03/23/2010 Ordinances 9256ORDINANCE NO. 9256
An ordinance to amend Chapter 36 of the Grand Island City Code; specifically, to
amend Section 36-72 Light Manufacturing and 36-73 Heavy Manufacturing and Appendix A to
permit a parking lot as a permitted principal use; to amend Section 36-102 Landscaping
Requirements pertaining to landscaping along federal and state funded highways and
landscaping for parking lots with more than 500 spaces; to repeal any ordinance or parts of
ordinances in conflict herewith; and to provide for publication in pamphlet form and the effective
date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Section 36-72 of the Grand Island City Code is hereby amended to
read as follows:
§36-72. (M-1) Light Manufacturing Zone
Intent: The intent of this zoning district is to provide for light fabrication, service, warehousing
administrative and research uses within a zoning district having generally limited public contact and requiring some
minimal landscaping standards.
(A) Permitted Principal Uses: The following principal uses are permitted in the (M-1) Light Manufacturing Zoning
District.
(1) Administrative, executive, professional, research and similar office use having limited contact with the
public
(2) Agriculture, including the raising of field crops, tree and bush crops, animals and fowls, but not including
feed lots, poultry farms, fur farms, and commercial kennels
(3) Buildings and installations for public utilities; facilities shall observe yard space requirements but shall not
be subject to minimum area or width requirements
(4) Railway right-of--way, but not including railway yards or facilities
(5) Radio and television stations, private clubs, and meeting halls
(6) Manufacture, processing, assembly, fabrication or storage ofnon-hazardous products and materials
(7) Parking Lot
(8) Other uses found in the Zoning Matrix [Attachment A hereto]
(B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject to other
conditions relating to the placement of said use on a specific tract of ground in the (M-1) Light Manufacturing
Zoning District as approved by City Council.
(1) Gravel, sand, or dirt removal, stockpiling, processing or distribution, and hatching plant
(2) Concrete or cement products manufacturing and hatching plant.
(3) Truck terminal, tractor, trailer, or truck storage, including maintenance facilities
(4) Contractor's storage yard or plant
(5) Motels and hotels
(6) Towers
(C) Permitted Accessory Uses:
(1) Sales of new merchandise when same is manufactured, processed, assembled, fabricated or stored on the
premises
r_
Approved as to Form n
March 19, 2010 Q City Attorney
ORDINANCE NO. 9256 (Cont.)
(2) Buildings and uses accessory to the permitted principal use
(D) Specifically Excluded Uses:
(1) Any residential use
(2) Manufactured homes and manufactured home parks
(3) Churches, schools, institutions and other public and semi-public uses except for trade and vocational schools
(E) Space Limitations:
Uses Minimum Setbacks
A B C D E
Minimum Minimum Front Rear Side Street Maximum Maximum
Parcel Lot Width Yard Yard Yard Side Ground Building
Area (feet) (feet) (feet) (feet) (feet) Yard Coverage Height (feet)
(feet)
Permitted Uses 20,000 100 35 20 10 10 50% 50
Conditional 20,000 100 35 20 10 10 50% 50
Uses
with 15 feet adjacent to a street landscaped to satisfaction of the zoning official.
(F) Miscellaneous Provisions:
(1) Supplementary regulations shall be complied with as defined herein
(2) Landscaping shall be provided and maintained by the owner or developer within the 15 feet adjacent to a
street; landscaping shall include but is not limited to, screen planting, lawn area, trees, shrubs, fences and walls;
all landscaping shall be planned and maintained to the satisfaction of the zoning official.
(3) Only one principal building shall be permitted on one zoning lot except as otherwise provided herein.
Amended by Ordinance No. 8947, effective 1-5-2005
Amended by Ordinance No. ,effective -2010
SECTION 2. Section 36-73 of the Grand Island City Code is hereby amended to
read as follows:
§36-73. (M-2) Heavy Manufacturing Zone
Intent: The intent of this zoning district is to provide for the greatest amount of manufacturing,
warehousing, wholesaling and business uses. Conditional use permits are required for those uses with more
significant health and safety concerns.
