listed 111 this chapter and are subject
to conditions relating to the placement of said use on a specific tract of ground llJ the (AG-SC) SpeCIal
Agriculture/Conservation Zoning District.
(I) Utility substations, communication towers
(2) Flood control facilities/improvements
(3) Stock yard, feed yards and accessory uses - provided the use can meet the separation distances
found in Table 3 in ~36-55.
(4) All other Conditional Uses indicated as conditional within the Zoning Matrix [Attachment A
hereto]
(C) Pemutted Accessory Uses:
( 1) Other buildings or uses accessory to a permitted use
(D) Prohibited Uses:
(I) Any use not specifically listed as a permitted prinCIpal use, conditional use or permitted accessory
use
(2) Ranch and/or farm dwellings
)S L
(E c,pace ImItations:
Uses Minimum Setbacks
I A B C D E
I
Minimum Minimu m I Front Rear Side Street !\bximum i'l'laxirnum
Parcel Lot Width I Yard Yard Yard Side Ground Building
Area (feet) (feet) (feet) (feet) Yard Coverage Height (feet)
(acres) (feet)
Permitted Uses 20 100 35 I 30%
-
Conditional 20 100 35 30%
lises - -
(F) Miscellaneous Provisions:
(I) Supplementary district regulations shall be complied with as required herein.
S36-57. (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 (C-\AP) Comprehensive Reuse Plan. Ranch and farm
d\\'ellings 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 shov,'s
(4) Pedestrian and equestrian trails and associated low impact recreational uses, when consistent with
the C AAP Comprehensive Land Use Plan
(5) All other Permitted Principal Uses indicated as permitted within the Zoning J\1atrix [Attachment A
hereto]
(B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject
to conditions relatll1g to the placement of said use on a specific tract of ground in the (AG-SE) Special
Agnculture/Events Zoning District
Page 36-53
Grand Island City Code, 2002 Edition
(1) Litility substatIOns, communicatIon to\vers
(2) Flood control faClJitles.improvements
(3) All other Conditional Uses indicated as conditional within the Zoning Matrix [Attachment A
hereto]
(C) PermJttedAccessory Uses:
(1) Other buildings or uses accessory to a permitted use
(0) ProhibIted Uses:
(1) Any use not specifically listed as a permitted prinClpal use or permitted accessory use
(2) Ranch and/or farm dwellings
(E) Space LImitations:
I I I I
I Uses I !vlillimum Setbacks
I I
I I
I I -r I .-
~ A B C D E
I
I I I I
I \'linil11u 111 I !Vlinimum Front Rear Side Street Maximum Maximum
I Parcel Lot \Vidth Yard Yard Yard Side Ground Building
! Art'a (feet) (fee!) (fee!) (feet) Yard Coverage Heigh!
[ (acres) (fee!) (fee!)
r Permitted L'ses 20 100 35 65~!(l
I -
I (
l-
I Conditional
I 20 100 35 65~/o
i Cses
(F) Miscellaneous Provisions:
(1) Supplementary district regulations shall be complied with as required herein.
S36-58. (AG-SI) Special AgricuItllrelIndustrial Zone
Intent: This special use zoning district is to allow for agricultural uses as well as manufachlring,
processing. fabrication, research, warehousing, storage and wholesaling faciJities in accordance with the
Cornhusker Army Ammunition Plant (CAAP) Comprehensive Reuse Plan, Ranch and fann dwellings are
not allowed due to the Environmental Protection Agency issues with the CAAP site,
(A) Pelmitted Principal Uses: The following principal uses are permitted in the (AG-SI) Special
Agriculture/Industrial Zoning District
(1) Agricultmal uses excluding feed lots and the commercial feeding of livestock
(2) Raising of field crop and horticulhtre
(3) Manufactunng, processing, fabrication, research, warehousing, storage and wholesaling facilities
(4) Pedestrian andequestTian 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 MatTix [At1achment A
hereto]
(8) ~QJ1ditionaLl;ses: The following uses are subject to any conditions listed in this chapter and are subject
to conditions re lating to the placement of said use on a specific tract of ground in the (AG-SI) Special
/\griculture!lndustnal Zoning District
(l) Industrial lIses with more significant health and safety concerns: wrecking, scrap or garbage
disposal/recycling yard; explosives manufacture or storage: chemical, acid or petT01eum refining or
storage; meat packing plants; milling and smelting of ores
2) Utility substations, communication towers
3) Flood control facilities/improvements
Page 36-54
Chapter 36 c Zoning
(4) Stock yards, feed yards and accessory uses provided the use can meet the separation distances
found in Table I in ~36-54
(5) All other Conditional Uses indicated conditional within the Zoning lvfatrix [Attachment A hereto]
(C) Permitted Accessory Uses:
(I) Other buildings or L1ses accessory to a permitted use or conditional use
(D) Prohibited Uses:
(I) Ranch and/or farm dwellings
(2) Any use not specifically listed as a permitted principal use, conditional use or pemlltted accessory
use
(E) Space Limitations:
I Minimum Setbacks I I
t: s es I I
I
I I I
A B C D E I
.
Minimum Nlinimull1 Front Rear Side Street ;vlaxill1n rn 'Vlaximu m
Parcel Lot Width Yard Yard Yard Side Ground Building
Area (feet) (feet) (fect) (feet) Yard Coverage Height (feet)
(acres) (feet)
Agricultural Uses 20 lOO 35 I 65r:/o
-
Non Agricultural 1 lOO 35 - - - 65%
lises
(F) Miscellaneous Provisions:
(1) Supplementary district regulations shall be complied with as required herein,
936-59. (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 pennitted in the (SRC) Special
Recreation/Conservation Zoning District.
(l) 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 equestriantrails, when consistent with
the CAf\P 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]
(8) 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:
(I) Other buildings or uses accessory to a permitted use or conditional use
Page 36-55
Grand Island City Code. 2002 Edition
(D) Prohibited Uses
(1) Any use not specifically
use
(E) Space LimItations
i
I
I
r
I
,
I
listed as a permitted principal use, conditional use or permitted accessory'
Minimul11
P a reel
Area
(acres)
I
r
--------t
i
i
!
I
t
i
I
I
A
----,
~linil11um Setbacks I !
,
B C D I r I
~ct
Front Rear Side ! Maximul11 Maximum
Yard ,'ard Yard ' Side Ground Building
(feet) (feet) (feet) I Yard Coverage Height (feet)
I
(feet)
35 35 20 20 30%
35 35 20 20 30~/~
Cses
i
r--'-'
.\Iiuimum
Lot Width
(feet)
~~itte-~t Lscs
I
I Conditional
Cses
20
20
(F) Miscellaneous Provisions:
(1) Supplementary district regulations shall be complied with as required herein,
936-60. (T A) 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 pemlits 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 of livestock to a limit and within certain density requirements.
(/\) Penl1itted Principal Uses, The following principal uses are permitted in the (T A) 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 f011h in this section
for dwellings and having a ten foot landscaped or masomy banier 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 tbe 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 follo\\'ing uses are subject to any conditions listed in this chapter and are subject
to conditions relating to the placement of said use on aspeClfic tTact 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
Page 36-56
Chapter 36 c Zoning
(3) Public and quasI-public buildings and uses of an administrative, educational, religious. cultura!, or
public service facility, but not including hospitals, sanitoriums or corrective I!1stitutions
(4) Riding academies
(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 Accessorv Uses:
(1) Guest building
(2) Customary home occupations
(3) Buildings, corrals, stables or pens in conjunctIOn with the perrnitted uses
(4) Buildings for the display and sale of products grown or raised on the premises, provided, the tloor
area does not exceed 500 square feet
(5) Offices incidental to and necessary for a penmtted use
(6) Other buildings and uses accessory to the permi tted principal uses
S L
D) ,'pace lllutatlOns:
I l'ses :VlinimulII Setbacks
I
A B C D E
Minimum Minimum Front Rear Side Street Maximu m I :VIaxirnu m
Parcel Lot Width Yard Yard Yard Side Ground Building
Area (feet) (feet) (feet) (feet) Yard Coverage Height (feet)
(acres) (feet)
Permitted lises 20 100 30 25 ] 5 20 35' I
20~o
,
Conditional 20 100 30 I 25 IS 20 20t% 35' I
Uses
for str uctures Intended for human occupancy, all others no restr lctlons.
(E) Miscellaneous Provisions:
(1) Supplementary regulations shall be complied witb 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:
(I) owns a h-act 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 faml dv,felling that is ten years old or more may sell a tract
containing such dwelling;
(3) providing the following space limitations are complied with:
Page 36-57
Grand Island City Code. 2002 Edition
! Setbacks I
, ' I
--~----I----------~- 1
'\Jin Lot :\Jin. Lot Front Rear Side \Iax. Lot Max.
I !
Area Width (feet) 'Yard Yard Yard Coyerage Building
(sq. ft.) (feet) (feet) (feet) Height
(feet)
20.000 100 30 25 ]5 25~-o 351
I for structures intended for human occupancy, all others no restrictions.
Amended by Ord No. 8947. effective] -5-2005
936-61. (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 distTict permits residential dwellings at a maximum density of t\VO dwelling
units per acre, as well as other open space and recreational activities.
(A) Penilitted 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 horticulhne
(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 fOl1h 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. InstaJIation shall not be subject to
minimum area or width regulations.
(6) Railway right-of-way, but not including railway yards or facilities
(7) Churches, syl13gogues, chapels, and similar places of religious worship and instmction 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.
(l) 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) A11 other Conditional Uses indicated as conditional within the Zoning Matrix [Attachment A
hereto]
(C) Permitted Accessorv Uses:
( I ) Guest budding
(2) Customary home occupations
(3) Buildings for tIle display and sale of products grov./J1 or raised on the premises, proVIded, the floor
area does not exceed 500 square feet
(4) Offices incidental to and necessary for a penmtled use
Page 36-58
Chapter 36 c Zonmg
(5) Other buildmgs or uses accessory to the permItted prmclpal uses
OJ) Space Limitations
r~-'-'--'---'-~--,-------------~---~y------~~-'~-
; . I
i
lses
i--~__________;.-___-----.....;_.____
i
1
\linifllUlIl Setbacks
A
B C D
--~- ,
Front Rear Side
Yard Yard Yard
(feel) (feet) (feet)
E
i I
-i~.--~T--~------------:
i
c.._~_._~_.L___._~_____..
\IinimulIl
Pa reel
..\rea (ft'el)
\Iinilllu 1Il
Lot Art'a
per
Dwelling
{'nit
\linillltllll
i Lol Widlh
(feel)
Street
Side
Yard
( feet)
\Jaxilllurn '
Ground
Covt:rage
,\laxirnu 1Il
Building
Height (feel)
! ,
I !
rp;;~~led Lse~-
i :
1- J
. C 1" J '
j ,ont ItlOfl~l i,'
L0es
20,Cj00
20,000
100
30
: ~
i 25 i I S I
-----i----+---i
! 25 . ] 5 '
i
i
35 I
.))1
20
i
+--
L. 2Yi(,
! 25l:.'0
i
20,000
20.000
100
30
20
(E) !\liscellaneous Provisions
( l) Supplementary regulations shall be complied \vith as defined herein
(2) Only one principal building shall be permitted on one zoning lot except as otherwise provided
here m
Amended bv Ord. No. 8947, effective 1-5-2005
S36-62. (R-I) Suburban Residential Zone
IlIlcnl. To provide for residential neighborhoods at a maximum density of four to five dwelling
units per acre with supporting community facilIties.
(A) Permitted Principal Use~:
(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 recreatlOna] areas
(4) Country clubs as defined herell1
(S) Public, parochial and private schools having a curriculum equivalent to an elementary or higher
educational level and colleges offering courses of general Il1struction. 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
na ture
(7) Ctility substatIons necessary to the functioning of the utility (but not including general business
oC!lces, maintenance faCIlities, and other general system facilities) when located according to the yard
space rules set forth 1I1 this section for dwellings and having a ten foot landscaped or masonry barrier
on all sides. Buildings shall be of such ex tenor deSIgn as to harmonize with nearby properties.
(8) Public and quasi-public bUlldll1gs for cultural use
(9) Railway right-of-way but not including railway yards or facilities
(10) AI] other Pennitted PrinCIpal Cses indicated as permitted within the Zonll1g IVfatrix [Attachment A
herctoJ
(B) ConditlOnaU)ses: The following uses arc 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 ll1 the (R-I) Suburban
ReSidential Zoning District as approved by City Council.
(I Preschools. nursery schools. day care centers. children's homes. and similar facilities
(2 Towers
Page 36-59
Grand Isiand City Cock 2002 Edition
(3) Off-street parkmg areas for schools and places of rel1glOus \VorshJp.instructlOn on lands adjaccnt to
and wIthm Ihree hundred (300.0) feet of the pnncipal building assocIated with the aforementIOned
i
I
I
I
I
I
I Conditional
i Uses
uses.
(4) All other Conditional Cses mdicated as condItIOnal \\It!1m the 7onl11g .\lani.\ [Attachment A
hereto]
(C) Pen11l(ted A.cce~SQQ' lises:
(I) Guest buildings
(2) Customary home occupations
(3) Other buildlllgs or uses accessory to the permitted prmcIpal llses
(D) Space LUll1l3tIons:
i~~;--~T'~~----!----i~'---~T--~=l;~l Sctb:Cks ---i---.-T-----l
, !!: i -------.-J
I I i C i I I
, ~ .~. B I [) E~_+___J
I' \lillillllllll i \lillillllllll \linillllllll I' Front Rear I Side Street \laxilllUIll i \Iaxillllllll
Paree! I Lot Arca Lot Width I Yanl Yard I Yard Sille Ground i Building
Area (feet) I [leI' (feet) (feet) (feet) (feet) Yani Coverage I Height (feet)
L_-II),;,::::" . _.1 .-J (feet) l--~
Perlllitted Uses I' 9,000 I' I I I
9,000 70 I 20 i to I; 30% I 35 !
'--~l
35
9.00n
9,liUO
] 7 '.
30!~'()
(E) Miscellaneous Provisions:
(1) Supplemcntary regulations shall be complied with as detlnedherein
(2) Only onc pnncipal 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 ma.\imum 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) Dwe l! ing units
(2) Truck, bush and tree farming, provided. there is no display or sale at retail of such products on tlle
premlses
(3) Public parks and recreational areas
(4) Country clubs as defined herein
(5) Public, paJOchial and private schools havmg a curriculum equivalent to an elementary or higher
educationallc\'el and colleges offering courses of general instruction, including convents, monasteries.
dormitories, and other related liVIng structures when located o,n the same site as the college
(6) Churches, synagogues, chapels and SImilar places of religious wors]l1p and lI1struction of a quiet
nature
(7) l'tility substations necessary to the functiomng of the utility, but not including general business
offices, mamtenance facilities, and other general system faCIlities when located according to the yard
space rules set forth 1I1 this section fl)r dwellings and havll1g a landscaped or masonry banier on all
sides, Buildings shall be of such exterior design as to harmonize with nearby properties.
8) Public and quaSI-public buildings for culrural use
9) RaIlway right-of-\vay, but not including railway yards or facllities
Page 36-60
Chapter 36 c Zoning
(10) All other Permitted PrincIpal Cses indicated as permitted within the Zonlllg \'l,ltrix [Attachment A
hereto ]
(13) Conditional Uses: The following uses arc subject to any conditions listed in tillS chapter and are subject
to other conditlons relating to the placement of said use on a speciflc tract of ground 111 the (R-2) Low
Density Residential Zoning District as approved by Citv Council.
11) 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 worshipill1struction on lands adjacent to
and \vithin three hundred (300.0) feet of the principal building assoc13ted with the aforementioned
uses.
(4) All other CondItional Uses indicated as conditional within the Zoning Matrix [Attachment A
hereto]
(e) Penmtted Accessory Cses:
(I) Customary home occupations
(2) Buildings and uses accessory to the pcrmitted puncipaluse
(D) Space Limitations:
/-- Uses I
I I
I I
I I"" (I,'"
~uses II
f Conditional
lises
B
c
I '
I D I
-r---j-
I Side I
I Yard I
I (feet) I
I I
I I
I 5 :
I
Minimum Setbacks
i
I
E r
,
Street I ~laxjmllnl
Side Ground
Yard I Coverage
(feet)
12 ,j, 3 Sl:!()
I
12 I 35(J/o
I
~::,;:~:; I
Height (feet)
!
!
I__-=~
I
I
I
I
I
i
I
i
I
I
I
per
Dwelling
Unit
i
I
I
I
I
Front
Yard
(feet)
Rear
Yard
(feet)
Ci.OOO
6,000
50
25
20
25
20
6,000
6,OOD
5D
5
(E) I'v'l iscellaneous Provisions:
(I) Supplementary regulations shall be complied with as defined herein
(2) Only one principal buildmg shall be permitted on one zonJJ1g lot except as otherwise provided
herein.
936-64. (R-3) lVlediulll Density Residential Zone
Intent: To provide for residential uses at a maximum density of fourteen to fIfteen dwellll1g units
per acre with supporting community facilities. This zOl1lng district is sometimes used as a tTansitional zone
between lower density residential zones and higher density J"Csldential, office, business, or manufacturing
zones.
