Zoning Regulations 1981-1997C.~ TY' +C~F ~,~A, .~R
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ARTICLE 1. GERERA.L PRO®ISIONS
SECTION 101 TITLE
This ordinance may be known and may be cited and referred to
as Comprehensive Zoning Ordinance of the City of Blair,
Nebraska's to .the same effect as if the full title were stated.
SECTIO~d 102 JURISDICTIO
The provisions of this Ordinance shall apply within the area
of planning jurisdiction as defined on the Official Zoning Map of
Blair, Nebraska, as the same may be amended by subsequent
annexation.
SECTIOAi 103 PURPOSES ARID OBJECTII~ES 0~ E ORDI ONCE
The Zoning Ordinance is adopted to preserve, protect and
promote the public health, safety, peace, comfort, convenience,
prosperity and general welfare. More specificially, the Zoning
Ordinance is adopted in order;. to achieve the following
objectives:
1. To provide a precise plan for the physical development
municipality in such a manner as to achieve progressively
gener~a_1. arrangement of land uses depicted in the
Comprehensive Plan.
2. To foster a ha-rmonious, convenient, workable
relationship among local uses and a wholesome, servicable
and attractive living environment.
3. To promote the stability of exisiting land uses which
confo~r~n with objectives and policies of the Comprehensive
Plan and to protect them from inharmonious influences and
harmful intrusions. '
4. To ensure that public and private lands ultimately are
used for the purposes which are most appropriate and most
beneficial from the standpoint of the municipality.
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10. To protect and promote appropriately located
agricultural', commercial, and industrial pursuits in order
to preserve and strengthen its economic base.
11. To protect and enhance real property values.
12. To conserve the municipality's natural assets and to
capitalize vn the opportunities offered by its terrain,
soils, vegetation and waterways.
13. To coordinate policies and regulations relating to the
use of land with such policies and regulations of
incorporated municipalities of the county in order to;
facilitate transition from county to municipal jurisdiction
that land which is first developed in an unincorporated area
and is subsequently annexed to a municipality; foster the
protection of farming operations in areas of planned urban
expansion, and ensure unimpeded development of such new
urban expansion that is logical, desirable and in accordance
with objectives and policies of the Comprehensive Plan.
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ARTICLE 2. APPLICATION OF REGULATIONS
SECTIOP6 201 GEHER
The zoning regulations set forth by this Ordinance within
each district shall be minimum regulations and shall apply
uniformly to each class or kind of structure or land, except as
hereinafter provided.
SECTION 202 ZOHI G AFFECTS E1/ERT BUILDI G AHD USE
No building, structure, or land shall hereafter be used or
occupied, and no building or structure or part thereof shall
hereafter be erected, constructed, reconstructed, moved or
structurally altered except in conformity with all of the zoning
regulations herein specified for the district in which it is
located.
SECTION 203 PERFORH CE STAND RDS
No building' or other structure shall hereafter be erected or
altered;
1. To exceed the height or bulk;
2. To accomodate or house a greater number of families;
3. To occupy a greater percentage of lot area;
4. To have narrower or smaller rear yards, front yards,
side yards, or other open spaces;
than herein required; or in any other manner contrary to the
provisions of. this Ordinance.
SECTION 2O~F OPEH.SPACE, OR 0 -S EET FARKI G OR LOADI G SPACE
No part of a yard, or other open space, or off-street
parking or loading space required about or in connection with any
building for the purpose of complying with this Ordinance shall
be included as part of a yard, span space or off®street parking
or loading space similarly required for any other building.
SECTION 205 TARD AHD LOT REDUCTION PROHIBITED
No yard or lot exisiting at the time of passage of this
Ordinance shall be reduced in dimension or area below the minimum
requirements set. forth herein. Tardy or lots created after the
effective date of this Ordinance shall meet at least the minimum
requirements established by this Ordinance.
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SECTION 206 PROVISIONS OF ORDINANCE DECLARED TO BE MINIMUM
REQUIREMENTS
In their interpretation and application, the provisions of
this Ordinance shall be held to be minimum requirements, adopted
for the promotion of the ..:public health, safety,- morals, or
general welfare. Whenever the provisions of this. Ordinance
require a greater width or size of yards, courts or other spaces,
or require a lower height of building or less number of stories,
or require a greater percentage of lot to be left unoccupied, or
impose other higher standards than are required in any other
Ordinance, the provisions of this Ordinance shall govern.
Wherever the provisions of any other Ordinance require a greater
width or size of yards, court or other open spaces, or require a
lower height of building or a less number of stories, or require
a greater percentage of lot to be left unoccupied, or impose
other higher standards than are required by the provisions of
this Ordinance, the provisions of such Ordinance shall govern._
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ARTICLE 3. CONSTRUCTION AND DEFI ITIONS
SECTIO 301 CONSTRUCTION
The following rules of construction shall apply unless
inconsistent with the plain meaning of the context of this
Ordinance.
301.01 TENSE: Words used in• the present tense include the
future tense.
301.02 NUMBER: Words used in the singular include the plural,
and words used in the plural include the singular.
301.03 SHALL .AND MAY: The word "shall" is naandat®ry; the word
"may" is permissive.
301.04 GENDER: The masculine shall include the feminine and
the neuter.
301.05 '" HEADLNGS: In the event that there is any conflict or
ineonsistenc.y b.et.ween the heading of an article, sectian or
paragraph of this. Ordinance and the context thereof, the said
heading shall. not be deemed to affect the scope, meaning or
intent of such context.
SECTION 302' GENERAL TERA9INOLOGY
The word "city" shall mean the City of Blair, Nebraska. The
word "city council" shall mean the City Council of Blair,
Nebraska. The words "planning commission" shall mean the
Planning. Commission.duly appointed by the municipality. The
words "board of zoning adjustment" and "board" shall mean the
Board of Zoning. Ad justmen.t duly constituted in accordance with
these regulations.. .
SECTION 303 DEFINITIONS
303.01 TEXT OF DEFINITIONS: Words or terms not herein defined
shall have their ordinance meaning in relation to the context.
For the purposes of this Ordinance certain words and
terms used herein are defined as follows;
(1) ACCESS OR ACCESS WAY shall mean the place, ®eans, 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 regulation.
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(2) ACCESSORY U,SE OR BUILDING: A subordinate building or use
which customarily is incidental to th Customar maaccessory cuses
building or use of the premises. Y
include but are not limited to, tennis courts, swimming pools,
detached garages, air conditioners, gardeatiossand~ residential
play houses, barbeque ovens, fire places, p
storage shed. Garages or other accessory uses attached to the
principal structure sha ~ the rincipalestructure. thereof and
meeting the requirements o P
(3} AGRICULTURE shall mean
purposes including farming,
horticulture, Floriculture,
husbandry.
the use of land for agricultural
dairying, pasturage, apiculture,
viticulture, and animal poultry
(4) AIRPORT (AIRFIELD): Any area which is used or is intended
to be used for the taking off and landing of aircraft including
helicopters, and any appurtenant areas which are used or are
intended to be used for airport building or facilities, including
open spaces, taxiways and tie down areas.
(5) ALLEY shall mean a minor public service street or public
thoroughfare 20' or less in width, through a block .of lots
primarily for vehicular service access to the rear or side of.
properties otherwise. abutting on another street.
lied to a building or
(6) ALTERATION: Alteration, as aPP
structure, is a change or rearrangement in the structural parts
of an existing building or structure, specifically, but not
limited to, enlargement, whether by extending a side, increasing.
in height, or the moving fro an alterat a lon or position to
another, shall be considered as
(7) 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.
(a) APARTMENT: (See Dwelling, Multiple).
(9) AUTOMOBILE SERVICE STATION: Buildings and premises whey e
gasoline, oil, grease, batteries, tires and automobile
accessories may be supplied and dispensed at retail, and where,
in addition, the following services may be rendered and sales
made, and no other:
a, Sale and servicing of spark plugs, batteries, and
distributors and distributor parts;
b, Tire servicing and repair, but not recapping or
regrooving;
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c. Replacement of mufflers and tail pipes, water hose, fan
belts, brake fluid, light bulbs, fuses, floor Cs, seat
covers., windshield wipers and wiper blades, grease
retainers, wheel bearings, mirrors and the like;
d. Radiator Meaning and flushing;
e. Washing and polishing, and sale of automotive washing
and polishing materials;
f. Greasing and lubrication;
g. Providing and repairing fuel pumps, oil pumps, and
lines;
h. Minor servicing and repair of carburetors;
i. Wiring repairs.;
j• Adjusting and repairing brakes;
k. Minor. motor adjustments not involving removal of the
head. or' crankcase .
1. Sales of cold drinks, packaged foods, tobacco, and
similar convenience goods for automobile service station
customers.
m. Provision of road maps and other information material to
customers; provision of restroom facilities.
Uses permiss~ible~at an automobile service station do not include
major mechanical and body work, straightening of body parts,
painting, welding, storage of automobiles not in operating
condition, or other work involving noise, glare, fumes, smoke or
other characteristics to an extent greater than normally found in
automobile service stations. An automobile service station, is
not a repair garage nor a body shop.
(10) ,AUTOMOBILE WRECKING YARD: Any lot, or the use of any
portion of a lot, for the dismantling, storage, or wrecking of
automobiles, tractors, farm machinery, or other motor vehicles,
or for the storage or keeping for sale of parts and equipment
resulting from such dismantling or wrecking.
(11) BASEMENT: A space wholly or partially underground, and
having more than one-half (1/2) of its height, measured from its
floor to its ceiling, below the mean finished grade measured at a
point five (5) feet from the foundation.
(12) BLOCK shall mean a parcel of land platted into lots and
bounded by public streets ui by water.~a1s; .right-of-ways, unplat-
ted land, City-County boundaries, or adjoining property lines.
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(13) BLOCK FRONTAGE shall mean all property fronting on one (1)
side of a street between a street and right-of-way, waterway or
between intersecting or intercepting streets, the end of a dead-
end street, or city or county boundary measured along a street
line.
(14) BOARDING OR ROOMING HOUSE shall mean a building containing
a single dwelling unit and provisions for not more than five (5)
guests, where lodging is provided with or without meals for
compensation.
(14A) BODY SHOP: Deleted, See Section (62).
(15) BORROW PIT shall mean any place or premises where dirt,
soil, sand, gravel, or other material is removed by excavation or
otherwise below the grade of surrounding land for any purpose
other than that necessary and incidental to grading or to
building construction or operation on the premises.
(16) BREEZEWAY shall mean a roofed passageway, open on at least
two (2) sides, where the roof is structurally integrated with the
structure of the main building.
(17) BUILDABLE AREA: The portion of a lot remaining after
required yards, open spaces and set backs have been provided.
(18) BUILDING shall mean any structure built and maintained for
the support, shelter or enclosure of persons, animals, chattels,
or property of any kind, but shall not include temporary
b~?ildings as defined in "structure, temporary". Trailers with or
without wheels, shall not be considered as buildings. A building
shall also include covered porches and patios attached hereto..
(19) BUILDING, AREA OF shall mean the sum in square feet of the
ground .areas occupied by all buildings and structure on a lot.
(20) BUILDING, HEIGHT OF shall mean the vertical distance
measured from the average elevation of the finished grade at the
front of the building to the highest point of the structure,
exclusive of chimneys and ventillevationTshallnbehat arpointgfive
used for measuring the average e
(5) feet from the foundation of the building.
(21) BUILDING SETBACK LINE shall mean the minimum distances
prescribed by these regulations between any property line and the
foundation of any building or structure except that in the in-
stance of cantilever wall construction, the measurement shall be
from the property line and the face of the cantilever wall.
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For the purposes of mi.ni.mr~m set back requirements, neither an
uncovered structure not more than thirty (30) square feet in area
and not more than thirty (30) inches above the average adjacent
grade, nor an urrcovPred stair or landing not extending more than
forty-eight. (48) inches from a building shall be considered a
structure for L•he measurement set back requirements.
(22) CAMP, PUBLIC shall mean any area or tract of land used or
designed to accommodate two (2) or more camping parties including
tents or other camping o~xtfi.ts but not including trailer parks.
Such camp may be publicly or privately owned and operated.
(23) CAMPING UNtT: Any vehicle, tent, trailer, or ether
movable shelter used for camping purposes.
(24) CARPORT shall mean a permanent roofed structure with clot
more than two (2) enclosed sides used or intended to be used for
automobile shelter and storage.
(25) CEMETERY shall mean land used or intended to be used for
the burial of the human dead and dedicated for s11ch purposes,
including columbariums, crematoriums, and mausol.erlms.
(26) CHANNEL shall mean the geographical area within either the
natural or artificial banks of a watercourse or drainway.
(27) CLINIC: (See Medical, Dental or Health Clinic).
(2II) CLUB shall mean an association of persons (whether or not
incorporated), religious or otherwise, for a gommon purpose, but
not including groups which are organized primarily to render a
service carried on as a business for profit.
(29) COLLECTOR STREET: (See Street Network, Coli.ector).
(30) COLLEGE shall mean an educational institution offering
advanced instruction in any academic field, beyond the secondary
level, not incruding t:r.adP sr.hools or business colleges.
(30A) COMMERCIAL OFFtCE BIJTLDINGS shall mean office buildings
whic}r are ~1sed exclrlGivP].y for office space for of.f.ices fvr
accountants, insurance agents, attorneys, businesses, real estate
sales, and offices of a same or similar nature of those specified
herein.
(30B) COMMERCIAL CENTERS shall mean business offices which may
have a limited area for. display of merchandise or equipment sold
or serviced by the business and a limited area for inventory
storage. Not more than 200 square feet shall be utilized for
eithec display or inventory storage purposes. In addition, no
service vehicles other than normal passenger vehicles without
commercial business markings shall be stored at the commercial
center location".
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(31) COMMON OPEN SPACE: An area of land or water or combination
thereof planned for passive or active recreation, but does not
include area utilized for streets, alleys, driveways or private
roads, off-street parking or loading areas. However, the area of
recreational activities such as swimming pools, tennis courts,
shuffleboard courts, etc., may be included as common open space.
(32) COMMON SEWER SYSTEM: A sanitary sewage system in public
ownership which provides for the collection and treatment of
domestic effluent in a central sewage treatment plant which meets
the minimum requirements of the .Nebraska Department of
Environmental Control for primary and secondary sewage treatment
and which does not include septic -tanks or portable sewage
treatment facilities.
(33) COMMON WATER SYSTEM: A water system which provides for the
supply, storage and distribution of potable water which is in
public ownership.
(34) COMPREHENSIVE PLAN: Is the plan or series of plans for the
future development of the City recommended by the Planning
Commission and adopted by the City Council.
(35) CONDITIONAL USE PERMIT: A conditional use permit is a
written permit issued by the City Council after presentation to
and recommendation by the City Planning Commission. This condi-
tional use permit provides permission under specific conditions
to make certain uses of Iand in certain zoning districts as
stipulated under exceptions in each of the district zoning regu-
lations. (See Exceptions).
(36) CONDOMINIUM shall mean real estate, portions of which are
designated for separate ownership and the remainder of which is
designated for common ownership solely by the owners of those
portions. Reai estate is not a condominium unless the undivided
interest in the common elements are vested in the unit owners.
Any use permissible in any commercial or manufacturing district
shall be permissible as provided in the regulations of the dis-
trict regardless of condominium ownership of any real estate
within said districts.
(36A) CONDOMINIUM RESIDENTIAL shall mean real estate utilized
for residential purposes, portions of which are designated for
separate ownership and the remainder of which is designated for
common ownership solely by the owners of those portions. Real
estate is not a condominium unless the undivided interest in the
common elements is vested in the unit owners.
(37) CUL-BE-SAC is a local street of relatively sh®rt length
with one end open to traffic and the other end terminating in a
vehicular turn around. No cul de sac shall be allowed which has
a vehicle turn around less than fifty (50) feet in radius and any
cul-de-sac shall also provide for not less than a dedicated right
of way of 12.5 feet surrounding the turn around.
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(38) DAY NURSERY: Deleted. '~`
(38A) DAY CARE CENTER: A facility, other than a public or i
parochial school which provides care to four or more children '~ F
from more than one family, and is required to be licensed as a 4
Day Care Center by the State of Nebraska Department of Social
Services.
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(39) DISTRICT shall be defined as meaning a zoning district
established by these regulations..
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(40) DORMITORY shall mean a building intended or used primarily
for sleeping accommodations, where such building is related to an
educational or public institution, including religious institu-
tions and fraternities and sororities. ~
(41) DRIVE-IN MOVIE shall mean any area used for the parking of
vehicles for the purpose of the occupants viewing from. the vehi-
cle a motion picture or other entertainment.