(A) Permitted Principal Uses:
(1) Administrative, executive, professional, research and similar office use having limited contact with the
public
(2) Agencies as found in the Zoning Matrix [Attachment A hereto]
(3) Agriculture, including the raising of field crops, tree and bush crops, animals and fowl, but not including -
feed lots, poultry farms, and fur farms
(4) Concrete or cement products manufacturing and hatching plant
(5) Contractors storage yard or plant
(6) Gravel, sand or dirt removal, stockpiling, processing or distribution, and hatching plant
(7) Manufacture, processing, assembly, fabrication and/or storage ofnon-hazardous products and materials
(8) Mortuaries, funeral homes, and funeral chapels
(9) Parking Lot
(10) Office and office buildings for professional and personal services as found in the Zoning Matrix
[Attachment A hereto]
(11) Outdoor sales and rental lots for new or used automobiles, boats, motor vehicles, trailers, manufactured
homes, farm and construction machinery
(12) Radio and television stations, private clubs and meeting halls
(13) Railway right-of--way, including yards and facilities
(14) 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]
(15) Stores and shops for the conduct of wholesale business, including sale of used merchandise
(16) Truck, bush and tree farming, provided, there is no display or sale at retail of such products on the premises
-2-
ORDINANCE NO. 9256 (Cont.)
(17) Truck terminal, tractor, trailer, or truck storage, including maintenance facilities
(18) Utility substations necessary to the functioning of the utility, but not including general business offices,
maintenance facilities and other general system facilities, when located according to the yard space rules set
forth in this section for dwellings and having a landscaped or masonry barrier on all sides. Buildings shall be of
such exterior design as to harmonize with nearby properties
(19) Vocational or trade schools, business colleges, art and music schools and conservatories, and other similar
uses
(20) Other uses found in the Zoning Matrix [Attachment A hereto]
(B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject to other
conditions relating to the placement of said use on a specific tract of ground in the (M-2) Heavy Manufacturing
Zoning District as approved by City Council.
(1) Automobile wrecking yard
(2) Acid or acid by-products manufacture
(3) Ammonia bleaching powder, chlorine, perozylin or celluloid manufacture
(4) Explosives manufacture or storage
(5) Garbage, refuse, offal or dead animal reduction or disposal area
(6) Glue manufacture, fat rendering, distillation of bones or by-products
(7) Meat packing plants, including poultry and animal slaughterhouses and abattoirs
(8) Milling or smelting of ores
(9) Petroleum refining
(10) Motels and hotels
(11) Petroleum refining
(12) Stock or feed yards
(13) Salvage yard
(14) Tanning, curing, or storage of hides or skins
(15) Towers
(C) Permitted Accessory Uses:
(1) Buildings and uses accessory to the permitted principal uses
(D) Specifically Excluded Uses:
(1) Any residential use
(2) Manufactured homes, and manufactured home parks
(3) Churches, schools, institutions and other public and semi-public uses except for trade and vocational schools
(E) Space Limitations:
Uses Minimum Setbacks
A __
B
C
D
E
Minimum Minimum Front Rear Side Street Maximum Maximum
Parcel Lot Width Yard Yard Yard Side Ground Building
Area (feet) (feet) (feet) (feet) (feet) Yard Coverage Height (feet)
(feet)
Permitted Uses 6,000 50 10 0 0 10 65% -
Conditional 6,000 50 10 0 0 10 65% -
Uses
' None when bounded by an alley, otherwise 10 feet
z No required Side Yard Setback, but if provided, not less than 5 feet or unless adjacent to a parcel whose zone requires a side
yard setback, then 5 feet. When adjacent to a public alley, the setback is optional and may range from 0 feet to 5 feet.
(F) Miscellaneous Provisions:
(1) Supplementaryregulations shall be complied with as defined herein
(2) Only one principal building shall be permitted on one zoning lot except as otherwise provided herein.
Amended by Ordinance No. 8947, effective 1-5-2005
Amended by Ordinance No. ,effective -2010
SECTION 3. Section 36-102 of the Grand Island City Code is hereby amended to
read as follows:
-3-
ORDINANCE NO. 9256 (Cont.)