(A) E-ermill.ed Principal lJses: The followll1g princlpal uses are peIl11itted in the (R-J) i\1edium Density
Residential Zoning District.
(I) Dwelling units
(2) Truck, bush and tree farming, provided, there is no display or sale at retaIl of such products on the
prell11SeS
(3) Pubhc parks and recreational areas
(4) Country clubs as defined herem
(5) Public. parochial and private schools having a curriculum eqUivalent to an elementary or higher
educatIOnal level and colleges offermg courses of generalmstruction. mcluding convents. monasteries.
dOrlmlOries and other related hving structmes \\hen located on the same slte as thecollege.
Page 36-6 I
J5
Grand lsland CIty Code. 2002 EditIOn
(6) Churches. synagogues. chapeis. and sirmlar places of religlOus \\orshlp and Il1structlOn of a qUIet
nature
(7) LtllJty substatIons necessary to the functioning of the utduy. but not Il1cluding general busmess
offices, maintenance faCJillles and other general system facilities, when located according to the yard
space rules set forth in this section for dwellmgs and h:1\1I1g a landscaped or masonry barrier on all
sldcs Buildll1gs shall be of such extenor design as to harmot1lze \vith nearby properties
(S) Publtc and quasi-publtc buildings for cultural Llse
(9) Railway right-of-wa:i, but not including raJlway yards or j~lCllIlles
(B) ConditlonallJ;es: The following uses are subjeCT to any condItIOns listed In this chapter and arc subject
to other conditions relating to the placement of said use on a specIfic tract of ground in the (R-3) 'vlediuI11
DensIfY Residential Zoning Distnct as approved by City Council.
(1) Nonprofit community buildings and social welfare establishments other than those provIding hving
accommodations
(2) Drivcways, parking lots, or buildings \vhen directly associated with or accessory to a pe1l11itted
principal use in an adjacent zone.
(3) Preschools, nursery schools, day care centers, children's homes, and similar facilitIes
(4 ) Towers
()) Off-street parkmg areas for schools and places of religious worship/instnlction on lands adjacent to
and \.vithin three hundred (300.0) feet of the pnncipal building associated with the aforementIoned
uses.
(6) All other Conclitional Uses indicated as conditional within the Zoning Matrix [Attachment A
hereto]
(C) Permitled Accessory Uses:
(1) Customary home occupations
(2) Buildings and uses accessory to the permitted principal use
l (D) ~~:;' liT';Ol>'~ "I _~ A ~II ~ B~~i 'Ji:""'th~'k' i F
I .\linimum I Minimum ;\[inimum Front I' Rear I' Side I Str.cd Maximum
Parcel Lot Area Lot Width Yard Yard Yard I Side Ground
I _ . J "co ('''J l),;;~:::" g I ('''<l ".d) i ",," I (".<<C<" I I (~:;.~ CO".," g' I
1'0 ",;O,d "'b I 6.000 I ! ,,01>" I ;0 -I ,0. L ~! )--,-t - 10 '../ ,0", I
I~ Conditional Ii ------j 'I 1
6JJOO J.ooo :50 I 20 15 lO :50%
! "Lses) , I
------------,
I
l\-taxinlUll1
Building
Height (fcet)
35
-35 -1
.J
(E) Miscellaneous PrcJVlsions
(]) Supplementary regulations shall be complied WIth as defined herein
(2) Only one prinCipal bUl]dlllg shall be permitted on one zoning lot except JS otherwise provided
herein.
936-65. (R-4) High Density Residential Lone
II/fenf: To pronde fcll' residential uses at a maXllmm1 density of forty-three dwellmg units per acre
with supporting community iacllitlcs. Tl1lS zoning distTlct IS also used as a transitional zonc between lower
density reSIdential zones and office. business. or manufacturll1g zones.
Page 36-62
Chapter 36 c Zonmg
(i'l) PermIt.L~c:l PnnclllillL'sl:.s
(1) Dwelling Lnits
(2) Boardmg and lodgmg houses, fraternity and soronty houses
(3) Truck. bush and tTee farming. pronded there IS no display or sale at retail of such products on the
premises
(4) Public parks and recreational areas
(5) Country clubs as defined herein
(6) Public, parochial and pri\'ate schools havll1g a curriculum equivalent to an elementary or higher
educational level and coJJeges offenng courses of generalmstruction, I11cluding convents. monasterIes,
dOrImtorIes and other rclatedliving structures when located on the same site as the college,
(7) Churches. synagogues, chapels and s1l11l1ar places of religious worships and instruction of a quiet
nature
(8) Utility substations necessary to the functioning of the utility, but not Il1c]udmg general busmess
offices, mamtenance facilities and other general system facilities when located accordll1g to the yard
space rules set forth in the section for dwellings and having a landscaped or masonry barrIer on all
SllieS, Buildmgs shall be of such design as to harmonize with nearby properties,
(9) Public and quasi-public buildings for cultural use.
(10) Railway right-of-way, but not including railway yards or facilities.
(11) Nonprofit community buildings and social welfare establishment
(12) Preschools, nursery schools, day care centers, children's homes and similar facilities
(13) All other Permitted Principal Uses indicated as permitted within the Zoning Matrix [Attachment A
hereto]
(B) Conditional Uses: The fo]]O\ving uses are subject to any conditions hsted 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 withll1 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 Cses ll1dicated as conditional within the Zoning !\Jatrix [Attachment A
hereto]
te) Permitted Accessorv Uses:
(J) Customary home occupations
(2) Buildings and uses accessory to the permitted principal uses
Page 36-63
Grand Island City Code. 2002 EdItIOn
,JP) SE-,~:::c:J-] mi ,ta t 1()2~~~____",^
lws I
\Iinirnu rn Setbacks
:--'~~"--r~-'
A
B
D
E
---~~-~------1
.\Iinimu m
I'a reel
! Area Ifeel)
.\Iinimum
Lot Area
[ler
Dwelling
I:nit
\1inirnu m
Lot Widlh
(feet)
Front
Yard
(feet)
Rear
Yard
{ feet)
Side
Yard
( feet)
Street
Side
'{ani
( feet)
\laxirl1llrn
Ground
Coycrage
\lax;ll1urn
Building
Height (feet)
C-----------
, Permitted Cses
Conditional
Lses
-+-~~
I
I
I
I
I
I
] ,000
SO 10 10 ]0 ({I(J,t) ! SO
i I
---+----~~~
5C) 10 10 .) 10 60~~'0 ! SO I
_~_J
6,000
,
I
i
I
I-
i
6,000
] .000
(E) lvllscellaneous Provisions:
(J ) 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.
936-66, (RO) Residential Office Zone
Intent: To provide the highest density of residential uses as \vell 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 foJ1owing principal uses are permitted in the (RO) Residential Office
Zoning District.
(I) DweJ1ing units
(2) Boarding and lodging houses, fratemity and sorority houses
(3) Truck, bush and trce 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 gencral instruction, including convents,
monasteries, dormitories, and other related living structures whcn located on thc samc sitc as the
college.
(7) Churches, synagogues, chapels, and similar places of religIOUS worship and instruction of a quiet
nature
(8) Utility substations necessary to thc functjonlllg of the utility, but not including gcneral business
offices. maintenance facilities and othcr gcneral system facilIties, when located accord1l1g to the yard
space rules set forth in this section for dwellings and having a landscaped or masonry barrier on all
sides. Bui]d1l1gs shall be of such extcrior design as to harmonize WIth nearby properties.
(9) Public and quasl-public buildings for culhJral use.
(10) Railway right-of-way but not including railway yards or facIlities
(11) Nonprofit community buildings and 50C13] wclfare establishments.
(12) Hospitals, nurSll1g homes, convalescent or rest homes.
(] 3) Radio and television stations (no antennae). private clubs and meeting halls
(] 4) Vocational or trade schools. business colleges, art and music schools and conservatories, and
other similar uses.
(15) Bcaury parlors and barber shops.
Page 36-64
Chapter 36 c ZOl1lng
( ] 61 Office and office buddll1gs for professlOnal and personal serV1ces such as real estate. lI1surance,
sa\'ll1gs and loan associations. banks, accountants, archItects, engmeers, photographers. doctors.
dentists. optometrists. cJmopractors. podiatrists. etc.
I] 7) Retad act1vlties shall be permitted but limIted to uses pertall1ll1g to professional prescnptlOl1
services such as pharmaCles. opticians, audiology. medical supply shops or items clearly accessory
wIth the sen'lce such as picture frames to the photographer. shampoo and haIr care Items to the beauty
and barber shop where retail space 1S lnnited to 200:, of the total 1100r area
( 18) "-Jonuaries, funeral homes. and funeral chapels.
(l 9) Preschools, nursery schools. day care centers. chlldren's homes, and sll1ular facllit1es.
(20) Group Care Home with less than eight (8) individuals
(2 l) Elderly Home, Assisted Living
(22) All other Permitted Principal Uses I11dicated as perm1tted within the Zoning I'vlatrix [Attachment A
hereto J
(B) ConditlOnal Uses: The followmg 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) DrivC\vays, 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 or the principal budding associated with the aforementioned uses.
(4) All other Conditional Uses indicated as conditional within the Zoning I'vlatrix [Attachment A
hereto J
Ie) Penl1itted Aecessorv Uses:
(l) Customary home occupations
(D) Space Limitations:
Cses
I
--t
Vlinimurn Setbacks
I
I
I
~
I
I
I
I
! P('rmitt('d Uses
50
10
I
I
i
I
I
I
I
I-~r- S
I~-s
J{('ar
Yard
(feet)
Side
Yard
(fe('t)
Street
Side
Yard
(feet)
Maximum
Ground
Coverage
I :
~_~__~J
I I
I
I
I
I
,
\1 axirnu m
Building
Height (feet)
A
fl
E
I Conditional
~\(.,
Minimull1
Parcel
Area (fed) I
I
6,000 I
I
6,000 I
,
J\linirnull1
Lot Area
per
Dwelli ng
Unit
:Vlinill1ull1
Lot Width
(feet)
Front
Yard
(feet)
50
]0
10 75%1 ]SO I
I
)() 7 5r~io ISO I
(E) Miscellaneous ProviSIOns:
(1) Supplementary regulations shall be complied with as defined herem
(2) Only one principal buildmg shall be permitted on one zonmg lot exeept as otherwise provided
herein.
936-67. (13-1) Light Business Zone
IIllClll: To pro\'ide for neIghborhood shopping and seI\xe facilitIes this will serve the needs of the
surrounding resldcl1lial area. ReSlClential uses are permitted at the densIty of the (R-4) High DensJty
ResidentIal Zonmg Distnct
Page 36-65
Grand Island City
2001 hl1tlon
(A.I PcnlJlJ!fd Pri[lClpa! L.?J:'..c;: The fol!owmg principal uses are pen11ltled III the (8- II [_lght Busmess
ZOllIng Dlstnct.
(1) AgencIes as found Il1 the Zonmg \latn:; [Attachment i\ hereto]
(:2) Boarding and ]odgmg houses, fraternllY and soranty houses
(3) Churches, synagogues, chapels, and slmilar places of religious worship and ll1structlOn of a qUlet
nature
(4) Colleges offering courses of general instructioll, including COn\Tl1ts, monasterIes, dormitories, and
other related living structures when located on the same sHe as the college
(5) Country clubs
(6) Dwcllll1g units
(7) Elderly I'lome, Asslsted Living
(8) Graup Care Home with less than eight (8) individuals
(9) HospJtals, nursing homes, convalescent or rest homes
(10) :VlOrluaries, 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 I\-latrix
[Attachment A hereto]
(13) Preschools, nursery schools, day care centers. children's homes, and similar facilitles
(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 telcv1sion stat10ns (no antennae), private clubs and meeting halls
(18) Railroad right-of-way but not lllcluding railway yards or facilities
(19) Stores and shops that conduct retail bUSIness, provlded, 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 1\1atrix [Attachment A hereto]
(20) Truck, bush and tree fanning, 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 accordmg to the yard
space rules set forth in this section for dwellings and having a landscaped or masonry ban-ier on all
sides. Buildings shall be of such exterior design as to harmonize with nearby properties
(22) Vocational or tTaete schools, business colleges, art and music schools and conservatories, and
other siI1lllar uses
(23) Other uses as indicated in the Zoning Matnx [Attachment A hereto]
(B) Condltiollal Uses: The following uses are subject to any conditions in tlm chapter and are subject to
other conditions relating to the placement of said use on a specifJc tract of ground in the (13-]) Light
Busl!1ess Zoning District as approved by City Council.
(1) Towers
(2) Other uses as mdicated in the Zoning ;Vlatnx [Attachment A hereto]
te) PermitteQ AccessQD,--L~_s
(1) Buildings and uses accessory to the perrllltted pnncipal use.
Page 36-66
Chapter ~6 c Zoning
(D) ~lce LimitatIons
r~- ---~"''---'---
, Cses i
L~--_~
f----i
\tinirnurn Setbacks
----1
\
B
C
()
E
; !
'--'~---~---r-----
I \tinirnulJ1
Pa reel
Area (feet)
i
Rear Side I Street I .\hniJllul11 i
Yard : Yard i Side ! Ground i
I (fee..'tJ (feet) .1 !;::;,~ I CO' ".age .1
~~ I -~r------ ~-,
10 I Iii ! " I ]0 I 75'/0 I
L~~ 110 i 5 . 10 i "0 I
~
i
:\laximu 111 i
Building !
Height (feet) I
3s'l
35 !
\linimuJll
Lot Width
(feet)
front
\' ard
(feet)
i
i
n;~~:~;littcd Lsrs
i
I .
r-----~-;------
I Conditional i
! Cses
L.....-
3,000
30
3.000
30
(E) T\1iscellaneous Provisions:
(]) 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
herem.
S36-68. (B-2) General Business Zone
II/leI/I: 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 coml11ul1lty and trade areas, and therefore will have close proximity to the major traffic conidors 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 prinClpal uses arc penmtted in the (B-2) General Business
Zoning District.
(I) Stores and shops that conduct retail business, provided, all activities and display goods are calTied
on within an enclosed building except that green plants and shrubs may be displayed in the open, as
per the Zoning Ylatrix [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
(S) Commy clubs
(9) Public, parochial and private schools havll1g a curriculum equivalent to an elementary or higher
educational level
(] 0) Colleges offenng courses of general instruction, including convents, monasteries, donnitohes. and
other related living structures when located on the same site as the college
(] l) Churches, synagogues, chape Is, and Similar places of religious worship and instruction of a quiet
nature
(] 2) Utility substations necessary to the functioning of the utility, but not including general business
offices, mamtenance facilities and other general system facilities, when located according to the yard
space rules set forth in this sectlOn for dwellings and having a landscaped or masonry barrier on all
Sides. Buildlllgs shall be of such exterior design as to harmonize with nearby properties
( 1.3 Public and quaSI-public buildings for cultural use
(]4 Railway right-of-way but not lI1cluding railway yards or facilities
Page 36-67
Grand Island City Code 2002 Edition
(] 5) :';onprofit community buildmgs and socia] welfare establIshments
(16) Hospitals, nursing homes, con\'alesccnt or rest homes
(17) Radio and televisIOn statlOns (no antennae), prIvate clubs and meetmg halls
(18) V ocalional or trade schools, busmess colleges, art and musIc schools and consen'atones. and
other sllndar use
( 19) Preschools, nursery schools. day care centers, children's homes, and snnilar facilIties
(20) Group Care Home with less than eight (8) indi\lduals
(2] ) Elderly Home, ASSisted LivlIlg
(22) Stores and shops for the conduct of wholesale business. ll1cludll1g 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 drivlJ1g range, storage yard
(no junk, salvage or wrecking)
(25) l'vlanuf~1Cture, fabrication or assembly uses incidental to "holcsale or retail sales wherein not more
than 200/0 of the noor area is used
(26) Other uses ZlS indicated in the Zoning )Vlatrix [Attachment A hereto]
(8) Conditional Use~: The fol1owing uses are subject to any conditions listed in this chapter and are subject
to other conditJOns relating to the placement of said use on a specific tract of grounclm 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 !\-1atrix [Attachment A hereto]
(C) Penilitted Accessorv Uses:
(]) Building and uses accessory to the permitted principal use.
(D) Space LimJtations:
I!!'~' I ---;/,1
.__ . Uses _ Minimum Sethaeks ,
ABC E i
I -j ~ l
I I Minim.um Minimum Front Rear Side Street Maximum :\'!axirnu/l1
Parcel Lot Width Yard Yard Yard Side I Ground Building I
i r Area (feet) (feet) (feet) (feet) I (feet) Yard I Coycrage Heigbt (feet) I
~ I (feet) I I
I Permitted l.'ses '--------:fO~-1 30 10 0' I 0' 10 I 100% ~
i -----J ~ -~ ~~
II C.'(.JnditionaI ,-;)()CI i ,n I 10 I <)' ./' 0' I 10 II. J OCj"" I ,- I
Uses - , . I '. . _ . I .. L- . [ ." I -)----.J
L,- No rear yard setback is required if bounded by an alley, otherwise a setback of 10 feet is required.
2 No side yard setback is required, but ifprovided, not less than five feet. or unless adjacent toa 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.
IE) '\liscellaneous 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.