(42) DRIVE-IN RESTAURANT shall mean any building or structure
in which food or drink are prepared for service to customers
within such structure, occupying vehicles outside of such struc-
ture, including drive in windows and self-service restaurants for
take-out food.
(43) DUPLEX shall mean the same as "Dwelling, Two (2) Family".
(44) DWELLING shall mean a building or portion thereof designed
and used exclusively for residential occupancy and permitted home
occupations, including one (1) family, two (2) family, and multi-
ple dwelling unit, but not including hotels, motels, boarding or
lodging houses, trailers or mobile homes (with or Without
wheels).
(45) DWELLING, MULTIPLE shall mean a building designed and used
for occupancy by three (3) or more families, all living indepen-
dently of each other and having separate kitchen and toilet
facilities for each family,
(46) DWELLING, ONE (1) FAMILY shall mean a building designed or
used exclusively for the occupancy of one (1) family, and having
kitchen and toilet facilities for only one (1) family.
(46A) DWELLING, ONE FAMILY ATTACHED One family dwelling at-
tached shall mean no more than two (2) one family dwellings which
share a common fire wall and which do not extend over the other.
Each dwelling may have common or separate ownership. Each sepa-
rate dwelling shall have its own access to the front and rear and
there shall be no common area between each dwelling except the
common fire wall dividing the dwellings.
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(47) DWELLING 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
toilet facilities for each family.
(48) DWELLING UNIT: One room, or rooms connected together,
constituting a separate, independent housekeeping establishment
for owner occupancy, or rental or cease on a weekly, monthly, or
longer basis, and physically separated from any other rooms or
dwelling units which may be in the same structure, and containing
independent cooking and sleeping facilities.
(49) EASEMENT: is a grant by the property owner to the public, a
corporation, or persons of the use of a tract of land for a
specific purpose or purposes.
(50) EFFICIENCY UNIT: A dwelling unit having only one room
exclusive of bathroom, water closet compartment, kitchen,
laundry, pantry, foyer, communiating corridor, closets, or any
dining alcove. An efficiency unit shall be permitted only in a
multi-family dwelling.
(51) EXCEPTION: An exception is a use that would not be
appropriate generally or without restriction throughout the
zoning district, but which, if controlled as to number, area,
location or relation to the neighborhood, would promote the
public health, safety, welfare, morals, order, comfort,
convenience, appearance, prosperity, or general welfare. Such
uses may be permitted in such zoning districts as exceptions, if
specific provi.sion~ for such exceptions is made. in this Ordinance
(See Conditional Use Permit).
(52) FAMILY: One or more persons related by blood, marriage, or
adoption, living together as a single housekeeping unit, or a
group of not more than four (4) unrelated persons living together
as a single housekeeping unit; plus in either case, usual
domestic servants. A family shall under no circumstances be
construed as a boarding house, fraternity, or sorority house,
club, lodging house, hotel or motel.
(52A) FAMILY DAY CARE HOME: A facility or private home provid-
ing care to four or more children from different families and is
required to be licensed as a Family Day Care Home by the State of
Nebraska Department of Social Services.
(53) FARMSTEAD: An area of twenty (20) acres or more, on which
is located at least one farm residence, and which is used for
raising agricultural crops, livestock, poultry, or dairy
products.
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(54) FARM RESIDENCE: Residential dwellings located on a farm-
stead including mobile homes as living quarters for persons
employed on the premises.
(55) FEEDLOT: A feedlot shall mean the confinement of horse and
food animals in building lots, pens, pools, or ponds which
normally are not used for raising crops or grazing animals. A
commercial feedlot shall mean a lot, or portion of a lot, used
for the enclosing and fattening of livestock for market, and
involves more than 300 head at a given time.
(56) FENCE shall mean any structural device forming a physical
barrier which is so constructed that not less than fifty (50)
percent of the vertical surface is open to permit the
transmission of light, air and vision through said surface in a
horizontal plane. (For board or other solid barriers, see
"Well").
(57) FLOOR AREA:
a. For computing off-street parking requirements: shall
mean the gross floor area of the building measured from the
exterior faces of the exterior walls or from the centerline
of walls separating two buildings and shall include the
following areas:
1. One-half (1/2) the basement floor area.
2. The area of each floor of the structure.
b. Floor area for determining floor area ratio: as used:.
herein shall be computed as the sum of the following areas.:
Z. The gross horizontal areas of the several buildings
measured from the exterior faces of exterior walls or from
the centering of walls separating two buildings which shall
include floor area utilized for stairwells or elevator
shafts and floor space used for mechanical equipment .(except
equipment open or enclosed, located on the roof).
2. Penthouses.
3. One-half (1/Z) the
4. Interior balconies
5. Enclosed porches.
6. Floor area devoted
7. Interior walls.
basement floor area.
and mezzanines.
to accessory uses.
c. Floor Area Ratio: the maximum percentage of allowable
of a building or complex (including both principal and
accessory buildings) computed by dividing the floor area of
said complex or buildings by the area of the building site.
(58) FRATERNITY shall mean a building or structure housing a
group of men associated for their common interest. Such group
may eat., sleep and otherwise use such facilities as are provided
on the premises.
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{59) FRONTAGE shall mean that portion of a parcel of property
which abuts a dedicated public street or highway.
(60) GARAGE, PRIVATE shall mean a detached accessory building or
a portion of a main building on the same lot as a dwelling for
the housing of vehicles for the occupants of the dwelling,
including carports.
(61) GARAGE, PUBLIC shall be defined as any building or a
portion of any building for the housing of vehicles other than a
private garage.
(62) GARAGE, REPAIR: Buildings and pzemises where repairs are
performed on the mechanical systems and bodies of any licensed or
unlicensed vehicle or motorized equipment. In addition, all
sales and services provided for in an automobile service station
may be provided in a repair garage.
(63) GOLF COURSE shall mean a lot or portion of a lot used for
the playing of golf, including pitch and putt courses, but shall
not inc ude.driving ranges, detached from or not a part of a golf
course,. miniature golf courses or other similar commercial
enterprises.
(64) GREENHOUSES shall mean a building or structure. constructed
chiefly of glass, glass-like translucent material, plastic, cloth
or lath, which is devoted to the protection or cultivation of
flowers or. other plants.
(65) GOVERNING BODY: That Body having jurisdiction in the
?oning. area.
(66) GROUP DAY CARE HOME: A facility, other than a public. or
parochial school which is in the business of providing care to
four or more children from more than one family, and is required
to be licensed as a Group Day Care Home by the State of Nebraska
Department of Social Seivices.
(67) GRADE:
a. For buildings having walls facing one street only, the
elevation of the finished surface of the ground at the
center of the wall facing the street shall be the grade.
b. For buildings having walls facing more than one street,
the grade shall be determined by using the average of the
grades (as defined in a. above) of all walls facing
each street.
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c. For buildings having no wall facing a street, the
average level of the finished surface of the ground adjacent "~ '
to the exterior walls of the building shall be the grade.
Any wall approximately parallel to and not more than 35 feet
from a street line is considered as facing the street.
(68) GUEST ROOM shall mean a room which is designed to be
occupied by one (1) or more quests for sleeping purposes, having
no kitchen facilities, not including dormitories.
(69) HOME OCCUPATION shall mean any commercial use customarily
conducted entirely within a dwelling or a permitted accessory
building and carried on by the inhabitants thereof, which use is
clearly incidental and secondary to the use of the structure and
premises for dwelling purposes and which use does not change the
character thereof.
All of the following criteria shall apply for the evaluation of
"Home Occupation":
A. There shall be not more than one (1) person or employee other
than the members of the resident family.
B. There shall be no use of material or mechanical equipment not
recognized as being part of normal household or hobby uses.
C. There shall be no sales of products or services not produced
on the premises unless such sales are secondary and incidental to
a primary service which is the home occupation.
D. The use shall not generate pedestrian or vehicular traffic
beyond that normal to the district in which it is located.
E. It shall not involve the use of commercial vehicles for
delivery of materials to or from the premises, other than a
vehicle not to exceed one (1) ton, owned by the operator of such
home occupations.-
F. No indoor storage of materials or supplies, other than' for
purposes other than those permitted in the district. No outdoor
storage of any materials, supplies, or equipment shall be allowed
or permitted. Unless permitted in the district, no nonlicensed
vehicles or equipment shall be allowed on the premises
G. It shall not involve the use of signs or structures other
than those permitted in the district in which it is a part.
H. Not more than twenty percent (20~) of the square footage of
finished living area in the dwelling, not to exceed 250 square
feet, shall be used for the home occupation either in the dwell-
ing, attached or detached garage or accessory building permitted
in the district. In the event the building, room, or space
utilized for the home occupation exceeds the maximum allowable --~.
area which may be utilized for the home occupation, the building,
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room, or space shall be partitioned to limit the area to the
maximum allowed.
I. All doors, windows, or any other openings in the area uti-
lized for home occupations shall be closed during operation.
J. In no way shall the appearance of the structure be so altered
or the conduct of the occupation within the structure be such
that the structure may be reasonably recognized as serving a
nonresidential use (either by color, materials or construction,
lighting, signs, sounds or noises, vibrations, etc.)
K. There shall be no use of utilities or community facilities
beyond that normal to the use of the property for residential or
agricultural purposes as defined in the district.
L, The use does not infringe upon the right of neighboring
residents to enjoy peaceful and healthful occupancy of their
home.
M. No flammable. or hazardous materials for the home occupation
shall be stored or used on the premises other than materials or
supplies and in such quantities as are recognized as being normal
materials. or supplies present in the district.
N. No noise, sound, vibrations, fumes, smoke, odors, gasses, air
contaminants, heat, glare, or electrical interference from the
conduct of the occupation be present or exist outside of the
structure..
O. The following are deemed not to be home occupations and,
therefore, may be conducted. without the necessity of obtaining a
special use permit for. a home occupation:
(1) Sales persons where there are no on sight transac°
tion.
(2) Businesses to the extent that book or paper work
and telephone transactions occur on the premises, and
where there is no fabrication, production of goods or'
services on the premises, and where storage of inventory
or equipment, excluding one business vehicle, is limited
to a maximum of 100 square feet.
(3) Music, art, dance, or educational instruction or
tutoring, providing that no more than 4 students are
present at any one time.
(4) Seamstresses and tailors.
(5) Home crafts which are of a hobby nature.
t6) Businesses which activities are limited strictly to
telephone transactions.
(7) Babysitters or day care providers providing care
for three or less individuals from different families.
(8) Garden produce.
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6/91
(?0) HOSPITAL shall mean any building or portion thereof used
for the accommodation and medical care of sick, inured, or
infirm persons and including sanitariums, alcoholic sanitariums,
institutions for the cure of chronic drug addicts and mental
patients.
(71) HOTEL: A building or portion thereof, or a group of
buildings, used as a transient abiding place which may or may not
serve meals and whether such establishments are designated as a
hotel, inn, automobile court, motel, motor lodge, motor court,
tourist cabin, tourist court or other similar designation.
(72) KENNEL, BOARDING AND TRAINING shall mean any lot or
prmbinationnthereof, atuleast)four (4)rmonthssof~ageCaare boarded
co
or trained for a fee. .
(73) KENNEL, BREEDING shall mean any lot or premises on which
four (4) or more dogs or cats or any combination thereof, .owned
by the occupant of the premises, are kept for the .purpose of~
raising and training for show or sale.
(79) LANDSCAPING shall include the °uirementsloftthisoRegulatbon
vegetation in conformity with the req
and the continued maintenance thereof.
(75) LOADING SPACE, OFF-STREET: Space logically and
conveniently located for bulk pickups and deliveries, scaled to
delivery vehicles expected to be used, and accessible to such
vehicles when required off-street parking spaces are filled.
Required off-street loading space is not to be used as off-street.
parking space in computation of required off-street parking
space. .
(76) LODGING HOUSE shall mean the same as "Boarding House".
~l
i
Z-17 (A).
-- ( 77 ) LOT: For purpose of this' ~Ordinarice a ~ lot is a tact . of
land of . at least sufficient ,size to meet,; minimum ..zoning, ,and
subdivision requirements for ~s~, coverage, and area,. and ;to
provide such ,ya.rds..and .other open spaces, as. are herein required.
Such lot shall have frontage on any public street, or on an
approved p~ivate,..street.
(78) LOT COURAGE shall mean that,portion.•of•a lot; which .is
occupied by any building or structure, excepting paved areas,
walks and swimming pools, ,regardless of,whethe.r said building or
structure is intended, for human,,.occµpancy. •,
(79) LOT DEPTH: Depth of a lot shall be considered to be the
• distance between the mid-points of straight., lines connecting the
• foremost points of the •s ide . lqt . ~.•ineS. in; front.:and, the rearmost
points of the side lot lines,.in the rear..;, ..
.. ~ . .
(80) LOT FRONT: The front of a Iot shall be construed,to~be,the
portion nearest the street. For the purpose of determining yard
requirements on corner lots ,and through ~l.ots, all sides of a : lot
adjacent to streets shall be considered frontage, and yards•,sha11
be provided as indicated under."Yards." inrahis article.
(81) LOT OF RECORD: A lot which is part of a subdivision
recorded in the office of the Register of Deeds, or a lot or
parcel described by metes and bounds the~descr•iption of which has
been so recorded. ,+
• ,
(82) LOT WIDTH: Width of a lot shall be considered to be the
distance between straight lines connecting front and rear lot
lines at each side of the• ~lot~, measured' acios~s the rear of the
required front yard, provided," however, that width between side
~lot• Tines at their foremost points where they intersect with the
street line, shall not be less than eighty (80) percent of the
required lot width except in the case of lots on the turning
.circle of cul-de--sacs, or on loop streets, where the eighty (:80)
percent requirement shal•1 not apply. ~~~
(83) LOT, CORNER: Indicated as A on Exhibit "A", a corner lot
is defined as a lot located at the intersection of two (2) or
more•s.treets. A lot abutting on a curved street or streets shall
be considered ~a corner,'lot if straight lines drawn- from the
foremost points of the`side lat lines the foremost point of the
lot meets at an interior angle of less ~than• thirty-five ~(35)
degrees.' See lots marked A in the abowe~diagr~am.
(84) LOT, INTERIOR: Indicated as B on Exhibit "A", an interior
lot 'is' defi.ined as a lot other than a corner lot with only one
frontage on a street.
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(85) LOT, NONCONFORMING shall mean a lot having less area or
dimension than that required in the district in which it is
located and which was lawfully created prior to the zoning
thereof whereby the larger area or dimension requirements were
established.
(86) LOT, THROUGH: Indicated as C on Exhibit "A", a through lot
is defined as a lot other than a corner lot with frontage on more
than one street. Through lots abutting two (2) streets may be
referred to as a double frontage lot.
(87) LOT, REVERSED FRONTAGE: Indicated as D on Exhibit "A", a
reveresed frontage lot is defined as a lot on which the frontage
is at right angles or approximately right angles, interior angle
less than one hundred thirty®five (135) degrees, to the general
pattern in the area. A reversed frontage lot may also be a
corner lot, (A-D on Exhibit "A"), an interior lot (B-D) or a
through lot (C-D).
(88) MAJOR RECREATION EQUIPMENT: Major recreational equipment
is defined as including boats and boat trailers, travel trailers,
pickup campers or coaches, designed to be mounted on automotive
vehicles, motorized dwellings, tent trailers and the like, and
cases or boxes used for transporting. recreational equipment,
whether occupied by such equipment or not, and shall include the
term Recreational Vehicle.
(89) MEDLCAL, DENTAL OR HEALTH CLINIC: Any building or portion
thereof used by one or more persons lawfully engaged in the
diagnosis:, care and treatment of physical or mental diseases or
ailments of human beings; .including but not limited to, doctors
of medicine, dentists, ehirvpr-actors, osteopaths, optometrists,
podiatrists. and in which no patiehts are lodged overnight, but
which may include an apothecary.
(90) MOEILE.HOME: Any transportable dwelling unit designed and
constructed on a chassis that is capable of being transported
after fabrication on its own wheels, or detachable chassis and
wheels. This shall-include double-wide homes.
a. PERMANENTLY ATTACHED: Attached to real estate owned by the
title holder of the mobile home in such a way as to require
dismantling, cutting away, unbolting from foundation or
structural change in such mobile home in order to relocate it
on another site.
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b. MODULAR HOME: (Does not include double-wide mobile homes);
any prefabricated structure of conventional construction used
for. dwelling purposes moved on to a site in essentially
complete constructed condition, in one or more parts and when
completed is a single-family unit on a permanent foundation,
attached to the founcons dered single family dw llingsofor
MODULAR HOMES shall be
purposes of this Ordinance.