§36-102. Landscaping Requirements
(A) Purpose: The landscaping and screening regulations are intended to improve the physical appearance of the
community; to improve the environmental performance of new development by contributing to the abatement of
heat, noise, glare, wind and dust; to promote natural percolation of storm water and improvement of air quality; to
buffer potentially incompatible uses from one another; and, to protect and enhance the value of property and
neighborhoods within the city.
(B) Applicability:
(1) The provisions of this section shall apply to the following zones: Medium Density Residential Zone, High
Density Residential Zone, Residential Office Zone, Light Business Zone, General Business Zone, Arterial
Commercial Overlay Zone, Heavy Business Zone, Industrial Estates Zone, Light Manufacturing Zone, Heavy
Manufacturing Zone, Commercial Development Zone, Residential Development Zone and Travel Development
Zone. Landscaping of lands within districts such as the Central Business District and Fourth Street Business
District, as defined in this code, shall be subject to Streetscape Improvement Projects where applicable. In the
absence of such projects, the provisions of this section shall apply.
(2) The provisions of this section shall apply to all new development, including surface parking, on each lot or
site upon application for a building permit, except as follows:
(a) Reconstruction or replacement of a lawfully existing use or structure.
(b) Remodeling, rehabilitation or improvements to existing uses or structures which do not substantially
change the location or building footprint of existing structures, or the location and design of parking
facilities or other site improvements. However, additions or enlargements of existing uses or structures,
which increase floor area or impervious coverage, shall be subject to the provisions of this section, which
shall only apply to that portion of the lot or site where the new development or use occurs.
(c) Residential structures containing three dwelling units or less shall be exempt from the requirements of
this section.
(3) Landscaping which exists on any property shall not be altered or reduced below the minimum requirements
of this section, unless suitable substitutions are made which meet the requirements of this section, pursuant to a
site plan approved by the city.
(4) Any conflict between this section and another section of this chapter shall be resolved in favor of the more
restrictive provision.
(C) Nonconforming Status: Any property or use of property, which as of August 1, 2004 or any amendment hereto
is lawfully nonconforming only as to the regulations relating to landscaping, may be continued in the same manner
as if the landscaping were conforming.
(D) Definitions: The following definitions shall be used for terms contained within this section:
Bu er yard: A landscaped area provided to separate and significantly obstruct the view of two adjacent land
uses or properties from one another.
Canopy tree: A deciduous tree having a minimum mature height of 30 feet and a minimum caliper of 1 inch at
the time of planting. One canopy tree equals two understory/ornamental or evergreen trees.
Evergreen tree: An evergreen or conifer tree having a minimum mature height of 20 feet and a minimum 2
gallon container size or bare root/ball equivalent at the time of planting.
Landscaped area: That area within the boundaries of a given lot consisting primarily of plant material,
including but not limited to grass, trees, shrubs, flowers, vines, groundcover and other organic plant materials
(this does not include plant materials typically used as a cash crop). Tall varieties of native and ornamental
grasses may be planted and left in their natural state in selective and limited locations, deemed appropriate by
the city. Inorganic materials such as brick, stones, aggregate, ponds or fountains may be used within
landscaped areas, provided that such materials comprise no more than 35 percent of the required landscaped
area. Flat concrete or asphalt, other than walkways five feet or less in width, may not be used within a required
landscaped area.
Minimum equivalent street landscaping: The minimum landscaped area which must be provided in a street
yard, expressed as a percent of the total area contained within that street yard.
Shrub: A deciduous or evergreen plant having a minimum height of 18 inches at the time of planting, with a
maximum mature height of less than 10 feet.
Street yard:
(1) The area of a lot or parcel which lies between any street property line and the fronting walls of any
building or buildings on the parcel. The street yard shall follow all irregularities or indentations in the front
wall of the building, excluding minor projections or indentations such as steps or unenclosed porches. For
-4-
ORDINANCE NO. 9256 (Cont.)
the purposes of defining the street yard area, the front wall shall be extended from the outermost corners of
the building parallel with the fronting street, until intersecting with the side property line [see Attachment
B hereto]. Street yard depth shall not exceed 100 feet for the purposes of calculating the minimum
equivalent street landscaping area requirement.