,'\mended by Ord 0:0 8947. effective] -5-2005
Page 36-68
Chapter 36 c ZonJlJg
~36-69, (A C) Arterial Commercia] Overlay Zone
/lIielll. The mtenr of tillS zonll1g chstnct is to provide an overlay of the (B-2) Lleneral Busmess
Zonmg DIstrict m order to reqmre mcrcased front setbacks, landscapll1g, and the 11111ltatlon of some uses
\\ithin areas along entrance corndors of the cIty. ,\s the name implies, the overlay will be most commonly
used along an arterial street corrIdor.
(Al Lerll1illC~LFlincl].1jll t's~s: The following prinCIpal uses are permJtteclll1 the (AC) Arterial Commercia]
O\'t~rIay Distnct
(]) Agencies as found in the ZonIng I'vIatrix [Attachment A hercto]
(2) Boarding and lodgmg 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 I-lome, ASSIsted Living
(S) Group Care I-jome v.'ith less than eight (S) 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 200/c) of the floor area is so used
(] I) Nonprofit community buildings and social welfare establishments
(] 2) Office and office buildings for professional and personal service as found in the Zoning Matrix
[Attachment A hereto]
(! 3) Outdoor sales and rental lots for new or used automobiles, boats, motor vehicles, trailers.
manufactured homes, farm and construction machinery, etc.
(] 4) Preschools, nursery schools, day care centers, children's homes, and similar facilIties
(15) PublIc parks and recreatlOnal 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 theatTe, 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) L'tility substations necessary to the functioning of the utility, but not including genera] busmess
offices. maintenance facilitIes and other general system facilities, when located according to the yard
space rules set fonh 111 this section for dwellings and having a landscaped or masonry banicr on all
SIdes. Buildings shall be of such exterior design as to harmonize with nearby properties
(25) Vocational or trade schools, busll1ess colleges, art and mUSIC schools and conservatories, and
other similar uses
(26) Other uses as lI1dIcated in the ZOl1lng yratnx [Attachment A hereto]
(El) ConditionaU':se,2: The following llses are subject to any conditions listed 111 this chapter and are subject
to oIher conditions re!atll1g to the placement of said use on a specJtlc tract of ground 1I1 the (AC) Artena!
Commercial O\'erlay DIstrict as approved by City Couner!.
Page 36-69
CirzllJd lsland City Code. 2002 EditIon
( 1 ) Towers
(C) Permitted Accessory L'ses:
(1) Buildings and uses accessory to the permitted pnncipal uses
(2) Automoti\"C body repair may be accessory to nnl or llsed automotIve sales or rental.
outsIde storage of parts shall be penmtted.
(D) Space LImitatIOns:
!
I
provIded, no
-r-
Lst':-l
\linillllll11 Setbacks
I
I
ABC DE:
: I
r----- i I I '
: ,\Iinilllurn \linilllulll Front Rear Side Street' iVlaximlllll ! \laxillllllll II
I , Parcel i Lot Width Ynrd Ynrd I Ynrd Side I Ground i Building ,
II'"mu"" u'",! A ':~,:" 'I (':,:" i (':,:" (f::' '/ (f ::" (~:;'~ II co;::' '" I H 1"':'(1",, I
>--~-"r L-:--I i I .,(, r ,,) i
I C.'o, n(iitional - 'J(' i "l' I ~( I r' i (2 ! ] C' 80"/ --
Ill' , "',( )1) I . " J , _I I ) I J I ), '." ))
~~~~ I . . I . r .
No rear yard setback IS required If bounded by an alley, otherwise a setback of 10 fect IS [eqUlred.
, No side yard setback is required. but Ifpr'ovided, not less than 5 feet, or unless adjacent to a parcel whose zone
[cqUlres 3 side yard setback, then 5 feet
(E) Procedure:
(I) An appl ication for an amendment to the arterial commercial zone on the Official Zoning Map shall
follow all procedural requirements as set fortl1ll1 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 Ivithin 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 shaI! be designed to direct primary vehicular and pedestrian traffic to
arterial street access and reduce such traffic on adjacent non-arterial streets and al1eys.
Amended by Ord, No. 8947, effective ] -5~2[)[)5
S36-70. (B-3) Heavy Business Zone
In/enl: The intent of this zoning district is to provide for the multiple uses within the central
busmess district. Residential uses arc permitted at the density of the (RO) Residential Office Zone.
(A) Permitted Pri1lc:.i.J2A1 Ust::s.: The following principal uses are permitted in the (B-3) Heavy Business
Zoning District.
(l) 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, dorrnitories, and
other related lil'ing slructures when located on the same site as the college
(5) Country clubs
(6) Dwellll1g Ul1lts
(7) Elderly Home, ASSIsted Ll\lI1g
Page 36-70
Chapter 36 c ZOI1lng
(1') Group Care Home WIth less than eIght (8) ll1dl\iduals
(9) Hospitals, nLlISll1g homes, convalescent or rest homes
(10) Hote] and mote] uses
(] I) \lonuanes, funeral homes, and funeral chapels
(] 2)t\onprofit community blllldlllgs and sOCIal welfare establishments
(13) OffIce and ot1lce buildll1gs for professional and personal SerY1CeS as found in the ZOIllng \latnx
[Attachment A hereto]
(l4) Preschools, nursery schools, day care centers, children's homcs, and SImilar facIlities
(15) Public parks and recreational areas
(l6) Public, parochial and private schools havl11g a cumculum eqlllvalent to an elementary or higher
educational level
(17) Public and quasi-publIc buildings for cultural use
(l 8) Radio and televIsion statIOns (no antennae), pri\'ate clubs and meeting halls
(l 9) Railway right-of-way but not includll1g 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
(2]) Stores and shops that conduct retail business, provided, all activities and display goods arc 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 tTee fanning, provided, there is no display or sale at retail of such products on the
premJses
(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 banier on all
sides. BuIldings shall be of such exterior design as to harmonize with nearby properties
(24) Vocational or wide schools, business colleges, art and music schools and conservatories, and
other similar uses
(25) Other uses as indicated in the Zoning !\1atrix [Attachment A hereto]
(B) Conditional Uses: The followll1g 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.
(]) Manufacture, fabrication or assembly uses incidental to wholesale or retail sales wherein not more
than 20c;;() of the 1100r 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 Zonl11g Matrix [Attachment A hereto)
(C) Permitted Accessory LJses:
(1) Buildings and uses accessory to the permitted principal use.
Page 36-7]
Cirancllsland Cit\ Cock, .2002 EdJlIOn
~P) Space J:.:~mi~ation~~___~______
i ! .
~___~_____~_,____~_~_________'~__'___~_--r--'_______
('se,s
,\linirnUIll SetbacKs
, '
__~_._~_~---1~_~---------J___.____.~------.J
,\
B
c
JJ
E
.\linirnurll
Parcel
,\t'ea (feet)
:\liniflluTll ;
LOI Width i
I
(feet) ,
Fron!
Yard
(fert)
Rear
Yard
(feet)
Side
Yard
( feet)
Slr'eel
Side
'ianl
(feel)
:\'laxilllu III
Ground
CovcragC'
:\IaxiIllUIII
Building
Height (fect)
~
,;0 I iO I' 0' ()' ID
i --.- i .
r- Conditional )' i I ~ I
, (11')1) , ,i I,') I () I I,') I 1,-) C ' ] I"J --,'
I lses -'" 1 :1 ' i I
~~-----------:-
No rear yard setback IS required lfbounded by an alley, otherWise a setback of] 0 feet is required,
= No Side yard setback IS required, but ifprovided, not less than five fector unless adjacent to a parcel whose zone
requires a side vard setback, then five feet. \Vnen ad)'lcenl to a publiC alley, the setback ]S optional and may range (rom
o feet to 5 feet.
_~ ,(Jell)
Pernrittcd Lses
100'\;)
100(;-0
(E) Miscellaneous Provisions:
(1) Supplementary regulations shall be complied with as defined herein,
(2) Only one principal bui]dmg shall be permitted on one zoning lot except as otherwise provided
Amended by Ord, No, 8947, effeet]ve 1.5.2005
936-71. (ME) Industrial Estates Zone
flUent The intent of this zoning district is to provide for a variety of manufacturing, tTUck, 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 Pnncmal Uses: The following principal uses are permitted Il1 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 III this section, or unless specifically excluded, or a
conclitlOnal use as listed below,
(B) Condition.<1L~lses: 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 speclflc tract of ground in the (ts/IE) Industrial
Est3tes Zoning District as approved by the City CounciL
(]) Explosives manufacturing
(2) Towers (radio, television, satellite, etc)
(3) GraveL sand or dirt removal. stockpiling, processing or distribution and batching plant
iA) Trade and vocational schoo Is
(5) Other uses found in the Zonll1g Matrix [Attachment A hereto]
(C) Penllltted /\ccessorv Uses:
(I) 13UJIdings and uses accessory to the permitted principal uses or approved permitted conditlOnal
uses,
(D) 5~cl1Jglli:.I2'<:]uded ld2.~:
( 1) Automoti\'e \\Tcckmg or salvage yards
(2) Billboards
(3) Churches, schools, Illstit1!tlons and other SImilar public and semi-public uses except for trade and
vocational schools
Page -'6.-.2
Chapter 36 c Zoning
(4 Concrete or cement products manufactunng and batc hmg plants
(:) Contractor's storage yard or plant
(6 MIlling or sme lting of ores
Petro leum re finll1g
(8) ResIdentIal uses. an\
(9) Stock or feed yards and auctIon houses for livestock
(101 Storage. dump, or yard for the collection. salvage or bailing of scrap paper, bottles, iron, rags.
junk. or any other matena]s
(11) Storage of explosl\es
(12) Storage tanks or facilities for fuel oIls, petroleum, acids, flammable liquids and chemicals
(]3) Tanning. curing, or storage of hides or skins
(J 4) Other uses found in the Zoning Matrix [Attachment A hereto]
(E) Space Llmitations
I
i
Cses
Minimulll Setbaeks
I
I
I
I
I
I
ip"""",,,, tm -
Conditional
i t'les
Mini IllU ill
Parcel
Area
(acres)
I ,\'Iin
I Lot
I tfe
I-------+--
I 0
!
A I B I C D E I
I I
I
imum I Front I Hear Side I Street Maximnm Maximum
Width I Yard Yard Yard Side Ground Building
et) (feet) (feet) (feet) Yard Coverage Height (feet)
(feel)
50 I ~o 20 I 50 50(~'o 50 I
I I
-
2.5
2.5
2)0 50
20
20
50
50%
50
Tluough Lots shall requne 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 walklvays and of driveways to reach parking and loading areas in the side or rear yards,
provided, that any dnveways in the front yard shall not be wieler 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 unassembJed parts or eqUIpment shall be visually screened
from the surrounding area by fences, walls, p1antings, earth berm or other barrier and such screening
shall be opaque.
(3) :\0 loading t:1Cilities shall be located within a required front yard. Loading facilities located
between a builclll1g 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 extenor 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 zOl1lng lot except as otherwise provided
herein.
Page 36-73
Grand lsland CIty Code. 1001 Edition
936-72. (:\1-]) Light '\1anufacturing Zone
111[('111: The mlCnt of this zonmg distnct is to provide for 11ght fabrication. serVice. \\arehousmg.
adr1llnistTativc and research uses within a zoning district having generally limited public contact and
requinng some minimal landscapmg standards.
permitted Princ1p~lLl,:ses: The follow1l1g principalllses are permitted m the 1;\'1-]) Light Manufacturing
Zonmg District
(1) /\dnl1111strative, executi\'(>. professional, research and similar office use having limited contact with
the publIc
(2) AgriculnnT, mcluding the raismg of field crops. tree and bush crops. animals and fowls, but not
lllcluding feed lots, poultry farms, fur farms. and commercial kennels
(3) Buildings and installations for pllbhc utilities; facilities shall observe yard space reqUIrements but
shall not be subject to mimmum 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, processmg, assembly, fabrica tion or storage of non-hazardous products and materials
(7) Other uses found m thc Zoning Matlix [Attachment A hereto]
(B) Conditional Uses The following uses are subject to any conditions listed in this chaptcr and are subject
10 other conditions relating to the placement of said Lise on a specific tract of ground in the (i'v1-l) 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 batchll1g 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
(e) Pemlined Accessory Uses:
(1) Sales of Ilew merchandise when same is manufactured, processed, assembled, fabricated or stored
on the premIses
(2) BUlldings and uses accessory to the permittcd principal use
(D) Specifically Excluded Use>;:
(1) Any residentia1use
(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 Lil11ltations:
I
Uses
~ A i I~ -I ",~m""; Sdb7 r [ -I
II---~ ~--.-- I I
\linif11tlf11 I \linimull1
I parcel.. Ii Lot. Width
I Area (feet). (feet)
L______L
'Ion ClIiO !
I _.-. 100
I
i
I '\1axill1tlf11
I Building
Height (feet)
I -i
I 50 !
,
i
I
--'
I
I
~
I
i
I
I
21).000
Front ({('a I' Side Street \laximulll
Yard Yard Yard Side Ground
( feet) (feet) (feet) Yard Coverage
(feel)
'" r I 20 10 10 50'}-o
_1)
I
3S! 20 , j 0 I 10 [ 5n~.{,
I I ,
.J.~.____--L-~~_J..__
Permitted Uses
Conditional
Cses
100
50
1 \vith 15 feet adjacent to a street landscaped to satisfaction of the zoning official,
Page 36-74
Chapter ~6 c Zonll1g
tF) l\liscellaneous ProVIsions:
(1) Supplementary regulations shall be compiled \Iith as defined herem
(2) Landscapll1g shall be provided and mamtamed by the owner 01' developer within the 15 feet
adJacent to a street: landscap1l1g shall 1l1clude but IS not hmited to, screen plant1l1g, lawn area, trees,
sluubs, fences and \\alls; all landscaping shall be planned and mainta1l1ed to the satisfaction of the
70nmg offiCial.
C') Only one prinCIpal bLllldlllg shall be permitted on one ZOl1lng lot except as otherWise provided
herein.
Amended bv Ord. 1\0 8947, effcctlve J-)-200)
936-73, (;'\1-2) HcavylVlanufacturing Zone
JI1ICI1I: The intent of this zon1l1g district IS to provide for the greatest amount of manufacturing.
warehousmg, wholesaling and busll1ess uses. Conditional use penmts arc required for those uses with more
significant health and safety concems,
(AJ Permitted Principal Cses:
(1) Administrative, executive, professional, research and Similar office use haVIng lImited contact with
the public
(2) Agencies as found in the Zoning f\.latrix [Attachment A hereto]
(3) Agriculture, includll1g 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
(61 Gravel, sand or dirt removal, stockpiling, processll1g,or distnbution, 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
(l 3) Stores and shops that conduct retaIl business, provided, all acti vities and display goods are canied
on within an enclosed building except that green plants and shrubs may be displayed in the open, as
per the Zoning Matrix [Anachment A hereto]
(] 4) Stores and shops for the conduct of wholesale busllless, 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, tTailer, or truck storage, including mamtenance 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 tIllS section for dwellmgs and ha\'ing a landscaped or masonry banier on all
sides. Buildmgs shall be of such exterior design as to harmonize With nearby properties
( 18) Vocational or trade schools, bus mess colleges, art and music schools and consen'atones, and
othel similar uses
(19) Other uses found in the Zoning ,\1atrix [Attachment A hereto]
(B) Conditional Uses: The following uses arc subject to any conditions listed m this chapter and are subject
to other condItions relating to the placement of said use on a speclfic tract of ground in the (lv1-2) Heavy
\hnufacturing ZOl1lng Distnct as approved by City Council.
Page 36-75
Grand Island Cit~ Code. .200.2 Edition
(I) AutomobIle \lTcckl11g \ard
(.21 ACId lJ! aCId by-products manufacture
(31 /\.mmOl1la blcachlI1g powder, chlorlI1c. perozylin or celluloid manufacture
Explosl\'es manufacture or storage
Garbage, refuse, OtTl] or dead ammal reduction or dIsposal area
(6) Glue manuLlcture, fat rendering, ellstillatlon of bones or by-products
\leat pacbng plants, mcludmg poultry and aml11L1] slaughterhouses and abattoirs
(8) Milhng or smelting of ores
(9) Petroleum refining
(] 0) Iv10te]s and hotels
(I ]) Petroleum rcfimng
(] 2) Stock or feed yards
(] 3) Salvage yard
(] 4) Tanning, curing, or storage ofllllies or sbns
(15) Towers
(C) Permitted Accessorv Uses:
(I) Buildmgs LInd uses accessory to the permitted principal uses
(D) $.ps_cificallv Excluded Uses:
(]) Any residentiLlI use
(2) 1\1anufactured homes, and manufactured home parks
(3) Churches, schools, institutions and other public and semlcpubhc uses except for trade and
vocational schools
rE) SpLIce Limjtations:
I ---r-
I I
I
I
I
I
i
I
I
I
I
I
I Pe
t:ses
Minill1uJll Setbacks
I I - I
I I I r-
B C I D E i
A I I
!