(91 ) MOBILE HOME PARK: Any area of land which one ( 1 ) or more
mobile homes are parked, connected to utilities and used by one
(1 ) or more persons for living or sleeping purposes. A mobile
home parked in this area can either be placed on a permanent
foundation or supported only by its wheels, jacks, blocks, or
skirtings or a combination of these devices. A mobile home park
includes any premises set apart for supplying to the public
parking space, either free of charge or for revenue purposes for
one (1) or more mobile homes, connected to utilities and used by
one (1) or more persons for living, or sleeping purposes and
shall include any building, structure, tent, vehicle or enclos-ure
used or intended for use as a part of the equipment of such
mobile home park.
(92) MOTEL shall mean a building or group of buildings used for
transient residential purposes containing guest rooms or dwelling
units with or without automobile storage space provided in
connection therewith, which building or group is dessgned,
intended or used primarily for the accomodation of transient
automobile travelers, including groups designated as auto cabins,
motor courts, motor hotels and similar designation. .
(93) NONCONFORMING USE: An existing use of a structure or land
which does not conform with the regulations of the district in
which it is situated as established by this regulation or any
amendments thereto`
(94) NURSING HOME OR CONVALESCENT HOMES: An institution or
agency licensed by the State for the reception, board, care or
treatment of three or more unrelated individuals, but not
including facilities for the care and treatment of mental
illness, alcoholism, or narcotics addiction.
(95) PARKING SPACE, OFF-STREET ace shalleconsist ofoa space
Ordinance an off-street parking sp
adequate for parking an automobile with roam for ripening doors on
both sides, together with properly related access to a public
street or alley and maneuvering room. All off-street parking
spaces ,hall be hard esuired off~streeti parkin go areasdfor three
concrete or asphalt. R q
(3) or more automobiles shall have individual spaces marked, and
shall be so designed, maintained and regulated that no parking or
maneuvering incidental to parking shall be on any public street,
Z-20
walk, or alley, and so that any automobile may be parked and
unparked without moving another. A garage shall not be
considered as meeting off street parking qualifications unless
the driveway access to the garage is not considered as off street
parking for the purposes of these regulations. Required off
street parking areas for five or more automobiles shall have
individual spaces marked.
For purposes of approximate computation, an off-street parking
space and necessary access and maneuvering may be estimated at
three hundred (300) square feet, but off-street parking require-
ments will be considered to be met only when actual spaces meet-
ing the requirements above are provided and maintained, improved
in a manner appropriate to the circumstances of the case, and in
accordance with all ordinances and regulations of the City..
(96) PARKWAYS: Those streets which are similar to an arterial,
but with a large median for landscaping and somewhat slower
traffic flow.
(97) PEDESTRIAN WAYS: Is a tract of land dedicated to public
use, which cuts across a block to facilitate pedestrian access to
adjoining streets or properties.
(98) PERMANENT FOUNDATION: The masonry or concrete substructure
of a structure which directly supports the structure around its
entire perimeter and at points within its perimeter where needed.
(99) PERSON shall mean an individual, firm, co-partnership,
joint venture, association, social club, fraternal organization,
corporation, estate, trust, receiver, syndicate, special
district, or any other group or combination acting as an entity.
(100) PLANNED DEVELOPMENT: Special development of certain
tracts of land, planned and designed as a unit for one or more
land uses under the regulations and procedures contained in this
Ordinance and as approved by the City Council.
(101) PRIVATE CLUB: Anon-profit association of persons who are
bona fide members paying annual dues, which owns, hires or leases
a building or premises, or portion thereof, the use of such
building or premises being restricted to members and their
guests. The affairs and management of such private clubs are
conducted by a board of directors, executive committee, or
similar body chosen by the members at their annual meeting. It
shall be permissible to serve food and meals on such premises
providing adequate dining room space and kitchen facilities are
available. The sale of alcoholic beverages to members and their
guests shall be allowed provided it is secondary and incidental
to the promotion of some other common objective by the
organization, and further provided that such sale of alcoholic
beverages is i.n compliance with the applicable Federal, State,
County, and Municipal laws.
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3/94
(102) PROFESSIONAL OFFICE shall mean any building or por-
tion of a building used or intended to be used as an office -~~
for a lawyer, architect, engineer, land surveyor, optome-
trist, accountant and other similar professions.
(103) PUBLIC UTILITY: Any business which furnishes the general
public (a) telephone service, (b) telegraph service, (c) elec-
tricity, (d) natural gas, (e) water and sewer, (f) cable tele-
vision, (g) .any other business so affecting the public interest
as to be subject to the supervision or regulation by an agency of
the State.
(104) .QUASI-PUBLIC ORGANIZATIONS shall mean any non-governmental
organization that is devoted entirely to public service and
welfare.
(104A} REPAIR GARAGE: See GARAGE, REPAIR
(104B) RESIDENTIAL CONDOMINIUM: See CONDOMINIUM, RESIDENTIAL
(104C) RENTAL AND LEASING ESTABLISHMENTS, INSIDE STORAGE ONLY
shall mean an establishment renting or leasing, on a long or
short term basis, and storing on location equipment and miscella-
neous items, all of which equipment and miscellaneous items must
be stored inside and no outside storage is utilized.
(104D) RENTAL AND LEASING ESTABLISHMENTS, OUTSIDE AND INSIDE
STORAGE, shall mean an establishment renting or leasing, on a
long or short term basis, and storing on location either inside
or outside, equipment or other items excluding general consumer
or household items such as furniture, appliances, and yard or
garden tools or equipment.
(105) SALVAGE YARD: Any lot, or the use of any portion of a
lot, for the dismantling, storage or wrecking of machinery, farm
machinery, and including motor vehicles or for the storage or
keeping for sale of parts and equipment resulting from such
dismantling or Lrecking; nr for the storage or keeping of junk
including scrap metals or other scrap materials, with no burning
permitted.
(106) SIGN: Any device which shall display or include any
letter, word, model, banner, flag, pennant, insignia, device or
representation used as, or which is in the nature of, an adver-
tisement or announcement which directs attention to an object,
product, place, activity, person, institution, organization or
business but shall not include any display of official notice or
official flag.
(107) SIGNS, ON-SITE: A sign relating in its subject matter to
the premises on which it is located, or to products, accommoda-
tions, services, or activities on the premises. On-site signs do
not include signs erected by the outdoor advertising industry in
the conduct of the outdoor advertising business.
(108) SORORITY shall mean a building or structure housing a
group of women associated for their common interest. Such group
may eat, sleep, and otherwise use facilities as are provided on
the premises.
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3/94
(108A) STORAGE UNITS, MINI: Storage units primarily for the
storage and housing of personal property including but not limit-
ed to household goods, boats, motor vehicles, with each unit
generally not exceeding two hundred (200) square feet.
(109) STORY shall mean a space in a building between the surface
of any floor and the surface of the floor above, or if there be
no floor above, then the space between such floor and the ceiling
or roof above. The basement as defined herein shall not be
considered as a story of the building.
(110) STREET shall be defined as meaning a public thoroughfare
or right-of-way, dedicated, deeded or condemned for use as such,
other than an alley, which affords the principle means of access
to abutting property, including avenue, place, way, drive, lane,
boulevard, highway, road or any other thoroughfare except as
excluded herein.
(111) STREET LINE shall mean the boundary line between the
street right-of-way and the abutting property.
(11"2) STREET, LOOP: A street having both ends terminating on
another single street.
(113) STREET, MARGINAL: A minor street which is parallel to and
adjacent to an arterial street and which serves to reduce the
number of access points to the arterial street and thereby
increase. traffic safety.
(114) STREET NETWORK:
a. EXPRESSWAY: A street which provides fast and efficient
movement of large volumes of traffic between areas and does
not provide a land service function.
b. ARTERIAL: A street which provides for through traffic
movement between and around areas with direct access to
abutting property, subject to necessary control of entrances,
exits, and curb use.
c. COLLECTOR: A street which provides for traffic movement
between arterials and local streets, with direct access to
abutting property.
d. LOCAL: A street which provides direct access to abutting
land, and local. traffic movement whether in business, indus-
trial, or residential land.
(115) STRUCTURE: Anything constructed or erected, the use of
which requires permanent location on the ground or attachment to
something having a permanent location on the ground, but not
including fences or public items such as utility poles, street
light fixtures and street signs.
Z-23
3/94
(116) STRUCTURAL ALTERATIONS: Any change in the supporting
members of a building, such as bearing walls or partitions,
columns, beams, or girders, or any. complete rebuilding of the
roof or the exterior walls. For the purpose of this regulation,
the following shall not be considered as structural alterations:
a. Attachment of a new front where structural supports are
not changed.
b. Addition of fire escapes where structural supports are
not changed.
c. New windows where lintels and support walls are .not
materially changed.
d. Repair or replacement of non- structural members.
(117) STRUCTURE, TEMPORARY shall mean a structure which is
readily movable.
(118) TAVERN: An establishment in which the primary function is
the public sale and serving of alcoholic beverages for
consumption on the premises, including establishments, commonly
known as key clubs, which are open, and in which alcoholic
beverages are served, only to members and their guests.
(11.9) VISUAL OBSTRUCTION shall mean any fence, hedge, tree,
shrub, wall or structure exceeding three (3) feet in height,
measured from the crown of intersecting or intercepting streets,
alleys, or driveways, which limit the visibility of persons in
motor vehicles on said streets, alleys or driveways. This does
not include trees kept trimmed of branches below a minimum height
of eight ( 8 ) feet .
(120) VARIANCE: A variance is a waiver of the terms of the
Zoning Ordinance where such variance will not be contrary to the
public interest and where, owing to conditions peculiar to the
property and not the result of the actions of the applicant, a
literal enforcement of the Ordinance would result in unnecessary
and undue hardship. As used in this Ordinance a variance is
authorized only for height, area, and size of structure or size
of yards and open spaces; establishment or expansion of a use
otherwise prohibited shall not be allowed by variance, nor shall
a variance be granted because of the presence of non-conformities
in the zoning district or uses in an adjoining zoning district or
because of conditions created by the landowner.
(121) WALL shall mean any structure or device formercentporsmore
barrier, which is so constructed that fifty (50) p
of the vertical surface is closed and prevents the passage of
light, and vision through said surface in a horizontal plane.
Z-24
3/94
(123) YARD, FRONT: A yard extending from the front lot line
adjoining a public street to the front. of the building between
side~iot lines.
In any required front yard, no fence or wall shall be permitted
which materially impedes vision across such yard above the height
of thirty (30') inches, and no hedge or other vegetation shall
permitted: which material impeded vision across such yard between
the heights of thirty (30) inches and ten (10) feet. See Section
i1Q2.
Z-25
6/94
2. In the case i f 1a11994chbothnof the front yards shallahave
subsequent to Ju y ,
the full depth required generally in the district.
Depth of required front yards shall be measured at right angles
to a straight line joining the foremost points of the side lot
lines. The foremost point of the side lot line, in the case of
rounded property corners at street intersections, shall be
assumed to be the P ~ nsuch roundinghe The front 1 t linen andithe
would have met withou
inner edge of the front yard shall be parallel.
(1.24) .YARD, REAR:. A yard extending from theardalinet lInethe
the rear of the building between inner side y
case of through lots and corner lots, there will be no rear
yards, but only front and side yards.
Depth of a required rear yard shall be measured in such a manner
that the yard established is a strip of the minimum width
required by district regulations with its inner edge parallel
with the rear lot line.
(125) YARD, SIDE: A yard extending from the rear Line of the
required front yard to the rear lot line, or in the absence of
any clearly defined rear lot line to the point on the lot
farthest from the intersection of the lot line involved with the
public street. In the case of through lots, side yards shall
extend from the rear lines of front yards required. In the case
of corner lots, yards remaining after full and half-depth front
yards have been established shall be considered side yards.
Width of a required side yard shallcbe meavs~re ~e minimum wi dth
that the yard established is a -trip arallel
required by district regulations with its inner edge p
with the side lot line.
A yard behind any required. yard adjacent
(226) YARD, SPECIAL:
to a public street, required to perform the same function as a
side or rear yard, but adjacent to a lot line so placed or
oriented that neither the term "side Y~enzoni g administrator
yard" clearly applies. In such cases,
shall require a yard with minimum dimensions as generally
required for a side yard or a rear yard in the district,
determining which shall. apply by the relation of the pardon of
the lot on which the yard is to be locat~a ion anda locatio lof
or lots, with due regard to the on
structures and buildable areas thereon..
Z~26
6194
ARTICLE 4. ESZ'ABLISHP4ENT AND DESIGNATION OF DISTRICTS
SECTION 401 PI.INNING CO ISSION RECD F4ENDATIOaS
It shall be a purpose of the Planning Commission to recommend the
boundaries of the various original districts and appropriate
regulations to be enforced therein . The Planning Commission
shall make a preliminary report and hold public hearings thereon
before submi tting its final report, and the City Council shall
not hold its public hearings or take action until it has received
the final rep ort of the Planning Comm ission.
SECTION 402 DISTRICTS CR TED
For the purpose of this Ordinance there are hereby created the
following types of districts by which the ,jurisdiction area
defined in SECTION 102 shall be divided:
AGG - General Agriculture District
RRE - Rural Residential Estate District
RL - Residential Low Density District
RM - Residential Medium Density District
RML - Multi-Family Low Residential Density
District
RMH - Multi-Family Residential High Density
District
CH - Highway Commercial District
CCB - Central Business District
CN - Neighborhood Commercial District
CL - Limited Commercial
ML -Light Industrial-and Manufacturing
District
MH - Heavy Industrial and~Manufacturing
District
SHM - Special - Mobile Home District
SFP - Special - Flood Plain District
SPD - Special - Planned Development District
SC - Specia-1 - Condominium
SECTION 403 DISTRICT ZONI G MAP
The City is hereby divided into zones or districts, as shown on
the Official Zoning Map which, together with all explanatory
matter thereon, is thereby adopted by reference and declared to
be a part of this Ordinance. The Official Zoning Map shall be
identified by the signature of the Chairman or 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 SECTION 403 of Ordinance No.
1314 of Nebraska," together with the date of the adoption of this
Ordinance.
Z-27
SECTION 404 ZONING MAP CHANGES
If, in accordance with the provisions of this Ordinance changes
are made in the district boundaries or other matter portrayed on
the Official Zoning Map such changes shall be entered on the
Official Zoning Map promptly after the- amendment has been
approved by the City Council with an entry on the Official Zoning
Map the following change(s) were made in the Official Zoning Map:
(brief description of nature of change)", which entry shall be
signed by the Chairman or the Mayor and attested by the City
Clerk.
No changes of any nature shall be made in the Official Zoning Map
or matter shown thereon except in conformity with the procedures
set forth in this Ordinance.
Any unauthorized change of whatever kind by any person or persons
shall be considered a von11602 ~ of this Ordinance and punishable
as provided under Secti
Regardless of the existence of purported copies of the Official
Zoning Map which may, from time to time, be made or published,
the Official Zoning Map which shall be located in the office of
the City Administratorof land a d water lareas~rbuildings~ and
current zoning status
other structures in. the City.
SECTIOPi 40~ RULES FOR IRTFRpRgTATION OF DISTRICT BOUNDARIES
Where uncertainty exists as to the boundaries of districts as
shown on the Official Zoning Map the following rules shall apply:
1. Boundaries indicated as approximately
following_ the center lines of streets,
highways, or alleys shall be construed to
follow such center lines;
2. Boundaries indicated as approximately
following platted lot lines shall be construed
as following such lot lines;
3. Boundaries indicated as approximately
following city limits shall be construed as
following such city limits;
4. Boundaries indicatd as following railroad
lines shall be construed to be midway between
the main tracks;
z-2a
5. Boundaries indicated as following shore
lines shall be construed to folio w such shore
lines, and in the event of change in the shore
line shall be construed as moving with the
actual shore line; boundaries indicated as
approximately following the center line of
streams, rivers, canals, lakes, or other
bodies of water shall be construed to follow
such center lines;
6. Boundaries indicated as parallel to or
extensions of features indicated in subsection
1 through 5 above shall be so construed.
Distances not specifically indicated on the
Official Zoning Map shall be determined by the
scale of the map;
7. 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 by subsections
1 through 6 above, the City Council shall
interpret the district boundaries.
8. Where a district boundary line divides a
lot which was in single ownership at the time
of passage of this Ordinance the City Board of
Zoning Adjustment may permit, as an exception,
the extension of the regulations far either
portia.n of the lot not to exceed fifty (50)
feet beyond the district line into the
remaining portion of the lot.
SECT'I0~ X06 ~HEXATIO RULE
All territory which may hereafter be annexed to the zoning area
shall be in the RL-Residential Low Density District unless
otherwise designated.