(2) On lots or parcels with multiple buildings, the street yard area shall be defined by all building front
walls having direct, visual frontage onto the street. Any space between buildings equal to 15 percent of the
length of such frontage, but in no case more than 100 feet, shall be considered an extension of the
continuous building front wall for the purpose of delineating the street yard.
Understory/ornamental tree: A flowering or non-flowering deciduous tree having a maximum mature height
of 30 feet and a minimum caliper of 2 inch at the time of planting.
(E) Street Yard Landscaping Standards:
(1) Street yard landscaping shall be provided adjacent to each street property line and within street yards, as
set forth below, in accordance with an approved site landscaping plan.
(2) Minimum equivalent street landscaping area:
(Minimum Equivalent Street Landscaping Area
Zoning District Percent of Street Yard
(%) Minimum Landscaping Depth
of Street Yard (ft.)
R3 65 20
R4 60 10
RO 30 10
B1 25 10
B2 20* 10*
AC 20 20
B3 20 10*
ME 20 20
M 1 20 20
M2 20 10
M3 20 10
TD 30 30
CD ** 30
RD **
Unless otherwise established in an annroved Streetscane Improvement 10 or 30
Proiect.
**As determined by approved plan
(3) When a lot contains more than one street frontage, the area of all street yards and the proposed street
yard landscaped areas may be combined for the purposes of determining compliance with this section.
(4) Any required street yard landscaping shall include the following minimum shrub and tree plantings (or
an appropriate equivalent as determined by the city) for every 100 feet (any fraction of .5 or less rounded to
the next lowest number; any fraction exceeding .5 rounded to the next highest number) of property line
adjacent to a public street right-of--way: 1 canopy tree; 1 understory/ornamental or evergreen tree; 3 shrubs.
Existing trees or shrubs approved for preservation shall be counted toward satisfaction of this provision.
(F) Buffer Yard and Parking Landscaping Screening Standards:
(1) Buffer yard landscaping shall be installed and maintained adjacent to the affected common side or rear
property line(s), when a use is established in a more intensive zoning district located adjacent to a less
intensive zoning district, as set forth below:
More Intensive Zoning District Required Buffer Yard Width Less Intensive Zoning District
(ft )*
RO, B1, B2, AC, B3, CD, TD 10 TA, LLR, R1, R2, R3, R4, RD
ME, M1, M2, M3 20 TA, LLR, Rl, R2, R3, R4, RO,
RD, CD, TD, B1, B2, B2, AC, B3
*When an alley, street or railroad R.O.W. separates adjacent districts requiring a buffer yard, the buffer
yard width shall be halved.
-5-
ORDINANCE NO. 9256 (Cont.)
(2) Buffer yard landscaping is intended to provide screening of loading docks, refuse collection points,
truck equipment parking, sources of noise, glare, light, dust, or other negative impacts. Buffer yard
landscaping shall include hedges or screens of evergreen or approved deciduous plant material, capable of
providing a substantial opaque barrier, and attaining a minimum height of 6 feet within three years of
planting. Opaque fencing may also supplement the vegetative plantings, but shall be installed no closer to
the property line than the width of the required buffer yard.
(3) Buffer yard landscaping and parking landscaping screening strips shall not be placed on an easement.
(4) A parking landscaping screening strip, having a Minimum Landscaping Depth of Street Yard as
identified above, shall be installed along any parking area adjacent to a public street right-of--way. No
parking area shall contain more than 100 spaces except as allowed within these regulations. If a greater
number of parking spaces is required, separate parking areas shall be provided, and shall be separated from
other parking areas by landscaped dividing strips, having a minimum width of 6 feet. These strips shall
include trees, shrubs, grasses and other vegetative coverings for a creative aesthetic appearance. A parking
landscaping screening strip shall also count towards meeting any requirements associated with minimum
equivalent street or buffer yard landscaping.