, I
I I I I I
\Iinimum !\linill1ull1 Front Rear I Side , Street :Vlaxill1ull1 '\laxill1um
Parcel Lot Width Yard 'Yard 'Yard I Side Ground Building
I I I I , I
Area (feet) (feel) (feet) (feet) I (feet) Yard Coverage Height (feet)
I I (feet) I
, I I
rmitt('d US('S 1 (1.00ll 50 I 10 I 0' 0' 10 G5{%
I
nditiunaJ I 6,000 I 50 I 10 I 0' I 0' 10 65%1
es I
Co
Us
I None when bounded by an allcy. othen\lse 10 feet
2 No reqUIred Side Yard Setback, but if provided, not less than 5 feet or unless adjacent to a parcel whose zone requircs
a side yard setback. then 5 feet When adjacent to a public alley, the setback ]S optional and may range from 0 feet to 5
feel.
(F) Miscellaneou~'provisiQI~
(1) Supplementary regulations shall be complied with as defined herein
(2) Only one principal building shall be permitted on one zoning lot except as otherwise proVIded
herein.
Amended by Ord. No. 8947, cffect]ve 1-5-2005
936-74. (M-3) 1\fixed Use Manufacturing Zone
Il1ten1: To provide for a mIX of lighl manufactunng, warehousing, wholesaling, retail, and
reSIdential uses. This zoning district is retlective of the mix of uses J1lStorically present along the Union
Paciiic Ratlroad tracks through the central citv.
Page 36-76
Chapter .3 6 c Zoning
Eermined Principal l1ses
( 1 ) Churches
(2) Residential dwellings at the same densIty as the (R-4) IIlgh Density ResidentIal Zomng Distllct
(3) Truck terminaL ttactor, trailer, or tTuck storage, lI1cluding mall1tenance facll1tlcs
(4) Animal hospital and vetennary c limc
(5) Arena or athletic field or track
(6) Automobile body repaIr
(7) Automobile service statIon
(8) Bakery
(9) Bott]lI1g plant
(10) Blueprinting
(1 ]) Brewery or disttllery
( 1 2) 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
( 1 8) 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 sirnilar materials: but not explosives, vitreous
ware, pottery and porcelain manufacture
(30) \\7arehouse
(31) Manufacture, processing, assembly, fabrication or storage of products and materials similar to the
above
(32) Railway nght-of-way, including yards and facilities
(33) Other uses as permilted in the Zoning Matrix [Attachment A hereto]
(B) Conditional Lses: The following uses may be permitted, if approved by the city council. in accordance
with procedures set forth in Article VIol' thIS chapter.
(1) Salvage yards except those dealmg primarily with hazardous oj- regulated waste
(2) Towers
(e) ~Tmitted Accessorv Uses:
(1) Buildings and uses accessory to the permined pnncipal uses
(D) Specifically Excluded Uses
(1) Manufactured home parks
Page 36-77
Grand Island City Code. 2002 I::ditlon
(E) ~ce 1~_llJ1itat]()ns:_____m_~
t'ses
-.------~I
\Iinirnllrn Setbacks
~~----+
, I
i I
I
1---------;---
i .\Ii n i rnll fll
, I' ncel
.\ re:\ (frrt)
\IinirnuIl1
Lot Widtll
\ feet)
Front
Yard
(frrt)
Ht'_ar
CD. E .
----J_______+____-------1
I
i
A
B
Yard
( feet)
Side
Y'lrd
Ifl'd)
Street
Side
Yanl
(fel't)
,
\laxill1l1fll
Grollnd
Coverage
\laxirnllOl I
Building
Height (fert)
i- I
i Pennitted Lsl's 6.0CiO I :
I I 51) i
I I
-lc.O~lditjOnal 1~;;--~--'~ SO ~j' 10' n- OJ. 10 .
ses I . i I . i i
] Shall be zero \\hen located In Central BuslIless DIslrIct and Fourth Street BUSllless DISliKt
? None when bounded bv an allev. otherwise] 0 feet
:' No required Side '{ali Setback: but If prcwided, not less than 5 feet or unless adjacent to a parcel whose zone requires
a Side yard setback. then 5 feet. V/hen adjacent to a public alley, the setback IS opt\c)!1al and may range from 0 feet to 5
feet.
lOi
(,'
0'
1('
651~il
- I -'I
6)(;'1; i
........J~_....J
(F) Miscellaneousnovlsions:
(I) Supplementary regulations shall be complied with as defined herein
(2) Only one (1) principal building shall be pemlitted on each zoning lot except as otherwise provided
herein.
Amended by Ord No. 8947, effective 1-5-2005
936-75. Reserved
936-76. (CD) Commercial Development Zone
(A) Intent The intent of this zonmg district is to permit a more flexible regulation of land use so as to
more fltlly implement comprehensive plannt1lg for large parcels of land proposed for cOlllil1ercial 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 7.oning Jurisdiction.
(c) Limitations
(I) 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 deYelopment shall be designed as a smgle architectural scheme with
appropriate common landscaping
(4) Adequate parkmg space shall be provided for all employees', visitors', and users' vehicles, and stich
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 streC't 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
pubhc street, right-of-way, or property line
(6) The maximum ground coverage shall not exceed 500" of each site wilhm the (CD) Commercial
Development Zoning District.
(7) The mil1lJ1luJ1l off-street parking reqUlrement shall be pronded as defined in this chapter of the city
code.
Page 36-78
Chapter 36 c Zonmg
(D) O\\'nershl]) i\ (CD) Commercial Development Zonll1g DlSlTICt shall reqUlre a tract of land wlllch is
dcveloped as a unit under single ownership or cOJ][roL or which IS under sll1g1e designated control by a
common ownership at the time It is certified as a (CD) Commercial Development Zone.
(E) PermittedCses
(l) Public and quaSI-public buildings for cultural use
(21 0Jonprofit commu11lty buildings and social welfare establishments
(3) Radio and television stations (no antennae), anclmeetll1g halls
Offices and office buildings
IS) Stores and shops for the conduct of retail bus mess, provided. all activities and displays of goods are
carried on withm an enclosed building except that green plants and shrubs may be displayed in the
open.
(6) Retail uses as found in the Zonmg \1atrix [Attachment A hereto]
(7) Agencies as found in the Zoning IVlatrix [Attachment A hereto]
(8) Shops as found In the Zoning MatriX [Attachment A hereto]
(9) Motcl and hotel uses.
(l 0) Other uses as found in the Zoning 1\1atrix [At1achment 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
(l) 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 il1ltiated 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 lIlformation:
(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 Cl\mership or control of tbe entire parcel to be used as a planned unit development
by a smgle person, association. firm, etc., as defined herein.
(f) Evidence of economic feasibility: a copy of such application and supplementary mformation
shall then be forwardcd by the city clerk to the Planning Commission for review. hearing. and
recommendation.
(3) In reviewmg the application for amendment, the Plmming Commission shall determine the
following factors:
(a) That the proposed development will be in the public interest, in harmony with the pmvose of
this chapter and With comprehenSive development plans for the City and will not adversely affect
nearby property.
(b) That adequate, safe. and convement pedestrian and vehicular trafficways and facIlities are
provided.
Page 36-79
Grand Island City Code, ::002 EdItIOn
(c) That the de\'elopment to be permitted shall bc for the puq)ose of developl!1g an integrated SHe
plan m conformity with the regulations for a CD-Corllillcrcial Development Zone,
(4) The Plannl!1g Comn1lSsion shall hold a pubhc hearing on thc proposed amendment and sball
transmit HS recommendation to the city council: a copy of the recommendation shall be sent to the
applicant and one copy shall be rctamed in the permanent files of the Planning Commission.
(51 Procedure and actIOn by the city council shall be the same as considenng an amendment to a (CD)
CommercIal Development Zoning Dislrict as in Article X of this chapter.
11) ~~ce]]aneous Provisions:
(J) 1t IS intended that plans required for review andappro\'al must be Il1 a form that will satisfy the
requirements of the subdivision regulations for both the prelimmary and final plat and that approval for
plans and plats be considered sll11Ultaneously,
(2) The approved and filed final plan and plat shall be the basis for issuance of a building permit ll1
conformity therewith: the initIal building permit shall include as a minimum 50(~-<j of the main building
or structure: fi'ee-standmg subordll1ate buildings shall not be included in the initial permit and shall not
receive a permit until the initial permit phase is O\'CT 50% constructed: plan changes which increase the
number of buildings, increase building height or bulk, or change tbe location of buildings or other
features whlCh materially affect the basic design of tbe development sball 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 tbe
construction of the footings and foundations for the initial buildmg permit within eighteen (18) months
after the cHy 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 bave 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 shaJJ 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 vv'ithin the (CD) Commercial
Development Zoning District will be governed by the approved final development plan
exclusively,
(e) 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:
Ii) Any minor extensions, alteratIons, Of modifieations 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 buildmg or structure by more than ten percent.
(Ii) A building or structure that is totally Of substantially destroyed may be reconstTucted
only in compliance with the final development plan unless an amendment to tbe final
development plan is approved under subsection iiii) hereof
(iii) All other changes Il1 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 OtTicial 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 contll1ued successful functioning of the
commercial development, or unless they are found by the Clty councIl to be required by
changes II1 conditIons that have OCCUlTed smce the final plan was improved Of by changes m
the comprehensive planl1lng and deve lopment policy of the City
Page 36-80
Chapter 36 c Zoning
~36-77. (TD) Travel Development Zone
Intent: The intent of this zoning district is to provide for only those trade and servIce uses 1I1
connection with federal interstate highway interchanges as are needed and considered appropriate to the
location.
(A) Permitted Principal Uses:
(]) Motels and/or hotels
(2) Restaurants and cafes, with or without drive-in facilities
(3) Lounges and/or taverns
(4) Automobile service sta tions and tlUck service centers
(5) Automobile and tlUck 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.
(]) 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) Pem-lilted Accessorv Uses:
(]) Buildings and uses accessory to the permitted principal use
(D) Specifically Excluded Uses:
(l) Any residential use except quarters for management within the principal building
(E) S L'
,pace ImltatJOns:
l'ses Minimum Setbacks I
A II C D E
Minimum Minimum Front Rear Side Stred Maximum Maximum
Pa reel Lot Width Yard Yard Yard Side Ground Building
Area (feet) (feet) (fect) (feet) (fcet) Yard Coverage "Ieight (fert)
(feet)
Permitted Uses 40,000 200 50 20 10 50 60% 50
I Conditional 40,000 200 50 20 10 50 60% 50
lJ ses
] with] 5 feet adjacent to a street landscaped to satisfaction of the zoning official.
(F) Miscellaneous Provisions:
(]) 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, law11 area, pools, trees, shmbs, fences, and walls.
ClUshed rock, gravel, bark chips shall not substitute for law11 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.
Page 36-81
Grand Island City Code, 2002 Edition
S36-78. (RD) Residential Development Zone
(A) Intent: The intent of this zoning district is to permit a more flexible regulation of land use, and so as to
more fully implement comprehensive planmng for large parcels of land proposed pre.dominantJy 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) L1I11jtations:
(1) In a (RD) Residential Development Zone there shall be provided a lmnimum 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 the property within the (RD)
Residential Development Zone.
(7) The minimum off-street parking requirement shall be two parking spaces for every dwelling unit,
pIllS 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 cOl11mon ownership at the time it is ce11ified as an (RD)
Residential Development Zone.
(E) Permitted Prill91)al Use~: 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.
( I) Towers
(G) Pennitted Acc~'iSorv Uses
(I) Buildings and uses accessory to the permitted principal use
(I-l) Specificallv Excluded Uses:
(I) RaIlway right-of-way, including railway yards or facilities.
(2) Truck, bush, and tree farming.
(3) Boarding and Joclgmg housing, fraternity and sorority houses.
Page 36-82
Chapter 36 c Zoning
(4) Nonprofit conmmnity buildmgs and social welfare establishments providing linng
accommodations.
(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 m such form as shall be required by the cIty
council and shail be accompamed 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 plamled unit development
by a single person, association, firm, etc., as defined herein.
(i) 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, heanng, and
recommendation.
(3) In reviewing the application for amendment herein, the Planning Conunission 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 pennitted 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 Conmussion shall hold a public hearing on the proposed amendment and shall
transmit its reconunendation 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 onentation,
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 fall to have completed the
construction of the footings and foundatIons for the initial building permit within eighteen (] 8) months
Page 36-83
Grand Island City Code. 2002 Edition
after the city councIl shall approve a rezoning to a (RD) Residential Development Zone. the area 1I1 its
entirety shall be reverted to its former zoning classification by appropriate action of the city counciL
provided, that the city council shall have the power to extend said period by six months in the event of
special and unique hardships and circumstances.
(4) Control of the development following completion:
(a) The chief building official shall issue a certificate certifying the completIOn of the planned
development. and shall note the issuance of the certificate on the final development plan.
(b) After tIle certi ficate of completion has been issued, the use of land and the constmction,
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
buIldmg or stnlcture 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.
Amended by Ordinance No. 8976, effective 06-08-2005
936-79. (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 tuming zones must be identified.
(A) Pem1itted Principal Uses:
(1) Uses as listed under permitted principal uses in the zone or zones underlying the Airport Zone
indicatlOn
(2) Landing fields for all types of aircraft, either private or commercial.
(8) Conditional Uses
(I) Uses as listed under permitted conditional uses in the zone or zones underlying the Airport Zone
indication.
(C) Permitted Accessorv Uses:
(I) Uses as listed under pennitted 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 conm1ercial or industrial operations normally found at all such airfields unless
permitted in the underlying zone or zones.
(D) Space Limitations:
(I) Same as listed under space limitations in the zone or zones underlying the Airport Zone indication.
(E) Procedure:
Page 36-84
Chapter 36 c Zoning
( 1,1 An applIcation for an amendment for In AIrport Zone to the Oflicial Zoning ivlJp shJIl follo\\ as
procedure reqLl1remcnts for amendment as set forth in Article X of thIS chapter. and 111 addItion. shall
mclude the following 1I1formation:
(a) Site plan showll1g preCJse location Jnd chmensions of all IlIn\\ay's and facilIties, buildings. and
service areas, ramps and aprons, de.
ib) Diagram oLdl Jpproach and clear zones, glide paths, etc.
(c) /\ report from the Federal /\.viJtlon Agency on the proposed aIrport usage and approval of the
JI1tended locJtion.
(F) 'vliscellaneous Provisions:
(I) Same as listed under misce]lJneous pro\'isions In the zone or zones underlying the Airport Zone
indication.
936-80. (GCO) Gateway Corridor Overlay District
Intent: The City of Grand IslJnd has established basic site and building development criteria to be
Implemented \vithin the boundJries of this overlay district. These criteria ll1clude, 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 entrJnce into the City of
Grand Island from the Interstate corridor. CJuiding 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 Conidor Overlay District extends generally to Wood River Road or the
southem portion of the Grand Island Extraterritorial Jurisdiction. The overlay districts generally
are one-half mile wide and centered along U.S. Highway 28] south of Schimmer Drive and South
Locust StTeet south of US 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 graphicJlly defined area,
see the Official Zoning Map.
(B) Criteria For Application:
(]) All conm1ercial developments consisting of more than one principal build111g, mixed-
uses, multiple-pad development andlor similar shall be reqllJred 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
111 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 pnncipal building, mjxed-
uses. multiple-pad development and or SImilar shall be requIred to meet the zoning
requirements of the Industrial Estates Zone. The design criteria of t11lS section shall be met as
pJrt of the subdivision appronL
(3) All commercial or industrial developments consisting of one principal building with
single or mixed uses 111 an eXIsting zone shall comply \vjth the design cmeria of this section.
Page 36-85
Grand Island City Code, 2002 EdItion
This \\ould include additions and exterior remodelmg ofcxlstJIlg structures
(4) All residential subdinsions shall be requm:cl to meet the landscape and site treatment
criteria whenever the proposed development is adjacent to an arterial or frontage road The
critena shall be Implemented for the entJre frontage, ll1cludll1g entrances into the
development. Exception: Single-family dwelling units within this overlay on property zoned
for Agricultural or Transition Ag.nculture shall be cxempted from these criteria,
IC) Crit~riafor Appearan,<;:"S::
(I) Relationship of Buildmgs to Site- The site shall be planned to accomplish a deSIrable
transition \\ith the streetscape and to provide for adequate planting, safe pedestrian
movement. and parking areas.
(a) Site planning in which setbacks and yards are ll1 excess of standard
commcrcial zoning restrictions is encouraged to provide an interesting relatlOnship
between buildings.
(b) Parking areas shall be treMed 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) adj oining buildings,
(d) New]y insta]]ed utility services, and service revisions necessitated by
exterior alterations, sha]] be underground,
(2) Relationship of Buildings and Site to /'l.dioining Area (Outside of Subdivision)
(a) Adjacent buildmgs 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
adj oining properties.
(c) Harmony in texture, lines and masses is required, Monotony sha]] 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 pattems contribute to beauty and
utility of a development, they shall be preserved and developed, 1'vfodification to
topography will be permitted where it conh'ibutes to good site design and
development.
(b) Grades of walk, parking spaces, telTaCeS, and other paved areas shall provide
an inviting and stable appearance for walking and, if seating lS provided, for sitting,
(c) Landscape treatments s]1all be provided to enhance architechlral 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 vaneties and
other materials and by correlation with adjacent developments,
(e) Plant material shall be selected for interest in its sh'ucture, textme, 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 sha]] be used.