Z-29
ARTICLE 5. AG AGRICULTURAL DISTRICTS
The purposes and objectives of the Agricultural Districts are to
preserve land best suited for agriculture from the encroachment
of incompatible uses, to prevent the intrusion of urban
development into agricultural areas which would make agricultural
production uneconomical or impractical, to preserve in
agricultural use land suited to eventual development in other
uses until such time as streets, utilities and other community
facilities may be provided or programmed as to ensure the orderly
and beneficial conversion of these lands to nonagricultural use;
to provide appropriate locations for certain types of
establishments primarily serving agricultural producers; to
permit the application of regulations to major agricultural areas
of the City which will reflect basic physical differences and
attractions among such areas.
SECTION 501 AGG GENERAL AGRICULTURAL DISTRICT
501.01 INTENT: This district is intended primarily for
application to rural areas of the municipality and surrounding
lands, which are generally characterized by extensive or
intensive agricultural uses of land.
501.02 PERMITTED PRINCIPAL USES AND STRUCTURES: The following
shall be percaitted as uses by right.
(1) Any form of agriculture including the raising of crops.,
horticultural uses, animal husbandry, poultry husbandry,.
fisheries, but excluding commercial auction yards and barns and.
feedlots.
(2) Single-family dwellings.
(3) Bulk grain storage both publicly or privately owned or
managed.
(4) Irrigation and flood control projects.
(5) Signs subject to SECTION 1114 of this Ordinance.
(6) Agricultural service establishment primarily engaged in
performing agric~~ltural.
(7) Animal husbandry or horticultural services on a fee or
contract basis including corn shelling, hay baling, and thrashing
services.
(g) Contract sorting, grading, and packing fruits and
vegetables for the grower.
(q) Agricultural product milling and processing.
Z-30
(10) Horticultural services such as plant nurseries, landscape
gardening, landscape contracting.
f
(11) Establishments engaged in performing services such as crop
dusting, fruit picking, grain cleaning, land leveling,
harvesting, and plowing.
(12) Public utility and public service structures including
electric transmission lines and distribution substations, gas
regulator stations, communications equipment buildings, public
service pumping stations, and reservoirs;
(13) Public and quasi-public uses of an educational or religious
type including public and parochial elementary schools, junior
high schools, high schools, and colleges;
(14) Irrigation wells, water retention pits, windbreaks and
silage bunkers.
501.03 PERMITTED ACCESSORX USES AND STRUCTURES: The following
accessory uses and structures shall be permitted.
(1) Accessory uses and structures normally appurtenant to the
permi.t.ted uses. and structures and to uses and structures permit-
ted.as exceptions.
(2 ) Ffo.me: occupations .
(3) Roadside stands for the sale of agricultural produce grown
on the site.
501.04 EXCEPTIONS: After ,the provisions of this Ordinance
relating to exceptions have been fulfilled, the City Council may
germit the following conditional uses as exceptions in the AGG
General Agricultural District in accordance with Article 14 of
this Ordinance.
(1) Airports and heliports including crop dusting strips;
(2) Farm equipment service and repair; veterinary services;
commercial auction yards and barns; bulk storage of petroleum
products for distribution or direct sales to agricultural
consumers;
(3) Gun club:;; guest ranches; drive-in theaters; racetracks or
strips used for the racing of horses, autornobiles or rnotorcycles;
stadiums for contests for football, baseball, soccer, track and
field and other sports events, but not including enclosed uses
such as a bowling alley;
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2/13/90
(4) Public and private open recreational facilities, operated
for profit or otherwise, including golf courses, country clubs
and appurtenant pro shops including restaurants and liquor sales,
subject to Section 10-1 of the Blair City Code, golf driving
ranges, archery ranges, swimming pools, riding academies, and
commercial stables, parks, community centers, but not including
enclosed uses such as a bowling alley;
(5) Community facilities and institutions including monasteries,
convents and other religious institutions; public and private
philanthropic and charitable institutions; cemeteries; hospitals,
sanitariums, nursing homes and rest homes; private, noncommercial
clubs and lodges;
(6) Public uses of an administrative, public service or cultural
type including city, county, state or federal administrative
centers and courts, libraries, museums, art galleries, police and
fire stations and other buildings, structures, and facilities;
(7) Penal institutions;
(8) Sewage treatment plants for primary and secondary treatment;
public and private sanitary land fills; gravel plants and asphalt
or concrete batch plants;
(9) Salvage yards;
(10) Rock, sand and gravel extraction and processing sites;
(11) Boarding and training or breeding kennels;
(12) Gas and oil wells;
(13) Agricultural retail and
grocery stores, service stations
of rural areas;
wholesale establishments and
and restaurants for convenience
(14) Radio and television broadcasting studios and transmitting
structures;
t15) Commercial feedlots, as defined in SECTION 303.01, subject
to the Department of Environmental Control's Rules and
Regulations pertaining to Livestock Waste Control, as amended.
(16) One family residences, including mobile homes, for farm
residents adjacent to the principal farm residence for occupation
by relatives of consanguinity and marriage or for farm workers
employed on the premises.
(1?} Family day care home, group day care home, or day care
center.
501.05 CONDITIONS FOR GRANTING EXCEPTIONS: Notwithstanding the
requirements of ARTICLE 14 of this Ordinance, the following
regulations shall apply as minimum requirements. for granting
exceptions in the AGG General Agricultural District.
Z-32
(1) Airport sites shall be so situated that the airport hazard
area defined by the Nebraska Department of Aeronautics shall not
include any existing obstruction regardless of public or private
ownership of the airport.
(2) Any use involving a business, service or process not
completely enclosed in a structure, when located on a site
abutting on or across a street or an alley from any Residential
District, shall be screened by a solid fence or masonry wall or a
compact growth of natural plant materials not less than six (6)
feet in height if the Board finds said use to be unsightly.
(3) No feedlot shall
of an existing res
owner, operator or
residential structure
employee be located
existing feedlot.
be located within one-thousand (1,000) feet
idential structure other than that of the
employee of the feedlot, nor shall a
other than that of the owner, operator, or
within one-thousand (1,000) feet of an
(4) No salvage or wrecking yard shall be located within five-
hundr.ed (500). feet of any public right-of-way or within one
thousand (1,000) feet of any Residential District. Salvage and
wrecking yards shall be screened on all sides by a solid fence or
masonry wall or. a compact growth of natural plant materials not
less. than eight (8) feet in height.
(5) No, irrigation wells, water retention pits, or re-use pits,
or silage bunkers shall be located within thirty (30) feet from
any public right-of-way except that at township, county, state,
or federal road intersections, such wells, pits•,• or bunkers must
be located no. closer than seventy (70) feet from the nearest
inters.ec.tion of the public right-of-way.
(6) No windbreaks consisting of planted trees and/or shrubs
shall be located within thirty (30) feet from any public right-
of-way, except that at township, county, state, or federal road
intersect.ions,. such windbreaks must be located no closer than
seventy (70) feet from the nearest intersection of public right-
of-way.
501.06 PROHIBITED USES AND STRUCTURES: All other uses and
structures which are not specifically permitted or not
permissible as exceptions shall be prohibited from the AGG
General Agricultural, District.
501.07 MINIMUM LOT REQUIREMENTS:
(1) The minimum lot area for single-family dwellings shall be
two (2) acres;
(?) The minimum lot area for uses prescribed as exceptions shall
be ten (10) acres;
(3) The minimum iot width at the front building line shall be
three-hundred (300) feet.
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501.08 MINIMUM XARD REQUIREMENTS:
(1) Front yard: There shall be a minimum front yard of not less
than a depth of one-hundred twenty (120) feet from the center
line of a Federal Aid-Primary or Federal Aid-Secondary designated
street or highway of fifty (50) they streetshor highways there
whichever is greater. On all o
shall be a minimum fcenteralinefofotheestreetnor highwayfornfifty
(90) feet from the
(SO) feet from the property line, whichever is greater; and
further, these yard requirements shall agply to any yard abutting
a public street or highway regardless of the lot being an interi-
or or corner lot.
(2) Rear yard: There shall be a minimum yard of not less than a
depth of fifty (50} feet;
(3) Side yard: Side yards shall not be less than fifteen (15)
feet;
(4) Distance betwesnujeduforrhuman habitationmshallanbe bntnety
principal structure
(90) feet.
501.09 MAXIMUM LOT COVERAGE: No limitation.
501.10 MAXIMUM .HEIGHT: No limitation.
501.11 SIGN REGULATIONS: All signs shall be in conformance with
the regulations provided herein and with the provisions of
SECTION 1111 of this Ordinance.
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~. ARTICLE 6. RESERVED
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ARTICLE 7 R RESIDENTIAL DISTRICTS
The purposes and objectives of the Residential Districts are to
preserve and protect areas in the City which by their location,
proximity to other land uses, the character of the nat-oral
environment, and accessibility to public services and facilities
exhibit a high potential as living areas for the people. The
regulations are intended to preserve the q~~ality and character of
exisiting residential neighborhoods, as well as encourage
continuing maintenance and rehabilitation by insuring that
incompatible uses of the land will not encroach upon the
residential areas.
SECTION 701 RRE RURAL RESIDENTIAL ESTATE DISTRICT
701.01 INTENT: This district is intended primarily for
application to subdivision of land in agricultural and scenic
areas to: (a) permit the opportunity of developing estate-type
lots which, because of their size, cannot be economically
accomodated within urban areas; and (b) to encourage the
provision of estate-type lots as a subdivision of land which will
assure the provisions of at least those minimum physical
improvements necessary to protect the health, safety and general
welfare of people living on estate-type lots or parcels.
701.02 PERMITTED PRINCIPAL USES AND STRUCTURES: The following
shall be permitted as uses by right:
(1) Single-family dwellings; _.
(2) Raising of fruit and nut trees, vegetables and hortic~alt-oral
specialties;
(3) Breeding, hatching, raising and fattening birds, rab-bits,
chinchillas, hamsters, or other small animals and fowl on a
domestic and noncommercial basis, provided that no structure
ho~ising poultry or small animals shall be closer than fifty (50)
feet to any property line, or closer than twenty-five (25) feet
to any dwelling on the site.
(4) The raising or keeping of horses, provided that not more
than two (2) animals and their immature offspring for each area
used for such purposes shall be permitted, and further provided
that no stable shall be located closer than fifty (50) feet to
any dwelling on the site.
(5) Public and private playgrounds, parks, community centers and
other recreational facilities for communal ease on an exclusive
noncommercial basis.
(6) Electrical distribution substations, gas regulator stations, ^-
communications equipment buildings.
Z-36
(7) Public service pumping stations and/or elevated pressure
tan4cs .
701.03 PERMITTED ACCESSORY USES AND STRUCTURES: Accessary uses
and structure normally appurtenant to the permitted uses and
structures and to uses and structures permitted as exceptions
shall be permitted.
701.04 EXCEPTIONS: After the provisions of this Ordinance
relating to exceptions have been fulfilled, the City Council may
permit the following conditional uses as exceptions in the RRE
Rural Residential Estate District in accordance with ARTICLE 14
of this Ordinance.
(1) Home occupations.
(2) Temporary subdivision sales offices and signs and model home
display areas.
(3) Signs subject to SECTION 1114 of this Ordinance.
(4) Family day care home, group day care home, and day care
center.
701.05. CONDITIONS FOR GRANTING EXCEPTIONS: The requirements of
ARTICLE•14 of this Ordinance shall apply as minimum requirements
for granting exceptions in the RRE Rural Residential Estate
District..
701.06 PROHIBITED USES AND STRUCTURES: All other uses and
structures, which. are not specifically permitted or not
permissible as exceptions shall be prohibited from the RRE Rural
Residential Estate District.
701.07 MINIMUM LOT REQUIREMENTS:
(1) The minimum lot area shall be thirty-thousand (30,000)
square feet.
(2) Each lot _s hall have not less than eighty (80) feet of
frontage, when a lot fronts on a cul-de-sac or loop street, where
there are curbs and gutters and shall have not less than one
hundred (100) feet of frontage where there are not curbs and
gutters.
(3) The minimum width of each lot shall be one hundred (100)
feet.
(4) Each lot sh311 have a depth of not-less than one hundred
fifty (150) feet.
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6/91
701.08 MINIMUM YARD REQUIREMENTS:
(1) Front yard: There shall be a minimum front yard of not less
than a depth of one-hundred. (100) feet from: the center line of -,
Federal Aid-Primary or Federal Aid-Secondary designated street or
highway or thirty-five (35) feet from the property line,
whichever is greater. On all other streets or highways there
shall be a minimum front yard of not less than a depth of twenty-
five (25) feet from the property line where there are curbs and
gutters and thirty-five (35) feet from the property line where
there are no-curbs and gutters. These yard requizements shall
apply to any yard abutting a Federal Aid-Primary or a Federal
Aid-Secondary designated street or highway regardless:of the lot
being an interior or corner lot.
(2) Rear yard: The minimum rear yard of a principal structure
and its accessory structures shall be twenty-five (25) feet.
(3) Side yards: The minimum side yards of a principal structure
and its accessory structures shall be ten (ZO) feet except as may
be permitted in Section 1103 hereof.
(4) Distance between structures: The minimum distances between _
a single-family dwelling and another structure shall be ten (1,0) ,
feet.
701.09 MAXIMUM LOT COVERAGE: The maximum lot coverage shall not.
exceed thirty (30) percent of the total lot area.
701.10 MAXIMUM HEIGHT: The height of all structures shall not __
exceed thirty-five (35) feet subject to the provisions of SECTION
1105 of this Ordinance.
701.11 SIGN REGULATIONS: All signs shall be in conformance with
the regulations provided herein and with the provisions of
SECTION 1114 of this Ordinance.
Z-38
SECTION 70Z RL RESIDENTIAL LOW DENSITY DISTRICT
?02.01 INTENT: This district is intended primarily to provide
living areas within the City where development is limited to low
density concentrations of one-family dwellings where regulations
are designed to accomplish the following: To promote and
encou-rage a suitable environment for family life; to provide
space for community facilities needed to complement urban
residential areas and for institutions which require a
residential environment; to minimize trafflc congestion and to
avoid the overloading of a utilities and public facilities
designed to service only one-family residential. uses in accord
with standards of the comprehensive plan.
702.OZ PERMITTED PRINCIPAL USES AND STRUCTURES: The following
shall be permitted as uses by right:
(1) Single°family dwellings.
7.02.03 PERMITTED ACCESSORY USES AND STRUCTURE°: The following
accessory uses and structures shall be permitted:
{~~_1) Accessor.y. uses and structures normally appurtenant t.o the
permit.Ged uses and structures and to uses and structures
permit.ted.as exceptions.
?02.04: EXCEPTIONS: After the provisions of this Ordinance.
relating to exceptions have been fulfilled, the City Council may
permit the following conditional uses as exceptions in the RL
Residen.tia.l.Low Density District in accordance with ARTICLE 19 of
this Ordinance:
(1) Home occupations and home professional offices, except
barber. and beauty shops;
(2) Public and quasi-public uses of an education, recreational.,
or religious type including public and parochial elementary
schools, junior high schools, high schools and colleges; nursery
schools, private nonprofit schools and colleges; churches,
parsonages, and other religious institutions;
(3) Public and private charitable institutions;
{4) Public uses of an administrative, public service or cultural
type including city, county, state or federal administrative
centers and courts, libraries, museums, art galleries, police and
fire stations and other public buildings, structures, and
facilities;
(5) Cemeteries;
Z-39 6/ 91
(6) Electrical distribution substations, gas regulator stations,
communications equipment buildings, public service pumping
stations, and/or elevated .pressure tanks;
(?) Signs subject to SECTION 1114 of this Ordinance.
(8) Family day care home, group day care home, or day care cen-
ter.
702.OS CONDITIONS FOR GRANTING EXCEPTIONS: The requirements of
ARTICLE 14 of this Ordinance shall apply as minimum requirements
for granting exceptions in the RL Residential Low Density
District.
702.06 PROHIBITED USES AND STRUCTURES: All other uses and
structures which are not specifically permitted or not
permissible as exceptions shall be prohibited from the RL
Residential Low Density District.
?Q2.07 MINIMUM LOT REQUIREMENTS:
(1) The minimum lot area for single family dwellings shall.. be
twelve-thousand (12,000) squaze feet;
(2) Each Iot shall have not less than fifty (50) feet.. of
frontage when a lot fronts on a cul-de-sac or loop street.
(3) The minimum width of each lot shall be eighty (80) feet;
(9) Each lot shall have a depth of not less than one-hundred
(100) feet.
702.08 MINIMUM YARD REQUIREMENTS:
(1) Front yard: There shall be a minimum front yard of not less
than a depth of one-hundred (100) feet from the center line of a
Federal Aid-Primary or Federal Aid-Secondary designated street or
highway or thirty-five (35) feet from the property line,
whichever is greater. On all other streets or highways there
shall be a minimum front yard of not less than a depth of twenty-
five (25) .feet.