Alternate plans for parking lots with more than 500 spaces may be submitted for approval by a committee
comprised of the Planning Director, Building Department Director and Public Works Director with
recommendations from other appropriate city staff. The Committee shall establish criteria for the review
and approval of larger parking lots based on but not limited to the following areas of concern: overall area
and types of landscaping provided shall not be less than would be required under the conventional
regulations, provision for storm water management and filtering using best available practices, provisions
for adequate--e lighting, fire protection and security throughout the lot, provisions for pedestrian access
through and around the lot, and provisions for pedestrian access to the site requiring said parking lot.
(5) A development may continue to comply with the buffer yard landscaping requirements in effect at the
time of issuance of its initial building permit, regardless of whether an adjacent lot or property is rezoned to
a less restrictive zoning district which requires additional buffer yard landscaping.
(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.
(H) Installation and Maintenance Requirements:
(1) Required landscaping areas shall be installed and maintained in a neat, clean, orderly and healthful
condition. Maintenance shall include proper pruning of trees and shrubs, mowing of lawn and grass areas,
weeding, removal of litter, fertilizing, replacement of plants consistent with this section when necessary,
and the regular watering of all plantings.
(2) The installation of landscaping shall be completed prior to the issuance of any occupancy permit for
buildings on the property, or commencement of the intended use of the property.
(3) If, at the time of commencement of the intended use of the property or application for a certificate of
occupancy, any required landscaping has not been installed or completed due to seasonal or climatic
conditions or plant material being unavailable, the developer or owner of the property shall submit the
following to the Building Department:
(a) A request for extension of the proposed completion date for installation of the required
landscaping, stating the reason for the request, the property owner's current mailing address, and a
commitment to complete the installation of the landscaping by a date certain, not to exceed six
months from the building completion date.
(b) A drawing showing the plan and layout of the landscaping areas.
(c) A cost estimate for the installation of the landscaping area.
-6-
ORDINANCE NO. 9256 (Cont.)
(d) A bond, certificate of deposit, letter of credit, cash or other financial surety as may be approved
by the City Attorney guaranteeing faithful performance of the owner or developer's commitment to
complete installation of the required landscaping and payable to the City of Grand Island in the event
that the developer fails to carry out the commitments described in sub-paragraph (a) above.
(4) Upon approval of the foregoing request for extension of time to complete the landscaping installation,
the owner or developer shall be issued a conditional certificate of occupancy or a conditional letter
authorizing commencement of use of the property by the Building Department. The owner or developer
shall complete the installation of the landscaping in accordance with the commitments made pursuant to
sub-paragraph (a) above, and, upon inspection and approval by the Building Department, a certificate of
occupancy or commencement of use letter shall be issued. All limitations on the use of the property relating
to landscaping are deemed to be of no force or effect at that time, and the City shall release the surety or
other security submitted by the owner or developer.
(5) If the owner or developer has not installed the required landscaping with the commitments made pursuant to
sub-paragraph (a) above, the owner or developer shall be deemed to have granted the City or its officers, employees,
agents or representatives permission to enter upon the property to install the required landscaping in accordance with
the plan submitted pursuant to sub-paragraph (c) above using the surety or security filed by the owner or developer
as payment for said installation. The Building Department shall send the owner or developer written notice of
default and intention to enter onto the property to install required landscaping by certified mail, return receipt
requested, and ordinary first class mail sent to the last known address of said owner or developer at least five (5)
business days prior to making such entry.
-7-
~-o ~,MO wo -~ ~moc ~~ocr
~~.~..~P-+a.-~
P ~ Penwetl Ike C -t~~ U~
SECTION 4. Sections 36-72, 36-73 and Appendix A and 36-102 as existing prior
to this amendment, and any ordinances or parts of ordinances in conflict herewith, are repealed.
SECTION 5. The validity of any section, subsection, sentence, clause, or phrase
of this ordinance shall not affect the validity or enforceability of any other section, subsection,
sentence, clause, or phrase thereof.
SECTION 6. That this ordinance shall be in force and take effect from and after
its passage and publication in pamphlet form within 15 days according to law.
Enacted: March 23, 2010.
-8-
ORDINANCE NO. 9256 (Cont.)
Margaret ornady, Mayor
Attest:
RaNae Edwards, City Clerk
-9-