(f) Site must be serviced by an underground or approved lITigation system ill1d
all plant material shall be kept m good health and mamtained. lf plant material dies,
it shall be replaced.
(gl Parkmg areas and traffic \vays shall be enhanced with landscaped spaces
Page 36-86
Chapter 36 c Zonll1g
containing trees or tree groupmgs.
(h) CSt of walls. fencll1g, planting, or combmatlOns of those shall accomplish
screenmg of sernce yards and other places that tend to be unsIghtly Screenll1g shall
be equally effective in WInter and summer.
(i) Extenor lighting, \\hen used, shall enhance the building desIgn and the
adjoinmg landscape. Building fixtures shall be of a desIgn and size compatible with
the building and adjacent areas. Lightll1g 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.
CiJ All fencing within this Overlay District shall be defined includl11g heIght,
tYVe and materials within the development plan.
(k) Fencing within the Overlay DIstrlCt and as part of an Industrial Development
may be required to be a solid fence.
(1) All signs shall meet the Sign Design Criteria withm Chapter 3 I 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 materia] 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, vvood, 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
allo\\; other primary building designs (of good architectural character, i.e. CMU, poured-
in-place concrete) for portions of the buildmg not visible from public areas, Other
secondary building materials shall have good architectural character and shall be selected
for harmony of the building \,ith 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 stTuctural frame is exposed to view, the stlUctural
materials shall be compatible within themselves and harmonious with their surroundings.
(g) Building components, such as \vindovvs, 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 ret1ectance and shall not be of high-intensity or
metallic colors unless the colors are true to the materials bell1g used.
(j) lVlechanical equipment or other utility hardware on roo( 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.
Page 36-87
l;rand Island City Code, 2002 EditlOn
(I) Refuse and waste removal areas, sernce yards, storage yards, and exterlOr
work areas shall be screened fi'om view from public ways, usmg matenals as stated in
cnteria for eqUIpment screening.
(111) The style and material of the signs shall be Il1cluded \vlthm the development
(n) \10notony 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 artenal street unless it is
demonstrated that this would not be feasible.
(D) factors for Evaluation:
The following factors and charactenstics, 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 util1zation
(4) Architectural character
(5) Attractiveness of the material selection
(6) Harmony and compatibility
(7) Circulation-vehicular and pedestnan
(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 ~36-76 of this chapter.
(2) Indush-ial Development Zone application. All industrial developments within the
Gateway Corridor DistTiet shal1 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 industyial buildings or developments shall comply WIth the
provisions of the Gateway Corridor Overlay Distnct. 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 Admimstrative forms
for a listmg of required submittals.
(7) Cel1ificate of Apprrwal. Cpon a successful revievi, the City of Grand Island \\illlssue
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 even!, where the Applicant. City staff and/or a design review architect
plan.
Page 36-88
Chapter 36 c Zonll1g
representing the Crty, or the site plan and design review C0I11Imttee calmot come to an agreement.
the /'\pplIcant may appeal the decisIOn by requesting an amendment to the subdIvision agreement
fiom the Grand Island CIty Councd.
(9) Ceniflcate of Occupancy Pemlit. After the budding pernut IS issued, all design
requirements must be completed as approved 111 order for a Certificate of Occupancy to be issued
( lO) ;v1amtenance of Deslgn Requirements. The applIcant needs to maintam 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.
S36-81. -M and -IVID Manufactured Home Overlay Zones
Purpose: To provide for overlay zoneS \vhich 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:
(l) WIthin the -\1 Zone:
(a) Uses as listed under permitted principal uses in the zone or zones underlying the -M
ManuLlctured Home Zone designatIOn.
(b) Manufactured single wide, double wide, or sectional homes; provided, that skirting shall be
required for all units.
(2) \Vithm 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) 111mimum pitch of the mam 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, masomy, or other materials generally
acceptable for site built housing and applied in a manner similar in appearance; provided, that
retlection 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.
(13) Permitted Accessory Uses:
(]) L ses as lrsted under permitted accessory uses in the zone or zones underlying the Ivlanufactured
Home Zone designation.
(C) Perrmtted Conditional Uses: The followlI1g uses may be permitted, if approved by the city councrI, m
accordance with the procedures set forth in Article VIII of this chapter:
(1) Uses as lrsted under perrmtted conditional uses 111 the zone or zones underlying the \-Ianufactured
I-lame deSIgnatIon.
iD) Space Lil11ltations:
(1 ) \11l1imum zoning area per manufactured home: Same as underlYll1g zone but in no event less than
3.000 square feet
Page 36-89
Grand lsland City Codc. 2002 EdlllOn
(2) \lmlmum zonlI1g lot: Samc as underlymg zonc but In no event less than 6,000 square feet
(3) \1 mi mum lot \\]dth: Same as under! Y1l1g zone
(4) !vllI1lmum front y'ard' Same as underlY1l1g zone
(5) \linll11\lI11 rear yard Same as underlying zone
(6) Ivlmimul11 SIde yard: Same as unclcrlYll1g lOne but in no event less than 10 feet for manuLlctured
homes
(7) \laxlmum ground coverage: Same as underlYlIlg zone
(E) Procedure:
(1) An application for an amendment for the Manufactured Home Zone to the zoning map sha]] fo]]ow
all procedural requirements for amendments as set forth herein. and. in addition, shall lI1clude the
following ll1fOrmatlon:
(a) Site plan showing precise number. locations, and dlmenslOns 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
pell11Jt or as a preliminary subdivision study, whichever is the intention of the owner.
(b) Data as may be requested by the chlef building official to determine that the proposed
manufactured home development will comply with alllega] requirements.
(F) Ivlisccllaneous Provisions:
(I) Supplementary regulations sball be complied with as defined herein.
936-82. Reserved
936-83. Reserved
936-84. Resened
936-85. Reserved
936-86. Reserved
936-87. Reserved
Article VI. Conditional Use Permits
936-88. 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
additlOnal information as it deems proper.
936-89. Authorized Conditionall)ses
The followmg uses may be granted by the city council as a permitted conditional use m
accordance with the procedure as set forth in this article:
(A) To pennit uses as listed under the pern11tted conditional uses withm the respective lOlllng
districts as specified in this chapter;
(B) To permit the appropriate use of a lot less Il1 area by not more than ten percent of the area
reqUIred by this chapter:
(e) To reduce the applicable off-street parking or loading facilities required by not more than two
parkmg spaces or one ]()admg berth or twenty percent of the required number. whIchever IS greater;
Page 36-90
Chapter 36 c ZOl1mg
936-90. Conditional Uses; Procedure
After receipt of a conditional use application and application fee, the city clerk shall scbedule 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 \",ith 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 heanng. 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
pa11 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 vlOlation of
a permitted conditional use or a conditIOn or safeguard which is made part of the telms 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. Cpon receipt of said \\Titten 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 certifjedmail, return receipt requested. demandmg
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 \\Tltten notice shall
include a description of the violations and the underlying facts supporting such allegations.
Page 36-9]
Grand Island Citl Code. 2002 EditIOn
I l' the liolations stated in the foregomg notice and demand are not ellmJJ1ated and the property
brought ll1to compliance Ilith the city code and the permitted conditional use by the date certam, the
buildmg department dIrector shall send such person a notIce of hearmg before the city council to consider
revocaTion of the condItional use permit. The public hearmg shall be conducted formally. The building
department director, city attorney or then respecTive designees shall present oral or wntten statements or
reasons supporting revocation of the permitted conditional use. The property owner(s) or designee(sl 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 hom or less. Any mterested person may be
heard follOlling presentations on behalf of the city and the property owner. upon conclusion of the hearing,
the city council may atTinn, revoke, or modify the permitted existmg 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 proeessmg fee, as provided in the City of Grand Island Fee Schedule, which
shall not be refundable.
~36-92. Reserved
936-93. Reserved
936-94. Reserved
936-95. Reserved
Article VII. Supplemental Regulations
936-96. Off-Street Parking Requirements
I A) Plltvoses:
(I) It is the intent of this section that all buildings and uses shall provide off-street parking and
loading facilities in a minimum amount as required herein to meet the needs of such buildings and uses
on private property and under the same ownership as such buildings or uses. The accommodations may
conslst 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 08-22
(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
pel1l1it for such building, addition, alteration, or use shall be approved unless accompanied by a plot plan
shmving the location and amount of off-stTeet parking ai1d loading spaces as required herein for the existing
or proposed building or use and mcluding all such addJtions or alterations. No occupancy or use pen11Jt
shall be issued unless the required parkll1g and loading facilities shall have been provided in accordance
with the approved plot plan. ReqUIrements shall be applica ble to all zones and districts but not to include
the following business districts:
(1) Cenrra! BlIsll1e.ls Disrrict as identified and described 111 Chapter 13 of this code as the Downtown
Improvement and Parking DistTict No.1.
(2) Fourth Strecr BZlSIlICSS Distria Begmning at the intersectlOI1 of Eddy StTeet and the alley 111 the
block bel\I'een Fourth and Fifth Streets; thence easterly on the alley to the intersectlOn of the alley w]th
Page 36-92
Chapter 36 c Zoning
Sycamore Street: thence southerly on Sycamore Street to 100 feet south of the south right-of-way line
of North Front Street; thence westerly on the aforesaid line to its intersection with Eddy Street: thence
northerly on Eddy Street to the point of beginning.
(C) Area and Computation: An off-street parking space shall be of appropriate dimensions of not less than
180 square feet exclusive of access or maneuvering area, ramps, columns, etc., and shall have a vertical
clearance of not less than seven feet. An off-street loading space shall be of appropriate dimensions of not
less than 360 square feet exclusive of access or maneuvering area, ramps, columns, etc., and shall have a
vertical clearance of not less than fourteen feet. \Vhen detemlination of the number of off-street parking or
loading spaces required by this chapter results in a requirement of a fractional space, any fraction of one-
half or less may be disregarded while a fraction in excess of one-half shall be counted as one parking space.
(D) Location: All off-street parking spaces shall be on the same lot as the building or within 300 feet of
the lot. Permanent off-street parking spaces shall not be pemlitted 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 nlixed 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 dinlinish traffic hazards to conserve space where space is at a premium and to
promote orderly development generally, the city council is hereby authorized to plan and group parking
facilities collectively for a number of businesses in a given area, and especially in the central business
district, in such a manner as to obtain a maximum of efficiency and capacity in parking and traffic
movement.
(F) Employee Parking: Parking spaces required on an employee basis shall be based on the maximum
number of employees on duty on the prenlises 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 drivev,ay 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 pen11anent type, dust-tree 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 Agriculhlral 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 prenlises for which the facilities are provided. The facilities must be so
Page 36-93
Grand Island CIty Code. 2002 EditIOn
deSIgned and ma1l1ta1l1ed as not 10 constitute a I1LllSanCe at any time and must not be used in such a manner
as to constitute a hazard or unreasonable impediment to traffic.
(I) ReductIon of .'\umber of Spaces: Off-street parking or loading facilities shalI not be reduced in total
extent, after their provisIon required hereunder, except upon the approval of the Board of Adjustment, and
then only after proof that the parking or loading spaces are no longer required by reason of a change in use
of the premises of which the facilities arc adjunct.
(J) Requirement for Uses Not Listed: For any use not listed, the Board of Adjustment shall determine the
proper reqUlrement by classifying the proposed use among the uses specified herein so as to assure equal
treatment.
(K) /\dministration 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 shalI also serve in
advisory capacity to the city council onl11atters 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
altemate facilities that meet the requirements herein. Penalty provisions applicable to this chapter as a
whole shalI 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 nulI and void.
Amended by Ordinance No. 8976, effective 06-08-2005
936-97. Schedule of Minimum Off-Street Parking and Loading Requirements
Uses
Adult entertainment establishments
Bowling Alleys
Churches, Synagogues, and Temples
Clubs, including fraternal organizations
College/V niversity
Commerciall!ses
Agricultural Sales / Service
Automotive Rental/Sales
Automotive Servicing
Bars, Taverns, Nightclubs
Body Repair
Equipment Rental/Sales
Campground
Commercial Recreation
Communication Services
Construction Sales / Service
Food Sales (limited)
Food Sales (general)
Furniture Sales
General.RetaiJ Sales establishments
Laundry Services
Restaurants (General)
Convalescent and '\ursing Home
Services
Day Care
Educational C:ses. Primary facilities
Educational tses. Secondary facilities
Parking Requirements
Onc (l) space per 2 persons of capacity
Four (4) spaces per alley
One (I) space per 4 seats in main worship area
One (1) space per 500 s.f. of net !loor area
One (I) spaces per every two (2) students of occupancy
one
Loading Requirements
None required
One (I) space per establishment
None required
None required
Two (2) spaces per structure
One (1) space per 500 s.f. area
One (I) space per 500 s. f of net floor area
Three (3) spaces per rcpalr stall
Parking equal to 30% of licensed capaelty
Four (4) spaces per repair stall
One (I) space per 500 sf. of net !loor area
One (I) space per camping unit
One (I) space per 4 persons of licensed capacity
One (I) space per 500 sf. of net !loor area
One (I) space per 500 s f. of net floor area
One (I) space per 300 s.r of net !lam area
One (I) space per 200 s f. of net !loor area
One (1) space per 500 s.f. of net !loor area
One (I) space per 200 s.r of net floor area
One (I) space per 200 sf. of net !lam area
Parking equal to 2 of evcry 5 seats
One (1) space per 3 beds plus 1 per employee on the
largest shlft
One (I) space per employee plus 1 space or loading stall
per each 10 persons of licensed capacity
Two (2) spaces per classroom
Eight (81 spaces pcr classroom plus I space pcr
Page 36-94
One (J) per
One (I) per establIshment
None required
Two (2) spaces per establishment
Nonc required
One (I) Space
None required
One (1) per establishment
Onc (I) per establIshmcnt
One (I) per establishment
Onc (1) per cstablishment
Two (2) per establishment
Two (2) per establishment
One (I) per establishment
None reqlllred
Two (2) spaces per establishment
Two (2) space per structure
None required
Two (2) spaces per SlI-UClure
Two (2) spaces per structure
Funeral Homes and Chapels
Group Care Facility
Group Home
Guidance Services
Hospitals
Hotels and !\lotels
Housing
Assisted-living facilities
Duplex
Independent (restricted) facilities
Multi-family! Apartments
Single-family, attached & detached
Industrial Uses
Libraries
Boarding Houses! Bcd and Breakfasts
Medical Clinics
Manufactured Home Park
Offices and Office Buildings
Roadside sta nds
Service Oriented Establishments
Theaters, Auditoriums, and Places of
Assembly
Veterinary Establishments
Wholesaling! Distribution Operations
Chapter 36 c Zoning
employee on largest shift
E1ght 18) spaces per reposmg room
One \ 1) space per.. persons of licensed capacty
One (1) space per 4 persons of licensed capacity
One (I) space per 300 s.f. of net floor area
One and one-half (1 1/2) spaces per 2 licensed beds;
plus, .75 times the maximum number ofemplovecs
during the largest shift
One space per rental unit
One (]) space per two dwelling unit plus I space per
employee on the largest shift
Two (2) spaces per dwelling unlt
One (i) space per dwelling unit
Two (2) spaces per dwelling unit
Two (2) spaces per dwelling unJt
.75 times the maX1l11Um number ofcmployees during the
largest shi ft
One (I) space 500 s. f. of net noor area
One (I) space per rental units
Five (5) spaces per staff doctor, dentist, chiropractor
Two (2) per dwelling unrt
One (1) space per 200 s.f of net floor area
Four (4) spaces per establisliment
One (I) space per 200 s. f. of net noor area
One (I) space per.. persons of licensed capacity
'nlrec (3) spaces per staff' doctor
One (I) space per 2 employees on the largest shift
Amended by Ordinance No
Amended by Ordinance No.
Tv,'o (2 J spaces per cstabJish:11cnt
Two (2) space per structure
Two (2) space per structure
Nonc reqUired
Three (3) spaces per structure
One (I) space per establishmcnt
One (I) pcr structure
None required
None required
None required
None required
Two (2) spaces per establishment
One (I) per structure
None required
None required
None required
None required
None required
One (I) per establishment
One (1) space per establrshlllent
None required
Two (2) spaces per establishment
8947, effective ]-5-2005
8976, effective 6-8-2005
~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:
Page 36-95
Grand Island City Code, 2002 EdJtion
Parking Configuration
'l0-degree 60-degree
45-dcgrec
Aisle Width (A)
One-way tTame
Two-way tTaffic
End Parking Bay Width (B)
Without overhang
With overhang
Center Parking Bay Width
(C)
24 feet
18 feet
20 feet
14 feet
20 feet
18 feet
16 feet
] 8 feet
20 feet
] 8 feet
18 feet
] 9 feet
17 feet
16 feet
/ /
/ /
/ / /
/ /' / /
/ / / " )/ /
/ / / / /
/ / / / / /
/ / /< / / / /
/ /
/ / / "/ /
/ / / > /
/
/ / / /
/ / /
/
/
c
8
c
A
END
PARK ING BAY
AISLE
WIDTH
CENTER CENTER AISLE
PARKING BAY PARKING BAY 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 detemrined by the Planning Commission and City Council upon recommendation of the City Engineer
g36-99. 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
(B) 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 withm detached buildings/garage) is permitted
(H) No offensive noise, vibration, sil1oke, odor, heat or glare shall be noticeable at or beyond the propeny
line
(1) 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
Chapter 36 c Zonmg
All busll1esses related to Child Care Homes and Child Care Centers shall be in accordance \\ith :\'eb
R.R.S. ]94.3. Sec. ~7l-l902
Amended bv Ord. \.;0 S947,.effeetl\e 1-5-2005
936-100. Fences and Hedges; Corner Visibility
IA) 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 pem1itted if all foliage IS removed to a helgllt of fiw
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, contll1uous five feet or more, shall be limited in the
following manner:
(l) 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 vin\',
(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,
(e) 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. I-Ieight 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.