(2) Rear yard: The minimum rear yard of a principal structure
and its accessory structure shall be twenty-five (25) feet.
(3) Side yards: The minimum side yards of a principal structure
and its accessory structures shall be nine (9) feet except. as
permitted in Section 1103 hereof.
(4) Distance between structures: The minimum distances between
a single-family dwelling and another structure shall be ten (10)
feet.
--~
Z-40
\~
702.09 MAXIMUM LOT COVERAGE: The maximum lot coverage shall not `
exceed forty (40) percent of the total lot area.
?02.10 MAXIMUM HEIGHT: The height of all structures shall not
exceed thirty-five (35) feet subject to the provisions of SECTION
1105 of this Ordinance.
702.11 SIGN REGULATIONS: All signs shall be in conformance with
the regulations provided herein and with the provisions of
SECTION 1114 of this Ordinance.
SEC'PIOI~ 703 RESID TAT. DI D SITY DISTRICT
703.01 INTENT: This district is intended primarily to provide
living areas within the City where development is limited to
medium density concentrations of one-family dwellings where
regulations are designed to accomplish the following: To promote
and encourage a suitable environment for family life; to provide
space for areas and for institutions which require a residential
environment.; to minimize traffic congestion and to avoid the
overloading of utilities and public facilities designed to
service only one-family residential uses in accord with standards
of `'the-comprehensive plan.
703.02 PERMITTED PRINCIPAL USES AND STRUCTURES: The following
shall be permitted as uses by right:
(1) Single-family dwellings.
703.03 PERMITTED ACCESSORY USES AND STRUCTURES: The following
accessory uses and structure shall be permitted:
(1) Accessory uses and structures normally appurtenant to the
permitted uses and structures and to uses and structures
permitted as' exceptions.
703.04 EXCEPTIONS: After the provisions of this Ordinance
relating to exceptions. have been fulfilled, the City Council may
permit the following conditional uses as exceptions in the RM
Residential Medium Density District in accordance with ARTICLE 14
of this Ordinance.
(1) Home occupations and home professional offices.
(2) Public and quasi-public uses of an educational, recreational
or religious type including public and parochial elementary
schools, junior high schools; high schools and colleges;
churches, nursery schools; private nonprofit schools and
colleges; parsonages, and other religious institutions, public
parks, public playgrounds;
Z-41
3/94
(3) Public and private charitable institutions;
(4) Public uses of an administrative, public service or cultural
type including city, county, state or f ederal administrative ,'
centers and courts, libraries, museums, art galleries, police and
fire stations and other public buildings, structures, and facili-
ties;
(5) Cemeteries;
(6) Electrical distribution substations, gas regulator stations,
communications equipment buildings, public service pumping
stations, and/or elevated pressure tanks;
(7) Convalescent, nursing and rest homes;
(8) Hospitals, medical and dental clinics and other medical and
health facilities;
(9) Two family dwellings;
(10) Attached single family dwellings;
(11) Residential. condominiums with two (2) living units pursuant
to Section 1116.
(12) Bicycle sales and repair shops;
(13) Signs subject to SECTION 1114 of this Ordinance.
(14) Family day care home, group day care home, or day care cen-
ter.
(15) Funeral homes and funeral chapels.
703.05 CONDITIONS FOR GRANTING EXCEPTIONS: The requirements. of -
ARTICLE 14 of this Ordinance shall apply as minimum requirements
for granting exceptions in the RM Residential Medium Density
District.
703.06 PROHIBITED USES AND STRUCTURES: All other uses and -
structures which are not specifically permitted or~not
permissible as exceptions shall be prohibited from th.e RM -
Residential Medium Density District.
703.07 MINIMUM LOT REQUIREMENTS:
(1) The minimum lot area for single-family dwellings shall be
seven thousand two-hundred (7,200) square feet; the minimum lot
area for two family dwellings and attached single family dwell-
ings shall be twelve thousand (12,000) square feet and the mini-
mum Iot area per dwelling unit shall be six thousand (6,000)
square feet.
(2 ) Each lot shall have not less than forty ( 40 ) feet of fron-
tage when a lot fronts on a cul-de-sac or loop street except any
lot with a two family dwelling or attached single family .dwelling
shall have not less than sixty ( 60 ) feet. of frontage when a lot
fronts on a cul-de-sac or loop street.
(3 ) The minimum width of each lot shall be seventy ( 70 ) f eet
provided, however, the minimum lot requirement shall not apply to
individual dwelling units of attached single family dwellings.
(4) Each lot shall have a depth of not less than ninety (90)
feet.
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3/94
703.08 MINIMUM YARD REQUIREMENTS:
(1) Front yard: There shall be a minimum front yard of not less
than a depth of one-hundred (100) feet from the center line of a
Federal Aid-Primary or Federal Aid-Secondary designated street or
highway or thirty-five (35) feet from the property line,
whichever is greater. On all other streets or highways there
shall be a minimum front yard of not less than a depth of twenty-
five (25) feet from the property line.
(2) Rear yard: The minimum rear yard of a principal structure
and its accessory structures shall be twenty-five (25) feet.
(3) Side yards: The minimum side yards of a principal structure
and its accessory structures shall be seven (7) feet except as
may be permitted in Section 1103 hereof.
a. Attached or detached garages or carports fronting on the side
yard of a corner lot shall be set back a minimum of twenty ( 20 )
feet from the property Line on a straight driveway approach or
fifteen (15) feet from the property line where the garage opening
is perpendicular to the property line requiring a curved driveway
approach.
b.° The side yard requirements as set forth herein shall not
apply to the common fire walls and the line thereof extended to
the front and rear property lines. of attached single family
dwellings or town houses.
(4) Distance. between structures: The minimum distances between
a residential structure and another structure shall be ten (10)
feet. Each unit of an attached single family dwelling shall not
be cons.ider.ed a separate structure for the purpose of this sec-
tion.
703.09 MP,XIMUM LOT COVERAGE: The maximum lot coverage shall not
exceed forty (40) percent of the total lot area.
703.10 A3AXIMUM. HEIGHT: The height of all structures shall not
exceed thirty-five (35) feet subject to the provisions of SECTION
1105 of. this. Ordinance.
703`.11 SIGN. REGULATIONS: All signs shall be in conformance with
the regulations.provided herein and with the provisions of
SECTION 1114 of this Ordinance.
SECTION 704 - TI-F IJY RESID IAL LO D STTY DISTRICT
704.01 INTENT: This district is intended primarily to provide
living areas within the City where development is limited to low
density concentrations of multiple-f amity dwellings and single
family dwellings which are compatible in character and density
with the multiple-family residential environment where
regulations are designed to accomplish the following: To promote
and encourage a suitable environment for family life; to provide
space for community facilities needed to compliment urban
residential areas and for institutions which require a
residential environment; to minimize traffic congestion and to
avoid the overloading of utilities and public facilities designed
to service only residential and residential service uses in
accord with standards of the comprehensive plan.
Z-43
3/94
704.02 PERMITTED PRINCIPAL USES AND STRUCTURES; The following
shall be permitted as uses by right; ~ ,~
(1) Single family dwellings;
(2) Two family dwellings;
(3) Attached single family dwellings;
(4) Residential condominiums with two (2) living units pursuant
to Section 1116;
(5) Churches, parsonages, and other religious institutions;
(6) Public parks, public playgrounds.
704.03 PERMITTED ACCESSORY USES AND STRUCTURES: The following
accessory uses and structures shall be permitted.
(1) Accessory uses and structures normally appurtenant to the
permitted uses and structures and to uses and structures
permitted as exceptions.
704.04 EXCEPTIONS: After the provisions of this Ordinance
relating to exceptions have been fulfilled the City Council may
permit the following conditional uses as exceptions in the RML
Multi-Family Residential Low Density District in accordance with
ARTICLE 14 of this Ordinance:
(1) Home occupations and home professional offices; -
(2) Public and quasi-public uses of an educational, recreational
or religious type including public and parochial elementary
schools, junior high schools, high schools and colleges; nursery
schools; private nonprofit schools. and colleges.
(3} Public and private charitable institutions;
(4) Public uses of an administrative, public service or cultural
type including city, county, state or federal administrative
centers and courts, libraries, museums, art galleries, police and
fire stations and other public buildings, structures and
facilities;
(5) Cemeteries;
(6) Electrical distribution substations, gas regulator stations,
communications equipment buildings, public service pumping
stations, and/or elevated pressure tanks;
(7) Convalescent, nursing and rest homes;
(8) Hospitals, medical and dental clinics and other medical and
health facilities;
(9 ) Professional offices ;
(10) Funeral homes and funeral chapels;
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3/94
(11) Mobile home parks under prescribed conditions of SECTION
1112.02 of this Ordinance;
(12) Signs subject to SECTION 1114 of .this Ordinance;
(13) Multi-family dwellings, to a maximum of six units.
(14) Residential condominiums, to a maximum of six (6) living
units pursuant to Section 1116.
(15) Family day care home, group day care home, or day care
center.
704.05 CONDITIONS FOR GRANTING EXCEPTIONS: The requirements
of ARTICLE 14 of this Ordinance shall apply as minimum
requirements for granting exceptions in the RML Multi-family
Residential Low Density District.
704.06 PROHIBITED USES AND STRUCTURES: All other uses and
structures which are not specifically permitted or not
permissible as exceptions shall be prohibited from the RML Multi-
family Residential Low Density District.
704.07 MINIMUM LOT REQUIREMENTS:
(1) The minimum lot area for single-family dwellings shall be
six thousand (6,000) square. feet;
(2) The minimum lot area for two family, attached single family
dwellings, and multiple family dwellings shall be eight thousand
(8,000). square feet, the minimum lot area per dwelling unit shall
b.e four thousand (4,000) square .feet;
(3) Each lot shall have not less than forty (40) feet of
frontage when a lot. fronts on a cul-de-sac or loop street except
any lot. with a two family dwelling or attached single family
dwelling shall have not less than sixty (60) feet of frontage
when a lot. fronts on a cul-de-sac or loop street;
(4 ) The minimum width of each lot shall be sixty ( 60 ) feet pro-
vided, however, the minimum width requirement shall not apply to
individual dwelling units of attached single famaily dwellings.
(5 ) Each lot shall have a depth of not less than eighty ( 80 )
feet.
704.08 MINIMUM YARD REQUI TS:
(1) Front yard: There shall be a minimum front yard of not less
than a depth of one-hundred (100) feet from the center line of a
Federal Aid-Primary or Federal Aid-Secondary designated street or
highway or thirty-five (35} feet from the property line,
whichever is greater. On all other streets or highways there
shall be a minimum front yard of not less than a depth of twenty
(20) feet from the property line.
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3/9%+
(2) Rear yard: The minimum rear yard of a permitted use and its
accessories shall be ten (10) feet, provided, however, if the
permitted use is other than a single family dwelling and the site
abuts a residential, district without separation by an alley, the
minimum rear yard shall be fifteen (15) feet. Where the rear of
the site abuts an alley right of way, the rear yard may be de-
creased one (1) foot for each two (2) feet of such alley right of
way.
(3) Side yards: The minimum side yards o feet exce t as ma abe
its accessory structures shall be seven (7) p y
permitted in Section 1103 hereof.
a. On the street side of a corner lot, side yards shall not be
less than ten (10) feet.
b. A side yard providing access to more than one dwelling unit
shall be not less than ten (20) feet.
c. The minimum side yard shall be nine ( 9 ) feet for any site
adjacent to a RL - Residential Low Density District.
d. Attached or detached garages or carports fronting on the side
yard of a corner lot shall be set back a minimum of twenty ( 20 )
feet from the property line on a straight driveway approach of
fifteen (15) feet from the property line where the garage opening
is perpendicular to the property line requiring a curved driveway
approach.
e. The side yard requirements as set forth herein shall not
apply to the common fire walls and the line thereof extended to
the front and rear property lines of attached single family
dwellings.
(4) Distance between structures: The minimum distances between
a residential structure and another structure shall be ten (10)
feet. Each unit of an attached ure for the purposelof this~sec~
be considered a separate struct
Lion.
704.09 MAXIMUM LOT COVERAGE: The maximum lot coverage shall not
exceed forty (40~ percent of the total lot area.
704.10 MAXIMUM HEIGHT: The height of all structures shall not
exceed thirty-five (35) feet subject to the provisions of SECTION
1105 of this Ordinance.
704.11 SIGN REGULATIONS: All signs shall be in conformance with
the regulations provided herein and with the provisions of SEC-
TION 1114 of this Ordinance.
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SECTION 705 TI-F ILY RESIDENTTAT• HIGH DENSITY DISTRICT
705.01 INTENT: This district is intended primarily to provide
living areas within the City where development is limited to high
density concentrations or multiple-family dwellings and single
family dwellings which are compatible in character and density
with the multiple-family residential environment where
regulations are designed to accomplish the following; to promote
and encourage a suitable environment for family life; to provide
space for community facilities needed to compliment urban
residential areas and for institutions which require a
residential environment; to minimize traffic congestion and to
avoid the overloading of utilities and public facilities designed
to service only residential and residential service uses in
accord with standards of the comprehensive plan.
705.02 PERMITTED PRINCIPAL USES AND STRUCTURES: The following
shall be permitted as uses by right.
(1) Two family dwellings;
(2) Multiple-family dwellings;
(3) "Single-family dwellings;
(4) 'Attached single family dwellings;
(5) Residential condominiums pursuant to Section 1116.
705.03. PERMITTED ACCESSORY USES AND STRUCTURES: The following
accessory uses and structures shall be permitted:
(1) Accessory uses and structures normally appurtenant to the
permitted uses. and structures and to uses and structures
permitted as exceptions.
705.04 EXCEPTIONS: After the provisions of this Ordinance
relating to exceptions have been fulfilled, the City Council may
permit the following conditional uses as exceptions in the RMH
Multi-Family Residential High Density District in accordance with
ARTICLE 14 'of this Ordinance:
(1) Home occupations and home professional offices;
(2) Public and quasi-public uses of an educational, recreational
or religious type including public and parochial elementary
schools, junior hagh schools and colleges; nursery schools;
private and nonprofit schools and colleges; churches, parsonages,
and other religious institutions; public parks, public
.playgrounds;
(3) Public and private charitable institutions;
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(4) Public uses of an administrative, public service or cultural
type including city, county, state or federal administrative
centers and courts, libraries, museums, art galleries, police and
fire stations and other public buildings, structures and
facilities;
(5) Cemeteries;
(6) Electrical distribution substations, gas regulator stations,
communications equipment buildings, public service pumping sta-
tions, and/or elevated pressure tanks;
(7) Convalescent, nursing and rest homes;
(8) Boarding and rooming houses;
(9) Hospitals, medical and dental clinics and other medical and
health facilities;
(10) Professional offices;
(11) Funeral homes and funeral chapels;
(12) Mobile home parks under prescribed conditions of SECTION
1112.02 of this Ordinance;
(13) Signs subject to SECTION 1114 of this Ordinance.
(14) Family day care home, group day care home, or day care
center.
705.05 CONDITIONS FOR GRANTING EXCEPTIONS: The requirements of
ARTICLE 14 of this Ordinance shall apply as minimum requirements
for granting exceptions in the RMH Multi-Family Residential High
Density District.
705.06 PROHIBITED USES AND STRUCTURES: All other uses and
structures which are not specifically permitted or .not
permissible as exceptions shall be prohibited from the RMH Multi-
fami]:y Residential High Density District.
705.07 MINIMUM LOT REQUIREMENTS:
(1) The minimum lot area for single-family dwellings shall. be
five thousand (5,000) square feet;
(2} The minimum lot area for two family dwellings, attached
single family dwellings, and multiple family dwellings shall be
three thousand (3,000) square feet per dwelling unit; for multi-
ple family dwellings containing more than six (6) dwelling units,
there shall be one thousand five-hundred (1,500) square feet per
dwelling unit.
(3) Each lot shall have not less than forty (40) feet of
frontage when a lot fronts on a cul-de-sac or loop street.
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(4) The minimum width of each lot shall be sixty (60) feet.
(5) Each lot shall have a depth of not less -than eighty ($0~
feet.
705.08 MINIMUM YARD REQUIREMENTS:
(1) Front yard: There shall be a minimum front yard of not less
than a depth of one hundred (100) feet from the center line of a
Federal Aid-Primary or Federal Aid°Secondary designated street or
highway or thirty-five ( 35 ) feet from the property line,
whichever is greater. On all other streets or highways there
shall be a minimum front yard of not less than a depth of fifteen
(15) feet from the property line.
(2) Rear yard: The minimum rear yard of a permitted use and its
accessories shall be ten (10) feet, provided, however, if the
permitted use is other than a single family dwelling and the site
abuts a residential district without separation by an alley, the
minimum rear yard shall be fifteen (15} feet. Where the rear of
the site. abuts an alley right of way, the rear yard may be de-
creased one (1) foot for each two ( 2 ) feet of such a ley right of
way.