Amended by Ord. No. 8947, effective 1-5-2005
936-101. Performance Stand ards for lnd ustrial Uses
The following standards shall be met unless there arc greater standards required by the United States
Environmental Protection Agency or the Nebraska Department of Environmental Quality.
(A) Ehvsical Appearance: /\ll 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
ll10rganic nature may be stored in containers not in a building \vhen such containers are not readily visible
from a street. The provisions of this section shall not be constmed 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,
grindmg 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) :\'oise: No operation shall be caITied 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 1I1strument may be used and measurement may include breakclo\\11S 1I1to a reasonable
number of frequency ranges.
Page 36-97
Grand Island City Code. ::'002 [dnlCln
(D) Sewaf!.~-,ms.LLicUilQjVasJi-'S:\o operation shall be carned on wh1ch m\ohes the d1scharge II1to
a sewer. water course. or rhe ground, liqu1d waste of any radioactive or poisonous nature or chemIcal waste
wh1ch are detnmental to normal sewage plant operation or corrosive and damagll1g to sewer pipes and
Il1stallat]ons.
(E) AIr Contaminants:
(1) Air Contaminants and smoke shalI be less dark than designated :\umber 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 Il1 each one-
half hour. Light colored contaminants of such a capacity as to obscure an observer's V!ew to a
degree equal to or greater than the aforesaid shalI not be permitted.
(2) Part1culate matter of dust as measured at the point of emission by any generalIy accepted
method shall not be emitted m excess of two tenths (0.2) grains per cubic foot as corrected to
a temperature of 500 degrees Fahrenheit, except for a penod 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 possibllities of air contamination cannot reasonably be
comprehens1vely 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 ex(~eed five (5) parts per million. All measurements
shall be taken at the zoning lot line.
(6) Vibration: All machines including punch presses and stamping machll1es 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.
936-] 02. Landscaping Requirements
(A) Purpose: The landscaping and screening regulations arc intended to Improve the physical appearance
of the community: to 1mprove 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
lll1provement of air quality; to buffer potentially incompatlble uses from 011e another; and, to protect and
enhance the value of property and neighborhoods withll1 the city.
(B) Applicability
Page 36-98
Chapter 36 c Zoning
(II The pro\'lsions of tl1l5 section shall apply to the following zones .\lcdium Density Residential
Zone, High DenSity Residential Zone, Residentlal Otlice Zone, Light Business Zone, General Business
Zone, Arterial Commercial Overlay Zone, Heavy Busmess Zone, Industrial Estates Zone. Light
:vlanufacturing Zone, Heavy .\1anufactunng Zone. Conunercial Development Zone, Residential
Development Zone and Travel Development Zone Landscapmg of lands WIthin dIstricts such as the
Central Business District and Fourth Street Busmess Dlstnct. as defined in tl115 code, shall be subJect to
Streetscape Improvement Projects where applicable, In the absence of such lJroJects. the provisions of
this section shall apply,
(2) The provisions of this section shall apply to all new development, includll1g surface parking, on
each lot or site upon applicatIon for a buildmg permit, except as follows:
(a) Reconstruction or replacement of a lawfully existing use or structure.
(b) Remodeling, rehabilitation or improvements to existing uses or stTuctures 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 proVlsions 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 dwelhng 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 restTictive provision.
(e) Nonconforming Status: Any property or use of property, which as of August I, 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.
CanoTJ\' 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.
Even;reen 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, includllJg but not limited to grass, trees, shrubs, tlowers, 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 natura] 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.
.Mlllll11um eqUivalent street landscalJlIJ'2,: The mil1lmum landscaped area whIch must be provided in a
street yard, expressed as a percent of the total area contained within that street yard.
Shrub A deciduous or evergreen plant having a minimum height of 18 inches at the time of planting,
with a maximum mature height ofless than 10 feet.
:"treet \'ol'li
(1) The area of a lot or parcel which lies between any street property 1ll1e and the fi-ontll1g walls
of any building or buildlIlgs on the parcel. The street yard shall follow all IrregularitIes or
Page 36-99
Grand Island ('av Code. 2002 EdItIon
indentatIons Il1 the fi-ont wall of the buildmg, excluding mll10r projections or indentations such as
steps or unenclosed porches. For the purposes of dcfinll1g the street yard area. the front wall shall
be extended ham the outermost comers of the building, parallel with the frontll1g street, until
intersecting wIth the SIde property lll1c [see /I.ttachment 13 hereto], Street yard depth shall not
exceed ] 00 feet for the purposes of calculatmg the mll1lmUm equinlent street landscapll1g area
reqUIrement.
(2) On lots or parcels with multIple buildings. the street yard area shall be defined by all building
front \valls having direct, visual frontage onto the street. Any space between buildings equal to 15
percent of the length of sllch frontage, but 1I1 no case more than] 00 feet. shall be considered an
extension of the continuous buildll1g front wall for the purpose of delll1eating the street yard,
Underston/ornall1enw! Iree' A flo\vering or non-flowering deCIduous tree having a maximum mature
heIght of 30 feet and a mlllimum caliper of 2 II1ch at the time of planting,
(El Street Yard Landscaping Standards:
(1) Street yard landscaping shall be provided adjacent to each street property Ill1e and within stTed
yards, as set forth below, in accordance with an approved site landscaping plan,
(2) Minimum equivalent street landscaping area:
I-
I
I
I
I
I
I
I
!-
R3
(Minimum Equivalent StJeet Landscaping Area
I Percent of Stre~t Yard Minimum Landscaping Depth
I ('io) of Street Yard*** (ft.)
65 20
60 ]0
30 ]0
25 ] 0
70* 0*
Zoning District
~ ~ ]
I AC 20 20*
I B3 r 20 ]0*
~ ME I 20 20
M] , 20 20
i
7 7
R4
RO
13]
]37
!
I
I
I
I
[
I
i
I
I
I
I
I
*Unless otherwise establisbed in an approved StTeetscape Improvement Project.
** As determined by approved plan
*** 30 feet for lots in RG. 13 1,132, AC, 133, CD, TD, ME, 1\11. !v12 and 1'1'13 zone adjacent to state or federal
higbway.
M~
M3
TO
CD
RD
~O
20
30
]0
]0
30
30
] 0 or 30
I
I
I
1
**
**
(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 combmed for tbe purposes of determining
compliance with this section.
(4) Any required street yard landscaping shan include the following minimum shrub and tTee
plantings (or an appropnate equivalent as determined by the CIty) for every] 00 feet (any fraction
of ,5 or less rounded to the next lowest number: any fraction exceedll1g .5 rounded to the next
hIghest number) of propeny line adjacent to a public street rightcof-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,
Page 36-100
Chapter 36 c Z0I1111g
(F) Buffer "{ard and Parking Landscapll1g Screenmg Standards:
(1) Buffer yard landscaping shall be 111stalled and mamtall1ed adjacent to the affected common SJCle
or rear property liners), when a use is established in a more 111tensive zonmg dtstrict located
adjacent to a less intensive zomng district as set forth below
".lore Intensive Zoning District :
i
i
I
I
i
*\\7hen an alley, street or railroad R.O. \Y.
yard width shall be halved.
RO. B L 132. AC. m. CD, TD
\;fE, M 1, ,'1'12, .\13
Required Buffer Yard \Vldth
(ft. )*
10
20
Less Intensi \T Zoning DIstrict
TA. LLR. RL R2. R3. R4. RD
II TA, LLR, Rl, R2. R3, R4, RO. i
. RD, CD,TD, 81, B2, B2. AC. B31
separates adjacent distrIcts requiring a buffer yard, the buffer
I
~
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 landscapmg shall include hedges or screens of evergreen or approved deciduous plant
material, capable of providing a substantial opaque barner, and attaining a minimum height of 6
feet \vithin three years of plantmg. 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 screemng 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 stTeet 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 tTees, 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 contmue 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.
(G) 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.
(HI Installation and Maintenance RequIrements:
(]) ReqUIred landscaping areas shall be installed and maintained in a neat, clean, orderly and
healthful conditIon. Maintenance shall include proper prunll1g of trees and shrubs, mowing of
lawn and grass areas, weedll1g, remO\'al of litter, fertIlizing, replacement of plants conSIstent WIth
tIllS section when necessary. and the regular watering of all plantings.
(2) The Il1stallation of landscapll1g shall be completed prior to the issuance of any occupancy
permJt for buIldings on the property. or commencement of the intended lIse of the property
Page 36-101
Grand Island ell)' Code. 1002 Edition
(3) Ie at the time of commencement of the intended use of the property or applIcatIOn flJr a
certIficate of occupancy. any requned landscapll1g has not been ll1stalled or completed due to
seasonal or climatic conditIOns or plant material being unavailable. the developer or owner of the
property shall submJt the follo\\lIlg to the Building Department:
(a) ;\ request for extensIon of the proposed completIon date for InstallatIon of the required
landscaping, sWUng the reason for the request, the property owner's current maillIlg address,
nnd n commitment to complete the installation of the landscaping by a date certain, not to
exceed SIX months from the building completion dnte.
(b) :'\ drawing showing the pl3n and layout of the landscapll1g arens.
(e) A cost estimate for the lIlstallation of the landscapll1g 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 rhe owner or
developer's commitment to complete ll1stallation of the required landscaping and payable to
the City of Grand Island in the event that the developer fails to carry our 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 installatJOIl of the landscaping in nccordance \vith the
commitments made pursuant to sub-paragrnph (al above, and, upon inspection and approval by the
Building Department, a certificnte 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 landscnping with the commitments made
pursuant to sub-paragraph (a) nbove, 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 ns 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 mnil, return receipt requested, and ordinary first class mnil sent to the last
known address of said owner or developer at least five (5) business days prior to making such entTY.
936-103. \Vind Energy Systems
In any zoning district, n 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 followll1g conditions:
(A) The distance from any tower support base to any tower support base of another wind encrgy
device llI1der 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.
(e) To lnnit 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 setbnck dlstances fi'om all lot lines to any tower support bnse shall be determined according
to the following setback table:
Page 36-]01
Chapter :<6 c Zonlllg
SETBACK TABLE
Rotor Di~meter
Setback Distance
.\11I1imum Lot Area I
5 feet 100 feet 1.0 Acre
10 feet 165 feet 2.5 Acres
l5 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
I\\'here there are severa! towers under singlc ownership the llllIlimul11 lot areas may be
adjusted down provided the mlllimum setback distances are met on all perimeter units. In
addition, the landll1g areas for all lllternal towers and rotors shall be within the property
owned by the operator.
(E) Data pel1aining to the machine's turbine safety and stability shal! be filed with the application.
Such data shall include turbine safety and acceptance results from tests conducted by a qualified
llldlvidual or organizatIOn based upon standards set by the U.S. Department of Energy (DOE), Electric
Power Research Institute (EPR!) Utility Wind Turbine Verification Program. (US. 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
ovvners providing access to wind sufficient for Its adequate operation, unless adequate accessibility to
the wind is provided on the site.
936-104. 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 v.ithin the principal
building or an accessory building for storage of all vehicle parts, new or used. All such pans must be stored
WIthin said space.
(D) All hazardous materials, regulated waste and used vehicle tlUlds shall be stored and disposed
of 111 accordance with state and federal la\vs and the rules and regulations of the U.S. Environmental
Protection Agency and the ?\ebraska Department of Environmental Quality. Tank storage of fluids and
wastes must be situated WIthin a suitable overtlow enclosure.
~36-1 05. Vehicle Sales and Ren tal Businesses: New Businesses and Businesses Reloca ting or
Expanding; ;\Iinimum Improvement Requirements
Begmnll1g December IS. 2002. all new, relocating or expanding businesses engaged 111
automotiveJtruclvrecreatlOnal vehicle sales and/or rentals shall have tlw followmg mmimum improvements
and equipmcnt:
Pagc 36-103
Grand Island CIty Code. 2002 Edition
(AI A]I areas on whIch vehIcles are displayed and otTered for sale and./or rental shall be provIded
\vith a permanent type. dust-free surface such as asphaltIc cement concrete. Portland cement concrete. or
pa\'lng brICk.
(13) Any business engaged in \'ehicIe sales and'or rentals shall have a prIncIpal building which
complies wIth the Grand Island CIty Code and all applicable buildmg, elcctncal, plumbmg and fire codes.
(e) Any busmess engaged m vehIcle sales ancUor rentals shall ha\e space withm the pnncipal
building or an accessory buildmg for storage of all ve hic Ie parts, new or used. All such pans must be stored
\vithin 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 tIle rules and regulations of the C.S. Em'lronmental
Protection Agency and the ]\;ebraska Department of EnvIronmental Quality. Tank storage of fluids and
\vastes must be situated withm a sUItable overflow enclosure.
(E) Any business engaged in vehicle sales and/or rentals shall comply with the Grand Island City
Code landscaping and screenmg regulations and minimum off-street parking and loading space
requirements pnor to commencing operations.
~36-1 06. Conditionall;ses; Salvage Yards
All salvage yards shall be subject to the following conditions as part of their permitted conditional
use:
(1\) In addition to the Information required pursuant to ~36-88, 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.
(e) 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.
([)) 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, vvith no loose garbage, litter, refuse or \vastc 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 al] areas adjacent to the salvage yard and clean up any materials
which originated from the salvage yard.
~36-107. Reserved
936-108. Reserved
936-109. Reserved
~36-11 O. Reserved
936-111. Reserved
936-112. Reserved
~36-113. Reserved
~36-114. Reserved
~36-115. Reserved
S36-116. Reserved
Page 36-104
Chapter 36 c ZOllll1g
..:\rticle VIII. Flood Plain Regulations
S36-J 17. Statutory Authorization. Findings of Fact and Purposes
(A) Statutory Authonzatlon. The Legislature of the State of Nebraska has delegated the
responslbllity to local governmental units to adopt zoning regulations designed to protect the publiC health.
sa fety and general welfare. The Legislature of the State of Nebraska has in SectIOns 31- J 00] to 31-1022.
RRS 1943 assigned the responsibility to local governmental units to adopt floodplall1 management
regulations designed to protect the public health, safety and general welfare.
(B) FlI1dinus of Fact
(I) flood Losses Resultll1S' 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 conUl1erce and govenm1ental services, extraordmary publIC
expenditures for flood protection and relief, and impairment of the tax base all of \vhich 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 floodplall1s 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 intenelated steps.
(a) Selection of a regulatory flood \vhich 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 (l %) chance of
occunence in anyone year, as delineated on the Federal Insurance Administration's
Flood Insurance Stlldy, and i]]ustrative 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 flood\vay 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
permit1ed 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 sti]] 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 ~36-117(B)( I) 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
floodmg or cause undue increases in flood heights or velocities.
(2) Req\llre that uses vulnerable to floods, lI1cluding public facllities, which serve such
uses. be provlded w1th flood protection at the time of initlal constmction.
(3) Protect mdivlduals from buymg lands, which are unsuited for mtended purposes
because of flood hazard.
Page 36-105
Grzmd Island City Code. 2002 EdaJOn
(-1) Assure that elIgibility is ma1l1talJ1ed for property owners 111 the commU1llt\' \0
purchase tlood lIlsurance in the ?\'a\lonal Flood Insurance Program
S36-1 ] 8. General Provisions
(A) Lands to which Article applies This ;'\rtic\e shall apply to all lands withlJ1 the jurisdiction of
the City of Grand Island Identlfied on the Flood Insurance Rate \1ap (FIRM) dated I\1arch 2, 1983, and any
reviSIOns thereto, as numbered and unnumbered A Zones (including AE, AO and AIl Zones) and wit11ln the
Zoning Districts FW and FF established 111 ~36-] 20 of this chapteL ]n all areas covered by this Article, no
development shall be penl1ltted except upon the issuance of a iloodplain permit to develop, granted by the
City Councilor its duly designated representatJ\e under such safeguards and restrictions as the City
Councilor the designated representative may reasonably impose for the promotion and mamtenance of the
general welfare, health of the inhabitants of the community and where .speelfically noted Jl1 ~36-121. 36-
122, and 36- 1 23 herein.
(B) The enforcement officer The Building Director and/or Planning Director of the commumty, or
their designee is hereby designated as the community's duly designated Enforcement Officer under this
Article.
(C) RulesJQLJllierpretatipn of clisJrict boundaries The boundaries of the tloodway 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 goveming 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 ilood hazard areas of this community, no development
shall be located, extended, conve11ed or stl1lcturally altered wrthout full compliance with the terms of this
Article and other applicable regulations.