(3) Side-yards: The minimum side yards of a permitted use and
its accessory structures shall be seven (7) feet except as may be
permited in Section 1103 hereof.
a. On the street side of a corner Iot, side yards shall not be
less than ten (10} feet.
b. A side yard providing access to more than one dwelling unit
shall be not less than- ten (10) feet.
c. The minimum side yard shall be nine (9) feet for any site
adjacent to a RL - Residential Low Density District.
d. Attached or. detached garages or carports fronting on the side
yard of a corner lot shall be set back a minimum of .twenty ( 20 )
feet from the property line on a straight driveway approach or
fifteen (15) feet from the property line where the garage opening
is perpendicular-to the property line requiring a curved driveway
approach.
e. The side yard requirements as set forth herein shall not
apply to the common fire walls and the line thereof extended to
the front and rear property lines of attached single family
dwellings.
(4) Distance between structures: The minimum distances between
a residential structure and another structure shall be ten (10)
feet. Each unit of an attached single family dwelling shall not
be considered a separate structure for the purpose of this sec-
tion.
705.09 MAXI LOT COVERAGE: The maximum lot coverage shall not
exceed seventy (70) percent of the total lot area.
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705.10 MAXIMUM HEIGHT: The maximum height of a permitted use ..~
and its accessory structures shall be thirty-five (35) feet. ~
705.11 SIGN REGULATIONS: All signs shall be in conformance with
the regulations provided herein and with the provisions of
SECTION 1114 of this ordinance,
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ARTICLE 8 C BUSINESS CO CIAL DISTRICTS
The several classes of business and commercial districts included
in this Ordinance are designed to provide the opportunity for the
various types of retail stores, offices, service establishments
and wholesale business to concentrate for the convenience of the
public; to be established in such relationships to each other as
to be mutually beneficial; and to be located and grouped on sites
that are in logical proximity to the respective geographical
areas and respective categories of patrons which they serve.
SECTION 80i CN HIG 2iY C CIAI. DISTRICT
801.01 INTENT: The CH Highway Commercial District is intended
primarily for application to areas along major highway entrances
to a community in accord with policies of the comprehensive plan
where controlled access to the highway is afforded for the con-
venience of patrons traveling the highway.
801.02 PERMITTED PRINCIPAL USES AND STRUCTURES: The following
shall be permitted: as uses by right:
(1) Establishments which provide services or supply commodities
primarily for t~he~ convenience of patrons traveling on state
highways and major county road entrances to the community
including:
Auditorium, exhibition hall, club
Athletic complexes and health centers
Bars, cocktail lounges or nightclubs
Bowling alley
Bus depots and transit stations
Busihess and professional offices: and buildings
Car sales, bath new and used with full service and repairs
Car wash
Dry cleaning and. laundry
Farm implement and farm machinery fabrication, sales and service
Farm equi.pment~-and: supplies, sales and service
Furniture stores
Garden and lawn supplies stores, nurseries and greenhouses
Hotels and motels
Ice cream and confectionery stores
Lumber and building materials
Mini storage units
Mobile home sales
Public utility structures, services and facilities
Recreational vehicle sales and service and rentals
Rental and lease establishments, inside storage only
Repair garages
Restaurants, including drive-in restaurants
Service stations (gasoline) including dispension of diesel fuel
and complete truck service
Soda fountains
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(2) Any principal permitted use in the CCB - Central Business
District as specified in Section 802.02 if the total structure or
building contains principal uses and structures specified in
Section 802.02 and such building or structure contains 7,500
square feet or more.
(3) Signs subject to SECTION 1114 of this Ordinance.
(4) Road side rest areas.
801.03 PERMITTED ACCESS ures shallNbe permitt d• The following
accessory uses and struct urtenant to the
(1) Accessory uses and structures normally app
permitted uses and structures shall be permitted including the
following:
(2 ) Offices and retai 1 stores incidental to and on the same
site with a highway commercial establishment prescribed in
SECTION 801.02 of this Ordinance.
801.04 EXCEPTIONS: After the provisions of this Ordinance
relating to exceptions have been fulfilled, the City. Council may
permit the following conditional uses as exceptions in the CH
Highway Commercial District in accordance with ARTICLE 14 of this
ordinance.
(1) Amusement parks; carnivals, circuses, outdoor festivals-;and
drive-in theaters; golf
other transient amusement enterprises;
driving ranges; pony rings; and skating rinks;
(2) Churches and other religious institutions;
(3) Private ,clubs and lodges;
(4) Public buildings and grounds;
(5) Go-Cart race tracks.
(6) Overnight recreational vehicle parking areas limited to six
spaces in conjunction with another permitted use.
(7) Multi-family dwellings.
(8) Family day care home, group day care home, or day care
center.
(9) Antennas and transmitting structures.
(10) Any principal permitted use in the CCB - Central Business
District as specified in Section 802.02 if the total structure or
building contains principal uses and structures specified in
Section 802.02 and such building or structure contains less than
7,500 square feet.
801.05 CONDITIONS FOR GRANTING EXCEPTIONS: Notwithstanding the
requirements of ARTICLE 14 of this Ordinance shall apply as
minimum requirements for granting exceptions in the CH Highway
Commercial District.
(1) Where a site adjoins or is located across an alley from any
R Residential District, a solid wall or fence, vine covered open
fence or compact evergreen hedge six (6) feet in height shall be
located on the property line common to such districts, except in
a required front yard.
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(2) Open storage of materials attendant to a permitted use or
conditional use shall be permitted only within an area surrounded
or screened by a solid wall or fence six (6) feet in height,
provided that no materials or equipment shall be stored to a
height greater than that of the wall or fence.
(3) No use shall be permitted and no process, equipment or
materials shall be used which are found by the Board to be objec-
tionable to persons living or working in the vicinity by reasons
or odor, fumes, dust, smoke, cinders, dirt, refuse, water-carried
waste, noise, vibrations, illumination, glare or unsightliness or
to involve any hazard of fire or explosion.
801.06 PROHIBITED USES AND STRUCTURES: All other uses and
structures which are not specifically permitted or not permissi-
ble as exceptions shall be prohibited from the CH Highway Commis-
sion District.
801.07 MINIMUM LOT REQUIREMENTS: The minimum lot areas shall be
eight thousand (8,000) square feet.
801..08 MINIMUM YARD REQUIREMENTS:
(1) Front yard: There shall be a minimum front yard of not less
than. a depth of one hundred (100) feet from the center line of.a
Federal.Aid-Primary or Federal Aid-Secondary designated street or
highway or thirty-five (35) feet from the property line,,whichev-
er is greater.. On all other streets or highways there shall be a
minimum ~ front yard of not' less than a depth of fifteen (15 ) feet
from the property line where there are curbs and gutters and
thirty (30l feet from the property line where there. are no curbs
and. gutters, provided that where a lot is abutting on property in
any R Residential be a. minimum front yard of twenty (20) feet.
These yard requirements shall apply to any yard abutting a Feder®
al Aid-Primary or Federal Aid-Secondary designated street or
highway regardless of the lot being an interior or corner lot.
(2) Rear yard: The' minimum rear yard abutting an R Residential
District(s) shall be ten (10) feet.
(3) Side yard:: The minimum side. yard abutting an R Residential
District(s) shall be ten (10) feet.
(4) Distance between structures: The minimum distances between
a residential or other principal structure and another structure
shall be ten (10) feet.
(5) Additional set back requirements for multi-family dwellings:
In addition to all other minimum rear, side, and front yard
requirements herein, there shall be a minimum set back require-
ment of one hundred twenty (120) feet from the property line
bordering on any .street or highway for any multi-family dwelling
unit which has been allowed pursuant to Section 801.04 herein.
(6) An additional set back requirement to all other minimum
rear, side, and front yard requirements for antennas and trans-
mitting structures shall be a minimum set back requirement equal
to the height of said antenna or transmitting structure. Addi-
tionally no antenna or transmitting structure shall be located
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within a distance equal to the height of the tower of any utility
transmission lines serving the premises other than lines exclu-
sively serving the premises upon which the tower is located.
801.09 MAXIMUM LOT COVERAGE: No limitations.
801.10 MAXIMUM HEIGHT: No structure shall exceed thirty-five
(35) feet except an antenna or transmitting structure.
801.11 SIGN REGULATIONS: All signs shall be in conformance with
the regulations provided herein and with the provisions of
SECTION 1114 of this Ordinance.
801.12 REPAIR GARAGE REQUIREMENT. In addition to all other
restrictions and requirements as provided herein, in the
circumstance of a repair garage, all vehicles or motorized
equipment awaiting repair, under repair, and all parts and
materials shall be screened on all sides by a solid fence or
a masonry wall or compact growth or natural plant materials
not less than eight feet in height. Such screened area
shall be limited to an area behind the rear line of any
building or structure used as a repair garage on the prem-
ises.
801.13 SCREENING REQUIREMENTS. Screening pursuant to this sec-
tion shall be required between the CH - Highway Commercial Dis-
trict and any residential district except when there is a dis-
tance of not less than two hundred feet (200') from any residen-
tial structure in the residential district and any building,
parking area, or any other construction or improvement except
landscaping in the CH - Highway Commercial District. Screening
pursuant to this section shall be required only at such time a
building permit is obtained for improvements in the CH - Highway
Commercial District, and the value of the improvements on listed
on said building permit is equal to or greater than 20~ of the
assessed valuation. of the CH - Highway Commercial property being
so improved.
(1) The screening shall consist of a solid or semi solid fence or
wall at least six (6) feet in height or hedges, shrubs, trees, or
dense,
other living landscape which effectively provides a solid,
and opaque mass, and shall be not less than six (6) feet in
height or by planting vegetation which shalearsach a height of
not less than six (6) feet within three (3) y
(2) Said screening requirements shall not be required if there
preexists on the adjacent residential property screening which
complies with the requirements of this section. In the event
said screen is removed from the residential property, the screen-
ing on the CH - Highway Commercial property shall be installed
within sixty (60) days of the removal of the screening on the
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property in the residential district. The CH - Highway Commer-
cial property shall forthwith install the screen as would have
been required at the time of construction.
(3) Said screening shall not be required where the CH _ Highway
Commercial District and residential district are divided by a
street or alley with a right of way not less than fifty (50) feet
in width.
(4) Said screening requirement shall not be required where the
wall of any building is not greater than five (5) feet from the
set back requirement within the CH -Highway Commercial District,
and there are no windows or other openings except for doors for
emergency purposes only.
(5) In the event hedges, shrubs, trees or other living land-
scape is used f or the screening one (1) break or opening in the
screen not more than twenty (20) feet in width shall be permitted
per business or use within the CH - Highway Commercial District
unless the business or use has direct alley access from the
business property without such break.
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'-'~ SECTION 802 CCB CENTRAL BUSIAiESS DISTRICT
~-- 802.01 INTENT: The intent of the CCB Central Business District
is to provide a com mercial~~area for those establishments.serving
the general shopping needs of the trade area and in particular,
those establishments customarily oriented to the pedestrian
shopper. ~ The grouping of uses is intended to strengthen the
~c~entral business area as the urban center of tracts, service,
governmental and cultural activities.
802.02 PERMITTED PRINCIPI~L USES AND STRUCTURES: .The following
shall be .permitted as uses by right:
(1) Business offices;
(2) Professional offices;
(3) Retail stores and service establishments which supply
cvmcnodities o!- provide services primarily to meet the needs of
residents of'thn~trade area including:
..,
1
that buses or other
on the site and no
be conducted on the
colleges
Camera shops, photographic supplies and photography studios
Candy, nut and confectionery stores
Catering shops
Barbershop and beauty shops
Bars, cocktail Lounges and nightclubs
Bicycle shops;
Billiard and pool halls
Blueprint and photostat shops
Boat sales and service
Bookstores and rental libraries
Bowling alleys
Bus depots and transit stationso provided
transit vehicles shall not be stores
repair cork or servicing of vehicles
site
Business, professional and trade schools and
Cafeterias
Automobile,,. farm implement, motorcycle and boat sales rooms
Automobile, and farm implement parts sales (new)
Automobile supply store
Bakery good stores (retail)
Ba-nks, including drive®in banks, and other lending agencies
Addressogrnp~f~ service
Apparel ~store~ ~~
Art and antique stores
Art and craft schools and colleges
Art galleries
Artists supply stores '
Auction rooms
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~.
P
`~ Christmas tree sales lots
Cleaning and laundry agencies; provided that cleaning and
laundering is not done on the premises
Clinics
Clothing and costume rental establishments
Communications equipment buildings
Dairy products stores
Dance halls '
Department stores
Drugstores
Dry goods stores
Egg and poultry stores (no slaughtering., eviscerating or
plucking)
Electrical appliances and incidental repair shops
Employment agencies
Exterminators
Feed and seed stores, provided that sales and storage are
confined within an enclosed structure
Fire and police stations
Florists
Food lockers (no slaughtering)
Food stores, delicatessens and super markets
Furniture stores:
Furniture warehouses and van services
Garden shops
Garden supply stores and nurseries, provided that all equipment,
- supplies, merchandise and plants, shall be kept within a
completely enclosed building provided that fertilizer of any
type shall be stored and sold in packaged form only.
Gift, novelty or souvenir shops
Gunsmith shops
Hand Laundries
Hardware stores '
Health foods stores
Hobby and art supply stores
Home furnishings
Hotels, motels and apartment hotels
Household appliance and repair .shops
Interior decorating-shops
Jewelry stores, including clock and watch repairing
Leather goods and luggage stares
Libraries
Liquor stores
Locksmiths
Massage and physical culture studios
Medical and orthopedic appliance stores
Medical buildings
Meeting halls
Messenger offices
Millinery shops
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Mortuaries
Music stores
Music and dance studios
Newspaper and printing shops
Newsstands and magazine stores
Office and business machine stores
Offices and office buildings
Optician and optometrist offices
Paint and wallpaper stores
Parcel delivery services
Parking lots and garages •
Pet and bird stores
Photographic supply stores
Photography studios
Picture framing shops
Plumbing, heating and ventilating equipment showrooms with
storage of floor samples only
Post offices
Pressing, altering and repairing of wearing apparel
establishments
Printing shops
Radio and television broadcasting studios
Radio and television stores and repair shops
Reading rooms
Restaurants, tearooms and cafes, including drive-in restaurants,
and outdoor cafes -
Scientific instrument stores
Secondhand stores and pawnshops
Secretarial, services and letter shops
Self-service laundries and cleaning establishments
Shoe repair shops
Shoe stores
Shooting galleries
Sign painting shops
Signs, and outdoor advertising structures in accordance with
provisions of SECTION 1114 of this Ordinance
Skating rinks
Soda fountains
Sporting goods stores, including incidental boat sales
Sports arenas within buildings
Stamp and coin stores
Stationery stores
Storage garages
Tailor and dressmaking shops
Taxidermists
Telephone answering services
Telegraph offices
Theaters and auditoriums
Tobacco stores
Toy stores `~
Travel bureaus
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Upholstery shops
-' Utility pumping stations
Variety stores
Walk-in food dispensaries (only where outdoor benches, tables,
and trash receptacles are provided}
802.03 PERMITTED ACCESSORY USES AND STRUCTURES: The following
accessory uses and structures shall be permitted:
(1) Accessory uses and structures normally appurtenant to the
permitted uses and structures and to uses and structures
permitted as exceptions;
(2) A one-family dwelling over or to the rear of a permitted
use, provided that such dwelling is primarily for the use of the
person owning or operating the commercial use on the site.
802.04 EXCEPTIONS: After the provisions of this Ordinance
relating to exceptions have been fulfilled, the City Council may
permit the following conditional uses as exceptions in the CCB
Central Business District in .accordance with ARTICLE 14 of this
Ordinance.
(1) Service stations (gasoline), excluding automotive repair
services not included in the definition of "Service Station" as
provided by this Ordinance, provided that all operations, except
the sale of gasoline and oil, shall be conducted in a building
enclosed on at least two (2) sides.;
(2) Electrical. distribution substations and gas regulator
stations;
(3) Churches and other religious institutions;
(4) Public parks;
(5) Private clubs and lodges;
(6) Public buildings and grounds;
(7) Single family dwellings;
(8) Multi-family residential uses, provided that such uses shall
be prohibited from occupying the first or ground floor or base-
ment of any struc-tunes.
(9) Other trade and service uses which are similar to the per-
mitted principal uses and which are in harmony with the intent of
this district.
802.05 CONDITIONS FOR GRANTING EXCEPTIONS: Notwithstanding the
requirements of ARTICLE 14 of this Ordinance, the following
regulations shall apply as minimum requirements .for granting
exceptions in the CCB Central Business District:
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(1) Where a site ad~oins or is located across an alley from any ,
R Residential District, a solid wall or fence, vinecovered open
fence or compact evergreen hedge aix (6) feet in height shall be y
located on the property line common to such districts, except in
a required front yard.