(E) Abro2ation and Greater Restrictions. It is not intended by this Article to repeal, abrogate or
impair any existent easements, covenants, or deed restrictions. However. \vhere this Article imposes
greater restrictions, the provision of this Article shall prevail. All other sections inconsistent \vith this
Article are hereby repealed to the extent of the inconsistency only.
(F) Interpretation. In their interpretation and application, the provisions of this A11icle shall be held to
be mmimum 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) Waming and Disclaimer of Liabi]ity. The degree of tlood protection required by this Article is
considered reasonable for regulatory purposes and is based on engineering and scientific methods of study.
Larger tloods may occur on rare occasions or the ilood helght may be increased by man-made or natural
causes, such as ice Jams and bridge openings resrricted by debris. This Article does not imply that areas outside
f100dway and flood fringe distTict boundaries or land uses pennitted Vlithin such districts will be free from
t100ding or flood damage. This Article shall not create liability on the part of the city or any officer or employee
thereof for any !lood damages that may result from reliance on this ArtJcle or any adminisrrative decision
lawfully made thereunder.
(H) Severahilily. I I' any section. clause. provision or portion of this Article is adjudged
unconstitutional or invalid by a court of competent jurisdiction, the remamder of this A11icle shall not be
affected therebv.
Page 36-106
Chapter 36 c ZOl11ng
(1) AJ2~J. Where a request for a permit to develop or a variance IS denied by the Building Dl!ector
andior Plan1l1ng DIrector, the applIcant may apply for such pemlit or variance clIrectly to the Board of
AdJ ustment.
936-119. Development Permit
(A) Permit Required. :\0 person, riml or corporation shall initiate any floodplain development or
substantial improvement or cause the same to be done without first obtaining a separate pennit for
cleve I opment.
(B) Administration
(1) The Building Director and/or Planning DIrector or their designee, is hereby appointed
to admmister 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 pemlit applications to assure that the perm.it
reqUlrements 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 stTUctures 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 floodproofing is utilized for a particular shllcture the Building Director
and/or Plalilling Director shall be presented ceI1ification from a registered professional
engineer as to the iloodproof design,
(e) Application for Permir. To obtain a floodplain development pelmit the applicant shall first file an
application in writing on a f01111 fumished for that purpose, Every such application shalL
(l) Identify and descnbe the development to be covered by the floodplain deve lopment
penn.it
(2) Describe the land on which the proposed development is to be done by lot, block, tract
and house and street address, or sim.ilar description that will readily identify and definitely locate the
proposed building or development.
(3) Indicate the use or occupancy for vvhich the proposed development is intended,
(4) Be accompanied by plans and specifications for proposed constmction.
(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 PlaJUling Director.
936-120. Establishment of Zoning Districts
Along watercourses where a noodway has been established, the mapped 1100dplain areas are
hereby diVIded into the two following overlay districts: A flood way overlay district (FW) and a flood
hinge overlay district (FF) as identified in the Flood Insurance Study [and accompanying mapls)]. Within
these districts all new uses not meetmg the standards of this Article and those standards of the underlying
zoning district shall be prohibited,
936-121. Standards for Floodplain Development
(A) No penllit for development shall be granted for new constTUction, substantial improvements and
other development(s) mcluding the placement of manufactured homes within all numbered and unnumbered A
zones (mcluding AE, AO, and All zones) unless the conditions of this Section are satisfied,
Page 36-107
Grand Island City Code. 2002 E(htIon
(I3) All areas Jdennfied as unnumbered A zones on the FIR\1 are subject to mundatlon of the base
flood: however. the water surface elevation was not pwnded. The unnumbered A zones shall be subject to all
dClelopment provisions of this chapter. If Flood Insurance Study data is not avaIlable, the community' shall
utilize any base flood e!e\'atlOn or t100dplam data cunently available from Federal. State or other sources.
te) UntIl a floodway has been deslgnated, no development or substantial ul1provement may be
permitted \\ithll1 special flood hazard areas unless the applicant has demonstrated that the proposed
development or substantial improvement, \vhen combined with all other existll1g and reasonably anticipated
developments or substantIal imprm'ements. will not increase the water surface elevatIon of the base flood more
than one (l) foot at any locatJon as shown on the Flood Insurance Study.
(D) ~cw constl1lction, subdivision proposals, substantial Improvements. prefabncated buildings,
placement of manufactured homes and other developments shall reqUIre:
(l) Design or anchorage to prevent flotation, collapse or lateral movement of the structure
resulting from hydrodYllamic and hydrostatic loads, Lncluding the effects of buoyancy.
(2) New or replacement water sLlpply systems and/or sanit3IY sewage systems be deSIgned to
mll1lmize 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 impainnent 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
(I) The storage or processing of materials that are 111 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 allowec! if not subject to major damage by
!loods and finnly anchored to prevent t1otation 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 nood hazards, and (d) proposals for development (including proposals for manufactured
home parks and subdivislOn) of five acres or fifty lots, \vhiche\'er is lesser, include within such proposals the
base flood elevation.
936-122. Flood Fringe Overlay District - Including A.O and AH Zones
(A) Permitted Uses. Any use permitted in S36-123 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.
(]) Require new constTuctioll or substantIal improvements of residential structures to
have the lowest flOOL including basement elevated to or above one foot above the base flood
elevation. Unlllhabited garage floors shall be at or above the base flood elevation.
(2) Reqlllre new construction or substantial Improvements of noncresidential stJllctures to
have the lowest 11001', including basement. elevated to or above one foot above the base flood
elevation. or together \vith attendant utility and sanitary facilitIes, to be floodproofed so that below
that level the structure is watertight \vith \Va1ls substantially impermeable to the passage of water
and with stnJelural components having the capability of resistl!1g hydrostatic and hydrodynamic
Page 36-108
Chapter 36 c Zoning
loads and eflects of buoyancy. ;\ regIstered professional engmeer shall certify that the deslgn
standards of tl115 section are satlsfIed. Such certIfication shall be provided to the Building Director
dndior Planning Director as set forth in ~36-l 19
(3) Require for all new construction and substantial improvements that fully enclosd
Jreas below the IO\ves1 floor that are uSJble solely for parking of vehicles, building access or
storage in an areJ other than a basement and whIch are subject to flooding shall be designed to
automatically equalize hydrostatIc flood forces on extenor walls by allo\ving for the entry and exit
of f1oodwaters. Designs for meeting this requirement must eIther be certIfied by a registered
professional engineer or meet or exceed the following mll1ImUm criteria: A mlIllmum of two
openings having a total net area of not less than one square mch for every square foot of enclosed
area subject to flooding shall be provided. The bottom of all openmgs 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 stmctures.
(5) Manufacturing
(a) All manufactured homcs 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 j'j-ame ties to ground anchors
arc used, the following specific requirements ( or their equivalent) shall be met:
(i) Over-the-top ties be provided at each of the four corners 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 corner of the home with five additional ties per
side at intermediate points and manufactured homes less than 50 feet long requinng
four additional ties per sick
(ill) 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
(ili) 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 lo\,vest 1100r 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 111 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 1I1ches 111
helght abo\'e grade; and be securely anchored to an adequately anchored foundation
system in accordance with prOVIsions of this sectIon.
Page 36- 1 09
CJrand Island CJty Code. ':;00':; Edition
(6) Recreallon \'ehlclcs placed on Siles within the specJal flood hazard areas on the
community's offic13lmap shall e!ther (1) be on the SJte for fewer than 180 consecuti\e days, (ii) be
ful1v licensed and ready for hlgl]\'iay use. or (in) meet the penllit requirements and the elevatIOn
and anchormg reqUirements for "manufactured homes" of this chapter. A recreational vehicle IS
ready for highway use if it is on its \vheels or pckmg system, is attached to the SIte only by quid:-
disconnect type utilities and security devices, and has no peI111anently attached additlOns.
(7) Located within the areas of special flood hazard established in ~36-118 area areas
dcsignated as AO zones. These areas have special i100d hazards associated with base flood depths
of ] 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 /cJl,vcst floor (ll1cluding 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
FIR:'I.1 (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 watertigbt
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 ~36-119.
(c) Adequate drainage paths around structllles on slopes shall be required in order to
guide floodwaters around and away from proposed structures.
936-123. Floodway Overlay District
(A) Permitted Uses. Only uses having a low flood-damage potential and not obstructing f100d nows
shall be permitted within the Floodway District to the extent that tbey are not prohibited by any other section.
The following are recommended uses for the Floodway District:
(1) Agricul[lllal 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 us.es 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 otber development must be prohibited unless certification by a
registered professional engineer or architect is provided demonstrating that the development sball not result in
any increase in water surface elevations along the t100dway profi.le during oecunence of the base flood
discharge. These uses are subject to the standards of ~36- 1 21 and S36-122.
936-124. Variance Procedures
(A) The Board of Adjustment as established by tbe City of Grand Island shall hear and decide
appeals and requests for variances from the requirements of this Article.
(81 The Board of Adjustment shall hear and decide when it is alleged that there is an error 111 any
requirement. deCIsion, or determination made by the Building Director and/or Planning Director 111 the
enforcement or administration of tl1lS /\rlIcle.
Page 36-110
Chapter :. 6 c Zoning
(C) .\ny person aggne\ed by the declslon of the Board of Adjustment or any taxpayer may appeal
sLIch deCIsion to the DistTict Court as proVlded 111 state law.
(D) In passing upon such applications, the Board of Adjustment shall consider all techmcal
e\aluatlon. all relevant factors. standards specIfied III 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 Me and property due to flooding or erosion damage:
c:.) The susceptiblhty of the proposed facility and its contents to flood damage and the effect of
such damage on the ll1dividual OWllC:T
(4) The Importance of the services provided by the proposed facihty to the community:
(5) The necessity to the facility of a waterfront location. where apphcable;
(6) The availability of alternative locations, not subJCct 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 III times of flood for ordinary and emergency vehicles:
(10) The expected heights, velocity, duration, rate of rise and sedlIllent transport of the
floodwaters and the effects of wave action, if applicable, expected at the site; and
(J I) The costs of providing governmental serVIces during and after flood conditions including
maintenance and repair of pubhc utihties 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 w.ith
existing stmctures constTucted 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
detemlination 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 tloodway if any increase in flood levels
along the flood way profile during the base tlood 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, extTaordinary 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 vanance to construct a structure below the base flood level will result in
increased premlUl11 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 requlIcd
by tillS Article.
Page 36-111
Grand Island ell\' Code. 2002 Edition
:;:36-] 25. :"oneonforming Cst's
i Ai A structure or the use of a stTuclure or premises as of August I. 2004 or amendment of the chapter,
but which is nol ll1 conformity with the provisIOns of this Amcle may be cOJ1(lI1ued subject to the followll1g
conditions
(I) If such use is discontinued for 12 consecutIve months, any future use of the buildll1g pren1l5es
shall conform to this Article.
(2) Uses or adjuncts thereof that are or become nUIsances shall not be entitled to continue as
nonconfolTnlI1g uses.
(131 If any noncontolTl1ing use or strucrure is destroyed by any means, lI1clllding t1ood, it shall not be
reconsmlCted if the cost is more than 50 percent of the market \'alue of the structure before the damage
OCCUlTed except that if it is reconstl1lcted in conformity with the proviSIons of this AJ1icle. 111is linlltation docs
not include the cost of any alteration to comply with existll1g slate or local health. sanitary. building. or safety
codes or regulations or the cost of any alteration of a struchne 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.
936-126. Penalties for Violation
Violation of the provisions of this Article or failure to comply wjth 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 A11icle or fails to comply with any of its
requirements shall upon conviction thereof be fined not more than S] 00.00, 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 ham taking such other
lawful action is as necessary to prevent or remedy any \loJation.
~36-127. Amendments
The regulations, restrictions, and boundaries set forth 1I1 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 par1ies in interest and citizens shall have an opportunity to be heard. Notice of the
time and place of such bearing 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 1 983 Nebraska Flood Plam Management Act
936-128. Definitions
Unless specifically defined 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 Ar1icle 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 Al1icle or a request for a variance.
Area of Shallow Floodinf! means a designated AO or AH zone on a C0l11l1111nity's Flood lnsurance
Rate Map (FlRTvl) \\lth a one percent or greater annual chance of flooding to an average depth of one to three
feet where a clearly defined channel is 11l1predictable and where velocity flow may be evident Such flooding IS
characterized by ponding or sheet t1ow.
Base Flood means the t100d having one percent chance of bemg equalled or exceeded in any given
year.
12asemem means any area of the building having its t100r subgrade (belO\\ ground level) on all sides
Page36-l12
Chapter 36 c Zomng
De\'elopment means any man-made change to improved or unimproved rea] estate, including but not
limIted to buildings or other structures, mining, dredglllg, filling, grading. paving, excavatIOn or drilling
operations or storage of equipment or materials.
EXlstim': Construction means (for the pUIlJoses of detennining rates) structures for wllich the "stan of
construction" commenced before the etTecti\"C date of the FIRM or before January 1. 1975. for FIRM's effectivc
bcfore that date. "Existll1g construction" may also be refcned to as "existing stTllctures."
Existim,: ;.,1allufacturedJIome 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 lI1stallation of utilities, the construction of streets, and either final site gradll1g or
the pouring of concrete pads) is complete before August 26, 1974.
Flood or Flooding means a general and temporary condition of p3l1ial or complete inundation of
normally dry land areas fi'om:
(A) The overt1ow 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 t1oodplam, outside of the Doodway, that on the average is likely to be
flooded once every 100 years (i.e., that has a one percent chance of !lood occurrence in anyone year).
Flood Insurance Rate rvJap (FIR.M) means an official map of a C0l111nLmity, 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 rep0l1 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 t1ood.
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 t100d level for purposes of
floodplain management. "Freeboard" tends to compensate for the many unknO\\11 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 vvatershed.
Highest Adiacent Grade means the highest natural elevation of the ground surface prior to
constmctionnext 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 preliminarilydetem1ined 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 011 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 ceI1ified
either: (1) By an approved state program as deteI111ined by the Secretary of the InterIor or (2) Diiectly by the
Secretary of the Interior 111 states without approved programs.
Lowest floor means the lowest Door of the lowest enclosed area (including basement). /\11 unfinished
or tlood-resistant enclosure, usable solely for parkmg of vehicles, bUlldmg access or storage, in an area other
than a basement area. is not considered a building's lowest 11oor. proVIded that sllch enclosure is not built so as
to render the structure 1I1 violation of the applIcable non-elevation design reqUlrements of this chapter.
Page36-113
(irand Island em Code, 2002 EditJol1
!\1anufactured Home means a structme, tTansponable m one or more sections, which is built on a
permanent chassIs and is deSIgned for use 'with or \\ithout a permanent foundation \\hen attached to the
requIred utilities. The term "manufactured home" docs not Include a "recreational vehicle",
!'v1an~lfac!.1!red Home Park or SubdIVIsion means a parcel (or contiguous parcels) of land div](Jedu](o
two or more manufactured home lots for rent or sale.
New Construction. For floodplain management purposes, "new constl1lction" means structl1res for
whICh the "start of construction commenced on or after August 26, ] 974.
Overlav District is a distnct in which additional requirements act m conJlll1ction \vith the underlymg
zoning district. The underlying zoning district designation does not change,
PnnciJ2.i!llv /\bO\e Ground means that at least 51 percent of the actual cash value of the structure is
above ground.
Recreat.!.9Jlal '/eh.!<;:k means a vehicle \vhich is (i) buili on a smgle chassis; (ii) 400 square feet or less
when measured at the largest horizontal projections: (iii) designed to be self-propelled or pemlanently towable
by a light duty tTuck: and (iv) designed primarily not for use as a permanent dwelling but as temporary livmg
quarters for recreational, camping, travel, or seasonal use,
.5pecial Flood Haz~rd ALc::g is the land in the floodplain within a com111Lmjty subject to one percent or
greater chance of flooding in any given year.
Stal1 of Construction [for other than new construction or substantial improvements under the coastal
BalTier Resources Act (Pub. L 97-348)] mcludes substantial improvement, and means the date the building
pe1ll1it was issued, pro\'jded the actual stm1 of construction, repair, reconstruction, rehabilitation, addition,
placement, or other lmprovement was within 180 days of the permit date, The actual start means the first
placement of permanent construction of a Slll1cture 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, Pennanent constmction does not include land preparation; such as
clearing, grading and filling; nor docs 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 fonns; nor does it
include the installation on the property of accessory buildings, such as garages or sheds not occupied as
dwelling lmits or not part of the main stmcture, For a substantial improvement, the actual start of construction
means the first alteration of any wall, ceiling, floor, or other stnlctural part of a building, whether or not the
alteration affects the external dimensions of the building.
Stmcture 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 stmcture whereby the cost of
restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of
the stnlCture before the damage OCCUlTed,
Substantial Improvement means any reconstruction, rehabilitation, addition, or other improvement of
a stmcture, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of
consllllction" of the improvement. This II1cludes structures which have inculTed "substantial damage,"
regardless of the actual repair work performed. The tenl1 docs 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 hving conditions, or (2) any alteration of a "historic stmcture," provided that the
alteration will not preclude the SllTlcture's continued designation as a "historic stnlcture."