(2) Open storage of materials attendant to a permitted use or
conditional use shall be permitted only within an area surrounded
or screened by a solid wall or fence six (6) feet in height,
provided that no materials or equipment shall be stored to a
height greater than that of the wall or fence. ,
(3) All business, services and processes shall be conducted
entirely within a completely enclosed structure, except for off-
street parking and off-street loading areas, gasoline service
stations, outdoor. dining areas, garden shops, Christmas tree ``
~~„';
lots, bus depot and transit stations, electr~ic~~~,~~distribution
substations, automobile sales and trailer house sales.
(4) No use shall be permitted and no process, equipment or
materials shall be used which are found by the Board to be
objectionable to persons living or working in the vicinity by'
reason of odor, fumes, dust, smoke, cinders, dirt, refuse, water-
carried waste, noise, vibrations, illumination, glare; or
unsightliness or to involve any hazard of fire or explosion. _
802.06 PROHIBITED USES AND STRUCTURES: All other uses and
structures which are not specifically permitted or not
permissible as exceptions shall be prohibited from the CCB
Central Business District.
802.0"] MINIMUM LOT REQUIREMENTS: No limitations.
802.08 MINIMUM YARD REQUIREMENTS:
(1) Frant yard: - No
abutting on property
on the same street,
(10) feet.
(2) Rear yard: The
District shall be ten
(3) Side yard: The
District shall be ten
limitations; provided that where a lot is
in any R Residential District and fronting
there shall be a minimum front yard of ten
minimum rear yard abutting an R Residential
(10) feet.
minimum side yard abutting an R Residential
(10) feet.
(4) Distance between structures: The minimum distances between
a residential and another structure shall be ten (10) feet.
802.09 MAXIMUM LOT COVERAGE: No limitations.
--~
802.10 MAXIMUM HEIGHT: No structure shall exceed seventy-five
(75) feet.
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802.11 SIGN REGULATIONS: All signs shall be in conformance with
the regulations provided herein and with the provisions of
SECTION 111u of this Ordinance.
SECTION 803 CN NEIGHBORHOOD COMMERCIAL DISTRICT
803.01 INTENT: The CN Neighborhood Commercial District is
intended primarily for the provision of retail and personal
service facilities to satisfy the convenience-goods needs of the
consumer relatively close to his/her place of residence.
803.02 PERMITTED PRINCIPAL USE AND STRUCTURES: The following
shall be permitted as uses by right:
(1) Business offices
(2) Professional duties
(3) Retail stores and service establishments which supply
commodities or provide services primarily to meet the convenience
needs of: residents of one or more residential neighborhoods,
including:
Apparel stores
Bakery goods. store
Banks, including drive-in banks
Barbershops and:beauty.shops
Bookstores and. rental libraries
Camera shops, photographic supplies and. photography studios
Candy and confectionary stores
Christmas tree sales lots
Cleaning ag.enc.ies (pickup and delivery only)
Dairy product.stores
Drugstores
Dry goods stores
Electrical appliance and incidental repair shops
Florists
Food lockers (no slaughtering)
Food stores, delicatessens, supermarkets
Garden supply stores aDd nurseries provided that all equipment,
supplies and merchandise, other than plants, shall be kept
within completely enclosed buildings or under a lathed
structure, and further provided that fertilizer of any type
shall be stored and sold in packaged form only.
Gift shops
Hardware stores
Hobby and art supply stores
Locksmiths
Newstands and magazine- stores
Pressing, altering and repairing of wearing apparel
Radio and television stores and repair shops
Restaurants, tea rooms and cafes, including outdoor cafes,
including the sale of alcoholic beverages
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Self-service laundries
establishments
Shoe stores
Soda fountains
Stationary stores
Tailors and dressmakers
Variety Mores
and self-service
dry cleaning
(4) Day care centers, day nurseries, and group day. care centers.
(5) Signs in accordance with the provisions of SECTION 1114 of
this Ordinance.
803.03 PERMITTED ACCESSORY USES AND STRUCTURES: The following
accessory uses and structures shall be permitted:
(1) Accessory uses and structures normally appurtenant to the
permitted uses and structures and to uses and structures
permitted as exceptions;
(2) One-family dwellings over or to the rear of a permitted use,
provided that such dwellings are primarily for the use of the
person or persons owning or operating the commercial use on the
same site.
803.04 EXCEPTIONS: After the provisions of this Ordinance
relating to exceptions have been fulfilled, the City Council may
permit the following conditional uses as exceptions in the CN
Neighborhood Commercial District in accordance with ARTICLE 14 of "
this Ordinance:
(1) Service stations (gasoline), excluding automotive repair
services not included in the definition of "Automotive Service
Station" as provided in SECTION 303.01 of this Ordinance,
provided that all operations except the sale of gasoline and oil,
shall be conducted in a building enclosed on at least two (2)
sides.
(2) Electric distribution substations, gas regulator stations,
communications equipment buildings, public service .pumping
stations and/or elevated pressure tanks.
(3) Drive-in restaurants.
(4) Family day care home, group day care home, or day care
center.
803..05 CONDITIONS FOR GRANTING EXCEPTIONS: Notwithstanding the
requirements of ARTICLE 14 of this Ordinance, the regulations
shall apply as minimum requirements for granting exceptions in
the CN Neighborhood Commercial District.
(1) Where a site adjoins or is located across an alley from any
R Residential District, a solid wall or fence, vinecovered open
fence o= compact evergreen hedge six (6) feet in height shall be
located on the property line common to such districts, except in
a required front yard. -~
Z-60
' (2) Open storage of materials attendant to a permitted use or
~ conditional use shall be permitted only within an area surrounded
yr screened by a solid wall or fence six (6) feet in height,
provided that no'materials or equipment shall be stored in a
height greater than that of the wall or fence.
(3) Not less than five (5) feet of a required yard adjoining a
street shall be landscaped and permanently maintained.
(U) All business, services and processes shall be conducted
entirely within a completely enclosed structure, except for off-
street parking and off-street loading areas, gasoline service
stations, outdoor dining areas, nurseries, garden shops,
Christmas tree sales lots, and electric distribution substations.
(5) All products produced on the site of any permitted use shall
be sold primarily at retail on the site where produced.
(6) No use shall be permitted and no process, equipment or
materials shall be used which are found by the Board to be
objectionable to persons living or working in the vicinity by
reasons. of odor, fumes, dust, smoke, cinders, dirt, refuse,
water.-carried waste, noise, vibrations, illumination, glare, or
unsightliness or' to involve any hazard of fire or explosion.
803.06 PROHIBITED USES AND STRUCTURES: All other uses and
structures which are not specifically permitted or not
permissable as exceptions shall be prohibited from the CN
Neighborhood Commercial District.
803.07 MINIMUM LOT REQUIREMENTS: No limitations.
803.08 MINIMUM YARD REQUIREMENTS:
(1) Front yard: There shall be a minimum front yard of not less
than a depth of eighty (80) feet from the center line of a
Federal Aid-Primary or Federal Aid-Secondary designated street o_r
highway or fifteen (15) feet from the property line, whichever is
greater. On all other streets or highways there shall be a
minimum front yard of not less than a depth of fifteen (15) feet
from the property line.
(2) Rear yard: The minimum rear yard abutting an R Residential
District shall be ten (10) feet.
(3) Side yard: The minimum side yard abutting an R Residential
District shall be ten (10} feet.
(U) Distance between structures: The minimum distances between
a residential or other principal structure and another structure
shall be ten (10) feet.
Z-61
803.09 MAXIMUM 70T Ce~entEof the totalulotoareaverage shall not
exceed seventy ( ) P
803.10 MAXIMUM HEIGHT: No structure shall exceed thirty-five
(35) feet in height.
803.11 SIGN REGULATIONa~d Ahereinnsandawithe thecoprovisionswlof
the regulations prove
SECTION 1114 of this Ordinance.
SECTION 804 CL LIMITED COMMERCIAL DISTRICT
rict is
01 INTENT:
804
D
c
i
e
C
T intended
.
ces
Serv
ness
bus
limited
for
a
to provide an are
804.02 PERMITTED PRINCIPAL USES AND STRUCTURES: The following
shall be permitted as uses by righ
(1) Multi-family dwell~.ngs.
ional office buildings, including clinics
f
and doc-
ess
(Z) Pro
tor's buildings.
(3) Commercial office buildings. _
(4) Single-family dwellings.
(5) Two-family dwellings. _
(6) Home occupations.
(7) Day nurseries.
(8) Group day care centers.
The
03 PERMITTED
804
U
S
N
U
O following
.
mitted:
pe
be
shall
ures
struct
accessory uses and
(1) Buildings and uses customarily incidental to the permitted
uses.
(2) Parking lots.
804.04 EXCEPTIONS: After the provisions the Cit1SCoancilamay
relating to exceptions have been fulfilled, y
permit .the followingtroCtlinoaccordanceswitheARTTCLE114 ofethis
Limited Commercial Des
Ordinance:
(1) Barber shops.
(2) Beauty shops.
(3) Mortuary.
(4) Hotel.
(5) Photographer.
_`
.. ;
Z-62
(6) Telephone exchange.
(7) Commercial centers.
(8) Pamily day care home, group day care home, or day care
center.
(9) Mini storage units.
804.05 CONDITIONS FOR GRANTING EXCEPTIONS: Notwithstanding the
requirements of ARTICLE 14 of this Ordinance shall apply as
minimum requirements for granting exceptions in the CL Limited
Commercial District.
(1) Where a site adjoins or is located across an alley from any
R Residential District, a solid wall or fence, vinecovered open
fence or compact evergreen hedge six (6) feet in height shall be
located on the property line common to such districts, except in
a required front yard.
(2) Open storage of materials attendant to a permitted use or
conditional use shall be permitted only within an area surrounded
or screened by a solid wall or fence six (6) feet in height,
provided that no materials or equipment shall be stored to a
height greater than that of the wall or fence.
(3) No use shall be permitted and no process, equipment or
materials shall be used which are found by the Board to be
objectionable to persons living or working in the vicinity. by
reasons of odor, fumes, dust, smoke, cinders, dirt, refuse,
water-carried waste, noise, vibrations, illumination, glare, or
unsightliness or to involve any hazard of fire or explosion.
804.06 PROHIBITED USES AND STRUCTURES: All other uses and
structures which are not specifically permitted or not
permissible as exceptions shall be prohibited from the. CL Limited
Commercial District.
804.07 MINIMUM LOT REQUIREMENTS: No limitations.
804.08 MINIMUM YARD REQUIREMENTS:
(1) Front yard: On all streets or highways there shall be a
minimum front yard of not less than a depth of twenty°five (25)
feet from the property line.
(2) Rear yard: The minimum rear yard abutting an R Residential
District(s) shall be twenty-five (25) feet. No rear yard will be
required where there is a dedicated alley abutting the rear lot
line.
(3) Side yard: The minimum side yard abutting an R Residential
District(s) shall be ten (10) feet. All other side yards shall
be five (5) feet, except street side yards shall be fifteen (15)
feet.
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9/93
(4) Distance between structures: The minimum distances between
a residential or other principal structure and another structure
shall be ten (10) feet.
804.09 MAXIMUM LOT COVERAGE: No limitations.
804.10 MAXIMUM HEIGHT: No structure shall exceed thirty-five
(35) feet.
804.11 SIGN REGULATIONS: All signs shall be in conformance with
the regulations provided herein and with the provisions of
SECTION 1114 of this Ordinance.
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ARTICLE 9. INDUSTRIAL AND FACTORING DISTRICT
The ML Industrial zones are intended to achieve the following
purposes: to reserve appropriate located areas for various types
of industrial plants and related activities; to grotect areas
appropriate for industrial use from intrusion by residences and
other inharmonious uses; to protect residential and commercial
properties and to protect nuisance-free nonhazardous industrial
uses; to provide opportunities for certain types of industrial
plants to concentrate in mutually beneficial relationship to each
other; to provide adequate space to meet the needs of modern
industrial development, including off-street parking and truck
loading areas, and to provide industrial employment opportunities
for residents of the City.
901.02 PERMITTED PRINCIPAL USES AND STRUCTURES: The following
shall be permitted as uses by right:
(1) Wholesale, storage and warehouse uses;
(2) Signs subject to SECTION 1114 of this Ordinance;
(3) Agricultural uses except feedlots;
(4) Automobile service stations;
(5) Printing and publishing businesses;
(6) Truck and freight terminals;
(7) Utility substation, pumping station, and water reservoir;
(8) Gasoline filling station;
(9) Building materials and. fuel yards;
(10) Contractors yards;
(11) Highway maintenance yards or buildings;
(12) Railroad yards;
(13) Repair garage;
(14) Any industrial use which can meet the performance standards
for this district set forth in SECTION 1115.01 of this Ordinance
provided, such is not specifically prohibited.
901.03 PERMITTED ACCESSORY USES AND STRUCTURES: The following
accessory uses and structures shall be permitted:
(1) Accessory uses and structures normally appurtenant to the
permitted uses and structures and to uses and structures permit-
ted as exceptions;
Z-65
3J94
i
(2) Offices, retail stores and watchmen's living quarters inci-
dental to and on the same site with an industrial uses; s.
(3) Medical facilities accessory to an industrial use. -
901.04 EXCEPTIONS: After the provisions of this Ordinance
relating to exceptions have been fulfilled, the City Council may
permit as exceptions any use which is consistent with the intent
of this district and which is not prohibited in accordance with
Article 14 of this Ordinance.
(1) Mobile Homes.
(2) Antennas and transmitting structures.
(3) Rental and Leasing Establishments, Outside and Inside Storage
901.05 CONDITIONS FOR GRANTING EXCEPTIONS: Notwithstanding the
requirements of Article 14 of this Ordinance, the following
regulations shall apply as minimum requirements for granting
exceptions in the ML Light Industrial and Manufacturing District:
(1) All uses shall meet or exceed the performance standards set _
forth in SECTION 1115.01. of this Ordinance.
(2 ) A use not conducted entirely witeet or oal ley if romc an eR
structure, on a site across a str
Residential District, shall be screened by a solid wall or fence,
vine-covered open fence or compact evergreen hedge, not Iess~than
six (6) feet in height.
(3) Where a site adjoins an R Residential District, a solid: wall
or fence, vine-covered open fence or compact evergreen hedge, six
(6) feet in height, shall be located on the property line except
in a required front yard.
(4) The storage above ground or Belo or rnoxious nature sha111not
products or chemicals of a flammable allons when stored
exceed one hundred fless than aone ( (1) ~ acr)e i n area nor shall -
on one ( 1) lot of allons in
storage exceed more than twenty-five thousand (25,000) g
one (1) tank. Storage of liquid petroleum products or chemicals
of a flammable -or noxious nature be located closerwthan fifty
thousand (25,000) gallons, shall not
(50) feet from anyundr dur200)tfeet fromhanynRhResidential
closer than two h (
District.
(5) Not less than five (5) feet of a required yard adjoining a
street shall be landscaped and permanently maintained where such
required yard adjoins a residential district, and eorlother loads
which are required for access to doors, openings,
ing facilities.
(6) All open and unlandscaped portions of any lot shall be
maintained in good condition free from weeds, dust, trash and
debris.
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901.06 PROHIBITED USES AND STRUCTURES: All residential
dwellings of any kind, and all other uses and structures which
are not specifically permitted, or cannot meet the performance
standards for industry set forth in SECTION 115.01 of this
Ordinance or which are not permissible as exceptions, shall be
prohibited.
901.07 MINIMUM LOT REQUIREMENTS: No limitations.
901.08 MINIMUM YARD REQUIREMENTS:
(1) Front yard: There shall be a minimum front yard of not less
than a depth of one-hundred (100) feet from the center of a
Federal Aid-Primary or Federal Aid-Secondary designated street or
highway or thirty-five (35) feet from the property line, whichev-
er is greater. On all other streets or highways there shall be a
minimum front yard of not less than a depth of fifteen (15) feet
from the property line where there are curbs and gutters and
thirty (30) feet from the property line where there are no curbs
and gutters, provided that where a lot is abutting on property in
any R Residential District and fronting on the same street, there
shall be a minimum front yard of twenty (20) feet. These yard
requirements shall apply to any yard abutting a Federal Aid-
Primary or Federal Aid-Secondary designated street or highway
regardless of the lot being an interior or corner lot.
(2)''Rear yard: The minimum rear yard abutting an R Residential
District(s) shall be twenty-five (25) feet.
(3) Side yard: The minimum side yard abutting an R Residential
District(s) shall be twenty-five (25) feet.