.'{ariaIlc:es is a grant of relief to a person from the requnements of tl115 Article which permits
construction in a manner otherwise prohibited by tl115 :\rticle where specific enforcement would result in
unnecessary hardship,
836-129. Heserved
836-130. Hesened
Page36-I14
Chapter 36 c ZOl1lng
936-]31. ReserH'd
936-] 32. ReserH'd
936-]33. Reserved
Article IX. Board of Adjustment
936-134. Establishment
The mayor with the consent of the city council shall appoint a board of adjustment which shall
consist of fi\'e 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 appomted for
a term of three years and removable for cause by the appointing authority upon written charges and after a
public hearing.
936-135. Membership
Any citizen within the zoning jurisdictional area of the City shall be ehgible 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 thc board of adjustment
936-136. Rules
The board of adjustment shall adopt rules necessary for the conduct of its affairs and in keeping
with the provisions of this chapter.
936-137. Meetings
Meetings of the board shall be held at the call of the chairman and at such other times as tlle board
may determine. Such chairman, or in his or her absence the acting chairman, may administer oaths and
compel the attendance of wit11esses. All meetings of the board shall be open to the public.
936-138. Minutes
The board shall keep minutes of its proceedings, sho\ving 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.
936-]39. 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 otTicer, provided, sllch appeal shall be
taken within ten days after the decision o(the administrative officer, by filing with the office from whom
the appeal is taken, and \vith the clerk of the board, \vritten notice of appeal specifying the grounds thereof.
The officer fiom whom the appeal is taken shall forthwith tTansmit to the board all papers constituting the
record upon wluch the actIon appealed from IVas taken.
936-140. Notice
The board shall fix a reasonable time for hearing of the appeal, gl\'e public no([ce thereof in a
newspaper of general Clrcu]allon 1I1 the City one time at least ten days prior to such hearing, as well as due
notJce to the panics 111 mleres!' and decide the same within a reasonable time. The hearing shall be pubhc
and any pany may appear 1I1 person. by agem, or by attorne)'.
Page 36-1 15
Grand Island City Code. 2002 Edition
S36-141. Fees
Prior to the lill11g of the appeal with the clerk of the board and the achml11strative ofllcer fl'om
whose deCIsIOn the appeal IS requested. the appellant shall pay to the city treasurer a processlllg fee. as
provided by a fee schedule approved by the city councll. whIch shall not be refundable.
936-142. 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.
IE) To hear and decide. in accordance with the provisions of any zoning regulation.
requests for interpretation of any map, or for decislClns upon other special questions upon which
the board is authorized by any such regulation to pass.
(C) \Vhere 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 ll1
pecuhar and exceptional practical difficulties to. or exceptional and undue hardships upon the
0\\11er 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
\vithout 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 Jt finds that:
(I) 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 wil] 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 sihlation 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 ZOl1lng
regulations.
936-143. Action and Vote Required
In exercisll1g the above-mentioned powers, the boarcl may reverse or affirm, wholly or partly, or
may modify the order, requirement, decision, or determination appealed ham, 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 llom 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 ofllcial,
or to deCIde in favor of the applicant on any matter upon which it is required to p3SS under any such
regul3tJon or to effect any v3riatlOn 1IJ such regulatJCln.
P3ge 36-116
Chapter:; 6 c Zonl!lg
936-144. Appeals to District Court
Any person or persons, Jointly or severally. aggrieved by any deClsiOn of the Board of AdJustment
may appeal as provided by SectiOn 19-912. Reissue RC\ised Statutes of 1943 (in full).
936-145. Reserved
936-146. Resernd
936-147. Reserved
936-148. Reserved
936-149. Reserved
Article X. Amendments, Enforcement, Permits, and Penalties
936-150. Amend ments; 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 111 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.
936-151. 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 plal1ning 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 III 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 heanng Any person so doing shall be deemed guilty of a
misdemeanor. J f the record title o\vners of any lots mcluded 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 III the event of a proposed change m such regulations.
restrictions, or boundaries throughout the entire area of an existing zoning district or of such municipality.
or 1I1 the event additional or different types of ZOl1lng districts are proposed, whether or not such additional
Page 36-] 17
Grand Isl~l!1d eny Code. 2002 EdlllOn
or different districts are made applicable to areas. or parts of areas, already wlthll1 a 70nll1g chstllct of the
mllllIcipal1ty; but the only requirement then shall be the publicatIon of the notice m the newspaper as
provided in thiS sectIon. The city council shall approve or disapprove the proposed amendment. i\ majority
lote of all thc members of the city council shall be reqUlred to adopt any zoning amendmcnt :"Jotlce of the
final actIOn shall be sent to the applicant and one copy shall be sent to the planllIllg commission.
S36-152. Amendment; Protest: Limitation
In case of a protest agalI1st such zoning dIstrict change, slgned by owners of twenty percent or
more, either of the arca 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 fi'om the street frontage of sllch opposite lots, such amendment shall
not become effective cxcept by the favorable vote of three-fourths of all the members of the city council.
Whenever a change of land use has been fmally disapproved by the city council. neither the planning
commission nor tIle city council shall consider the same or similar application for change of land use
affecting the same propeny for a period of SIX months from the date of sllch disapproval by the city council.
936-153. Hall COllnty 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
prenlises necessary to carry out his or her duties in the enforcement of this chapter.
936-154. Reserved
Deleted by Ord. No. 8947, effective 1-5-2005
936-155. 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 ofticial.
Amended by Ord. No. 8947, effective] -5-2005
936-156. Reserved
Deleted by Ord. No. 8947, effectIve 1-5-2005
936-157. 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 llsed and a certificate of occupancy shall be issued after the
application has been made, provided, such use is in confornlity Ivith the provisions of this Code.
Amended by Ord. No. 8947, effective j-5-2005
936-158. Reserved
Deleted by Ord. No 8947, effective 1-5-2005
936-159. Certificate of Occupancy: Record
A record of all certificates of occupancy shall be kept on file m the office of the chief building
official and copies shall be furnished on request to any person having a proprietary or tenancv interest in
the bUll ding or land afTeeted.
Page 36-118
Chapter 36 c ZOl1lng
~36- 160. Reserved
Deleted by Ord '\0 89.:\7, effective 1-:\-2005
S36- 161. Penalties
Pursuant to Section 19-9 I 3, Reissue Revised Statutes of 1943 (in full), the owner or agent of 3
building or premises in or upon which a violation of any prO\'islOns of this chapter has been committed or
shall cost or lessee or tenant of an entire building or enure prel11lSeS in or upon which VIOlation has been
commItted or shall exist, or the agent, architect, building contTactor or any other person who commits, takes
part or assists in any violation or who maintains any building or premises in or upon Vlhich such violation
shall exist, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed one hundred
dollars (S I 00) for anyone (I) 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
S36- 162. Hemedies
In case any building or structlne is erected, constructed, reconstructed, altered, repaired, converted
or maintained, or any building, structure, or Jand is used in violation of Sections 19-90] to ] 9-914, 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.
S36-163. Reserved
S36- 164. Reserved
S36- 165. Heserved
S36-166. Reserved
S36-167. Reserved
Article XI. \Vireless Communication Toyvers
S36- 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
teleconmmnications services. This Article is intended to regulate towers, telecommuJ1lcations facilities and
antennas in the City in conformance with the Act without prohibiting or tending to prohibit any person
11'0111 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 toViCTS
and antennas through careful design, siting, and camout1aging, 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, constTucted, 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.
Page36-119
Grandls]and City Code. 2002 [clJUon
S36-169. Defi nitions
As used IJ1 this ArtICle, the follolll11g terms shall have the followlI1g mea!1lngs
:l1IfC'I1!1il means a devIce, designed and Il1tended for transmittll1g or l'Ccelving te]evls1On, radio, or
mlcro\\ave sIgnals, direct satellite service (lI1c]uding dlrect-to-home satellite service), al1(Uor vJdeo
programming services vIa multIpoint distribution services.
"lntel1l1a SIIPPQTt 5tmctllrc means any building or structure other than a tower whIch can be used for
location of telecommunications facilities.
Jpplical1t means any person that applies for a Tower Development Permit
JjJ!J!icaliol1 means a process by which the owner of a tTact 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 tem1 application Il1cludes all written documentation, verbal statements, and representations, in
whatever form or forum, made by an applicant to the City concernll1g such request.
Conlgnl1ll1t: Commercia! Earth Statioll means a satellite dish which is two meters or less in diameter
and IS located Il1 an area where commerCIal or industrial uses are generally permitted under this code.
1i71r:illC'C[ means any engineer qualified and licensed by any state or territory of the United States of
America.
QWI7C[ 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.
Persoll Any natural person, firm partnership, association, corporation, company, or other legal
entity, private or public, whether for profit or not for profit.
Sale/1/te Dish Antcnna means an antenna consisting of a radiation element intended for transmit1ing
or receiving television, radio, microwave, or radiation signals and supported by a structure with or
without a reflective component to the radiating dish, usually circular in shape.
Stealth means any telecommunications facility, tower, or antenna which is designed to enhance
compatJbility 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 Facililies 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. HO\vever,
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, B 1,82, B3, MI, 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.
Towel' 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 stI1lcture supporting an earth station antenna serving
residential premises or dwelling units exclusively.
Tower Deve/O{)II1CnIEennll 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; ",,'hich 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.
To\j'i;'r O~\]Le.!. means any person with an ownershIp interest of any nature in a proposed or existing
tower follow1l1g the issuJnce of a TO\\'er Development Permit.
Page 36-120
Chapter 36 c Zoning
All terms 111 this Article whlCh are not specJiIcally defIncd herein shall be construed in accordance
with the Commulllcations Act of 1934, the Te]econm1UI1Ications Act of 1996 and the Rules and Regu]ations
of the Federal Communications Commission (FCC).
936-170. Location Of Towers and Construction Standards
IA) Towers shall be pernlltted conditional uses of land 1I1 only those zoning distTicts where specifically
listed and authorized in this code.
(B) No person shall develop, construct mod] fy or operate a tower upon any tract of land within the zoning
jurisdiction of the City prior to approval of its application for a Tower Deve]opment Permit by the !\1ayor
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. teleconlll1Unications facilities and antennas on which construction is commenced within
the zoning Jurisdiction of the City afier February I, 1998, shall conform to the Buildmg Code and all other
construction standards set forth in the City Code, federal and state law, and applicable American i\ational
Standards Institute (ANSI) standards. 1Jpon completion of construction of a tower and prior to the
commencement of use, an engineer's certification that the tower is structurally sound and in conformance
With all of the aforementioned applicable regulatory standards shall be filed with the Building Department
936-171. 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
all persons having an ownership interest in the proposed tower. Thc application shall be executed by
all applicants.
(B) The legal description and address of the tract of]and 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 stmctures within a one (1) mile radius of the location of the proposed tower, including publicly
and privately o\vned 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
use able antenna support structure within a one (1) mile radius of the proposcd tower Jocation or written
tcchnica] evidence from an engineer that the appJicant's teleconununications facilities cannot be
installed or collocated on another tower or useable antenna support structure within a one (I) mile
radius of the proposed tower location.
(E) \Vritten 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 slll1ulations 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, strect or higl1\vay.
(G) Descriptions and diagrams of the proposed tower. telecommunications facilitIes and/or antenna.
manufacturer's literature, appurtenances such as buildings, driveway, parkll1g 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 f:lcility.
(I-l) An application for a building permit pursuant to Chapter 8 of the City Code.
Page 36-121
Cirand Island City Code. 2002 Eclitlon
~36-172, Tower Development Per'mit: Procedure
After receipt of an application for a Tower De\elopment Permit, the City Clerk shall schedule a
publIc hearing bl'fore the City Council to consider such applicatIOn. .\'once of such applIcatIon shall be
placed II1 a newspaper of general cIrculation 1I1 the Clly at least one (1) time ten (] 0) days prior to such
healIng. In addition to the publication, the City Clerk shall cause a notice to be posted 111 a conspicuous
place on ihe property on \\h1ch action IS pending. Such notIce shall be not less than eIghteen (18) inches in
heIght and twenty four (24) lJ1ches 111 WIdth with a white or yellow background and black letters not less
than one and one-half (1 '2) lI1ches in height. Such posted notJce 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 remO\'C, mutilate, destroy, or change such
posted notice prior to suc h healIng. Any person so dOll1g shall be deemed guilty of a nllSdemeanor. The
public hearing shall be held at which all 1I1terested parties shall be heard. The City Council may approve a
Tower Development Permit as requested Il1 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 arc a pennitted conditional use of land, the
Tower Development Permit shall be deemed a conditional use permit for said tract of land.
~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 zonIllg district. Towers in excess of fifty (50) feet in
heIght shall be set back one additional foot for each foot of tower height 111 excess of fifty (50) feet. The
height of a tower shaD be measured hom the grade at the foot of the base pad to the top of any
telecommunications facilities or antennas attached thereto. Setback requirements shall be measured from
the base of the tower to the property line of the tract of land on which it is located.
(B) Towers exceeding one hundred (100) feet in height may not be located in any residential zoned district
and must be separated from all reSIdential zoned land and occupied structures other than those utilized by
the tower owner, by a minimum of two hundred (200) feet or one hundred percent (J 00%) 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 distncts
provided said tower is separated from any residential structure, school, church, and/or occupied struchlres
other than those utilized by the to\\'er owner, by a minimum of one hundred percent (! 00%) of the height of
proposed tower.
(D) Towers must meet the following minimum separation requirements from other towers: .
(I) Monopole tower structures shaD 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 hom all other self-supporting or guyed
towers by a minimum of one thousand five hundred (1,500) feet.
S36-174. Strudural Standards for Towers Adopted
The Strllctural Standards For Steel .1l1lenna Towers And Antenna Supporting Structures, 1991
Edition (ANSI/EIA/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.
g36-175, Illumination and Security Fences
(A) Towers shall not be artificially lighted except as required by the Federal A\'lation AdministTation
(L^l.AJ. In cases where there are residential zoned propel11es located within a distance of 300% of the
height of the tower. any tower subject to tJm Article shall be equipped With dual mode lighting.
Page 36-] 22
Chapter 36 [] Zonmg
(81 All sclf-supportmg lattice or guyed rowl:rs shall be enclosed within a securIty fence or other structure
designed to preclude unauthorized access. '\;10nopole towers shall be designed and constructed in a manner
whIch will preclude to the extent practicaL unauthorized climbing of said structure.
936-176. 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
apphcation 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.
936-177. Landscaping
All tracts of land on whlch towers, antenna support structures, telecommunications facilities
and/or antennas are located shall be subjectto the landscaping requirements of the City Code,
936-178. Maintenance, Repair or Modification of Existing Towers
All towers constructed or under construction on February I, 1998 may continue in existence as a
non-confonning 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 thlS Article, including applying for and obtaining a
Tower Development Permit Any modification or reconstruction of a tower constructed or under
construction on February I, 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 Perm,it
936-179. 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 stmctural 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,
S36-180. 1\1 aintenance
The towers, antenna support structures, telecommunications facilities and antennas shall at all
times be kept and main tamed 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,
S36-18J. Abandonment
If any tower shall cease to be used for a period of three hundred sixty-five (365) consecutive days,
the Building Department shall nOllfy the tower owner that the site will be subject to a deterrnination by the
Building Department Director that the site has been abandoned. Upon issuance of a Notlee 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 1I1 use or under repair
dunng the relevant period, the Buildlllg 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
Page 36-]23
Gr:ll1d Island City Code, 2002 EditlOIl
nUisance by the Build1l1g Department Director, or 11JS'her designee and a \\Tltten request shall be dnected to
the City Attorney to proceed to abate said public nuisance pursuant to ~20-] 5 of the Grand Island City
Code, and charge the costs thereof agall1st 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], 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:
(:'1.) In reSIdential zoned districts, satellite dish antennas may not exceed a diameter of ten (10) feet.
(B) Single family residences 111ay not have 1110re than one (1) satellite dish antenna.
(C) ;vfultiple family residences with tcn or less dwelling Ul1lts may have no more than one (I) satellite
dish antenna. Multiple family residences with more than ten (I 0) 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 lnticlc shall not be affected thereby, but shall
remain 111 flill force and effect.
936-184. Reserved
936-185. Reserved
936-186. Reserved
936-187. Reserved
Article XII. Comprehensive Plan Relationship
936-188. Comprehensive Plan Relationship
This chapter is designed to implement vanous elements of the comprehensive plan as required by
state statutes. Any amendments (0 the zoning regulations or Official Zoning Map shall conform to the
comprehensive plan adopted by the governing body.
Page 36-124
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1. Street yard area defined
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LANDSCAPI~~G
LINE
CURB LINE
Chapter 36
.c...ddenour:1 1113 rr
Grand Island City Code
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2. Example of minimum equivalent street landscaping
area allocation.
The SIze of the stTeet yard is 80 feet by 250 feet, or
20,000 square feet. In the B2 district, 20 percent of this
area (4,000 square feet) must be landscaped
The minimum depth of the streellandscapL'1g from the
iront property line is ten feet. This accounts for 250 feet
by ] 0 feel or 2,500 square feet of the required street yard
landscaping.
Therefore, an additional] ,500 square feet of landscaping
]S TcqUlred. Diagrams (a), (b) and (e) gIve examples of
no"v the street landscaping requirements could be
satisfied.
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