(4) There shall be a minimum side yard of not less than five (5)
feet.
(5) An additional set back requirement to all other minimum
rear, side, and front yard requirements for antennas and trans-
mitting struGture~ shall be a minimum set back requirement equal
to the height of said antenna or transmitting structure. Addi-
tionally no antenna or transmitting structure shall be located
within a distance equal to the height of the tower of any utility
transmission lines serving the premises other than lines exclu-
sively serving the premises upon which the tower is located.
901.09 MAXIMUM LOT COVERAGE: No limitations.
901.10 MAXIMUM HEIGHT: No structure shall exceed seventy-five
(75) feet except an antenna or transmitting structure.
901.11 SIGN REGULATIONS: All signs shall be in conformance with
the regulations provided herein and with the provision of
SECTION 1114 of this Ordinance.
901.12 REPAIR GARAGE REQUIREMENT. In addition to all other
restrictions and requirements as provided herein; in the circum-
stance of a repair garage, all vehicles or motorized equipment
awaiting repair, under repair, and all parts and materials shall
be screened on all sides by a solid fence or a masonry wall or
compact growth or natural plant materials not less than eight
feet in height. Such screened area shall be limited to an area
behind the rear line of any building or structure used as a
repair garage on the premises.
Z-67
394
SECTION 902 MH HEAVY INDUSTRIAL AND MANUFACT~7RING DISTRICT
902.01 INTENT: The intent of this district is ermitted einpthe
for the widest range of industrial operations p
City, for those industrial uses which are able to meet certain
performance standards to protect nearly non-commercial and non°
industrial uses from undesirable enviro r hibitedofromithis
Residential and other similar uses are p
district in order to limit environmental effects associated with
certain commercial and inrasstrial uses, irrespective of their
meeting performance stands
902.02 PERMITTED PRINCIPAL USES AND STRUCTURES: The
shall be permitted as uses by right:
(1) Wholesale, storage and warehouse uses;
(2) Signs subject to SECTION 2114 of this Ordinance;
(3) Agricultural uses;
(4) Automobile service stations;
(5) Rental and lease establishments, outside and inside
(6) Any industrial use which can meet the performance
for this district set forth in SECTION 1115.02 of this
provided, such is not specifically prohibited.
902.03 P uRses Tand structures shallNbe permit ed•
accessory
following
storage;
standards
Ordinance
The following
(1) Accessory uses and structures normally appurtenant to the
permitted uses and structures and to uses and. structures
permitted as exceptions; uarters
(2) Offices, retail stores and watchmen's living q
incidental to and on the same structuresan industrial use.
(3) Antennas and transmitting rovisions of this Ordinance
902.04 EXCEPTIONS: After the p
relating to exceptions hausebwhichu isl consistentCwithCthec intent.
permit as exceptions and
of this district and which is not prohibited ~.n accordance with
Article 14 of this Ordinance.
902.05 CONDITIONS FOR GRAN~I o f thEsTO dinance,J2thet following
requirements of Article
regulations shall apply as minimum requirements for granting
exceptions in the MH Heavy Industrial and Manufacturing District.
All uses shall meet or exceed the performance standards set
(1)
forth in SECTION 1115.02 of this Ordinance;
(2) Where a site adjoins an R Residential District, a solid
wall, or fence, vine covered open fence or compact evergreen
hedge, six (6) feet in eighth shall be located on the property
line except in a required front yard.
Z°68
:~~-~
3/94
(3) A use not conducted entirely within a completely enclosed
structure, on a site across a street or alley from an R Residen-
tial District, shall be screened by a solid wall or fence, vine°
covered open fence or compact evergreen hedge, not lass than six
(6) feet in height.
(4) Storage of liquid petroleum products or chemicals of a
flammable or noxious nature in excess of twenty-five thousand
('L5,000) gallons, shall not be located closer than fifty (50)
feet from any structure intended for human habitation or closer
than two-hundred (200) feet from any R Residential District.
(5) Not less than five (5) feet of a required yard adjoining a
street shall be landscaped and permanently maintained.
902.06 PROHIBITED USES AND STRUCTURES: All residential
dwellings of any kind, and all other uses and structures which
are not specifically permitCed, cannot meet the performance
standards- of industry set forth in SECTION 1115.02 of this
Ordinance or which are not permissible as exceptions, shall be
prohibited.
902.07 MINIMUM LOT REQUIREMENTS: No limitations.
902.08 MINIMUM YARD REQUIREMENTS:
(1) Front yard: There shall be a minimum front yard of not less
than a depth of one-hundred (100) feet from the center line of a
Federal Aid=Primary or Federal Aid°Secondary designated street or
highway or thirty-five (35) feet from the property line whichever
is greater. On all other streets or highways there shall be a
minimum.front yard of not less than a depth of fifteen (15) feet
from the property line where there are curbs and gutters and
thirty (30) feet from the property line where there are no curbs
and. gutters, provided that where a lot is abutting on property in
any R. Residential District and fronting on the same street, there
shall be. a minimum front yard of twenty (20) feet. These yard
requirements shall apply to any yard abutting a Federal Aid-
Primary or Federal-Aid Secondary designated street or highway
regardless of the lot being an interior or corner lot.
(2) Rear yard: _ The minimum rear yard abutting an R Residential
District shall be twenty-five (25) feet.
(3) Side yard: The minimum side yard abutting an R Residential
District shall be twenty-five feet.
(4) llistance between structures: The minimum distances between
principal structures shall be twenty (20) feet.
(5) An additional set back requirement to all other minimum
rear, side, and front yard requirements for antennas and trans-
mitting structures shall be a minimum set back requirement equal
to the height of said antenna or transmitting structure. Addi°
tionally no antenna or transmitting structure shall be located
within a distance equal to the height of the tower of any utility
transmission lines serving the premises other than lines exclu-
sively serving the the premises upon which the tower is located.
902.09 MAXIMUM LOT COVERAGE: No limitations.
Z-69
2/1993
x
i
I
902. ].0 ,MAXIMUM HEIG((T: No, structure shall exceed two hundred
.fifty (ZS~O) feet except pan antenna or transmitting structure.
902'.11 SICK R~P.GU[,ATIONS: All signs shall he in conF.ormance with
• 'the regulations provided herein and with the provisions of
SECTION 1114 of this Ordinance.
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_ ARTICLE 10 S SPECIAL MODIFIED AHD APPENbED DISTRICTS
These district regulations are intended to provide specific
conditions for uses and structures which would otherwise not be
included in the district regulations of ARTICLES 5 through 9 of
this Ordinance.
SECTION 1001 SHH MOBILE HONE DISTRICT
1001.01 INTENT: This district is intended for those areas where
i t is determined that mobile homes as defined in SECTION 303.01
of this Ordinance are campatible with the character of
conventional housing and, further, that for the purposes of
SECTION 1001 of this Ordinance, mobile homes shall be considered
to be single family dwelling units subject, to the same use
regulations as conventional single-family dwelling units.
This district is created to be appended to any district which
includes single-family dwellings as permitted uses by right.
1001.02 PERMITTED PRINCIPAL USES AND STRUCTURES: Any permitted
principal use and structure in the Parent District to which this
district is made a part shall be permitted including mobile
homes, provided that such mobile homes meet the minimum
requirements of SECTION 1001.05 of this Ordinance.
1001.03 PERMITTED ACCESSORY USES AND. STRUCTURES: Accessory uses
and. structures permitted under the provisions of the regulations
of the Parent District and those normally appurtenant to the uses
and structures permitted as exceptions shall be permitted.
1001.04 EXCEPTIONS: After the provisions of this Ordinance
relating to exeep.tions have been fulfilled, the City Council may
permit ali Permitted Principal Uses and Structures and all
conditional. uses permitted as Exceptions in the Parent District
of which this district is made a part.
1001.05 SPECIAL CONDITIONS AND CONDITIONS FOR GRANTING
EXCEPTIONS: Notwithstanding the requirements of Article 14 of
this Ordinance, the following regulations shall supplement the
Special Conditions and/or Conditions for Granting Exceptions
which are provided in the Parent District of which this district
is made a part, These regulations shall supersede those of the
Parent District where there is a conflict among regulations.
(1 ) The mobile homes shall be placed on a permanent foundation
of concrete block or poured reinforced concrete or other
comparable foundations which meets the minimum standards of the
building code for single-family dwelling building foundations.
The permanent foundation shell bs adequate for the placement end
tie-down of the mobile home, thereby securing the super-structure
against uplift, sliding, rotation, or overturning.
Z-71
1?!92
,/
Anchors and tie-downs shall be placed at least at each corner of
the mobile home or trailer unit at intervals not to exceed ten
(10) feet and shall be able to resist the design wind pressures.
and i.n anf two thousand eightbhundred (2t800)apoundsmum tensile
strength o
(2) The mobile home shall be served by water and sewer
facilities comparable to the water and sewer facilities required
for conventional single-family dwelling units.
(3) The mobile home and mobile home lot shall conform to the
minimum lot and yard requirements for single-family dwellings as
specified in the district regulat-ions of the Parent District.
1001.06 PROHIBITED USES AND STRUCTURES: All uses prohibited in
the Parent District of which this district is made a part shall
be the; minimum yard lot requirements.
1001.07 MINIMUM
Parent District
the minimum yard
1001.08 MINIMUM
Parent District
the maximum lot
LOT REQUIREMENTS: The yard requirements of the
of which this district is made a part shall be
lot requirements.
YARD REQUIREMENTS: The yard requirements of the
of which this district is made a part shall be
coverage requirements.
1001.09 MAXIMUM LOT COVERAGE: The lot coverage requirements of
the Parent District.of which this district is made a part shall
be the maximum lot coverage requirements.
1001.10 MAXIMUM HEIGHT: The height requirements of the Parent
District of which this district is made a part shall be the
maximum height requirements.
1001.11 SIGN REGULATIONS: The sign regulations of the Parent
District of which this district is made a part shall be the
minimum requirements for sign regulations subject to additional
requirements as prescribed by the City Council.
SECTIOR 1002 SFP FLOOD PLAI1~ DISTRICT
1002.01 INTENT: This district is intended for application in
those areas which have been defined by the Nebraska Natural
Resources Commission as being Commission Floodways or which by
reason of historical documentation and .other data have been
defined by the Planning Commission as being flood hazard areas..
The regulations are intended to minimize the extent of floods and
reduce the height and violence thereof; to minimize the hazard of
loss of lives and property caused by floods; and to secure safety
from floods through the confinement of floods; and to secure
safety from floods through the confinement of floods through
reasonable limits by regulating and restricting areas of
development along or in natural watercourses and drainways.
Z-72
This district is created to be appended to any district which is
subject to periodic flooding.
1002.02 PERMITTED PRINCIPAL USES AND STRUCTURES: Any permitted
principal use and str~~cture in the Parent District to which this
district is made a part, provided, that s»ch uses and structures
meet the minimum requirements of SECTION 1002.05 of this
Ordinance.
1002.03 PERMITTED ACCESSORY USES AND STRUCTURES: Any permitted
accessory use and structure in the Parent District to which this
district is made a part, provided, that such uses and structures
meet the minimum requirements of SECTION 1002.05 of this
Ordinance.
1002.04 EXCEPTIONS: After the provisions of this Ordinance
relating to exceptions have been fulfilled, the City Council may
permit all conditional uses permitted as exceptions in the Parent
District of which this district is made a part.
1002.05 SPECIAL CONDITIONS AND CONDITIONS FOR GRANTLNG
EXCEPTIONS: Notwithstanding the requirements of Article 14 of
this Ordinance, the following regulations shall supplement the
Special Conditions and/or Conditions for Granting Exceptions
which are provided in The Parent district of which this district
is made a part. These regulations shall supersede those of the
Parent District where there is a conflict among regulations.
(1) Where by reason of flooding potential, the Zoning
Administrator determined that there are detrimental or limiting
conditions for development or where there is indicated the
possibility of detrimental or limiting conditions for -
development, the Zoning Administrator shall require such person
or persons making application for' a building permit to provide
four (u) copies of the following to the City Council.
a. A site plan at an appropriate scale indicating the name and
address of the applicant; lot dimensions and legal description of
the property; the location, elevation, size, height, and proposed
use of all structures; yards and space between structures; off-
street parking; location of public streets and highways and
points of pedestrian and vehicular ingress and egress; signs;
areas which wll require significant land forming;
b. Topographic information providing the elevations of the site
above mean sea level, the proposed first floor elevations of all
principal structures and accessory structures, and all
specifications for grading and fill;
(2) The Zoning Administrator shall transmit one (1) copy of all
required documentation to the Papio Natural Resource District for
review and comment. Such review and comment, if any, shall be '~,
made a part of the record of the City Council.
z-73
(3) As conditions for granting a building permit, the Building
Inspector may req ~ rdue to lfloodingsand swhich hsh 11 included the
minimize the haza
following:
a. The first floors of buildings or structures shall be placed
one (1) foot above the elevation of the 100 year flood.
b. Foundations- ,ohstand sfloodt conditions at dthelgpr posed
constructed to wit
construction site. urtenances located below the
c. Basements, lower floors, or app
elevation of the 100 year flood shall be designed and constructed
to prevent passage of water into the building or structure and to
withstand flood conditions, including hydrostatic pressures of
elevated water tables and the momentum of flood flows. Materials
for construction shall be of a type not deteriorated appreciably
by water. Windows, doorways, and other openings into the
building or structull beadesigned and constructedlinco po®ating
100 year flood sha
adequate flood proofing.
d. All electrical equipment, circuits, and installed electric
appliance sh1loQ.dbe.,roofed toapre~ent damageeCres~ltl3ng1from
shall be f P
inundation from the 100 year flood. ed with valves
e. Sanitary a.n-d~ storm sewer drains shall be equipp
capable of be..ing closed, manually or automatically, to prevent
backup of sewage and storm waters into the building ormechaniucal
Gravity draining of basements may be eliminated by
devices.
f. Any chemical storage, explosive, buoyant, and inflammab e
liquid storage shall be located above threventyflotation ofvtanks
shall be adequately flood proofed to p
or other appreciable damage or• escape into the flood waters of
toxic materials.,
g. Land may be filled provided such fill extends 15 feet beyond
the limits of any building or structure erected thereon.
1002.06 PROHIBITEDtUaf whNoh thisTdistrictlisumadepaoparttshall
the Parent Distri
be prohibited.
1002.07 MINIMUM
Parent District
the minimum lot
as prescribed by
1p02.b8 MINIMUM
Parent District
the minimum yard
as prescribed by
LOT REQUIREMENTS: The
of which this district
requirements subject to
the City Council.
lot requirements of the
is made a part shall be
additional requirements
YARD REQUIREMENTS: The
of which this district
requirements subject to
the City Council.
yard requirements of the
is made a part shall be
additional requirements
Z-7 ~
1002.09 MAXIMUM LOT COVERAGE: The lot coverage requirements of
the Parent District of which this district is made a part shall
be the maximum Iot coverage requirements subject to additional
requirements as prescribed by the City Council.
1002.10 MAXIMUM HEIGHT: The height requirements of the Parent
District of which this district is made a part shall be the
maximum .height requirements subject to additional requirements as
prescribed by the City Council.
1002,11 SIGN REGULATIONS: The sign regulations of the Parent
District of which this district is made a part shall be the
minimum requirements for sign regulations subject to additional
requirements as prescribed by the City Council.
SECTION 1003 SPD PLANKED DEVELOPMENT DISTRICT
1003.01 INTENT: The provisions of this Section are to be
applied in instances where tracts or land of considerable size
are developed, redeveloped or renewed as integrated and
harmonious units, and where the overall design of wuch units
warrants modification of the standards contained elsewhere in
this Ordinance, A planned development, to be eligible under
this Section must be:
(1) In accordance with the comprehensive plan of the City
including alI plans for redevelopment and renewal;
(2) Composed of such uses, and in such proportions, as are mast
appropriate and necessary for the integrated functioning of the
planned development and fvr the City.
(3) So designed in its space allocation, orientation, texture,
materials, landsc..aping and other features as to produce an
environment of stable and desirable character, complimenting the
design and values of the surrounding neighborhood, and showing
such unusual merit as to reflect credit upon the City.
This district is created to be appended to all residential,
commercial and industrial districts to provide for the placement
and location of more than one building. on a lot in an arrangement
to permit more feasible, original and better siting of buildings.
1003.02 PERMITTED PRINCIPAL USES AND STRUCTURES: Uses and
structures permitted under the provisions of the regulations of
the Parent District of which this district is made a part shall
be permitted.
4
_...~
Z-75
1003.03 PERMITTED ACCESSORY USES AND STRUCTURES: Accessory
uses and structures permitted under the provisions of the
regulations of the Parent District and those normally appurtenant
to the uses and structures permitted as exceptions shall be
permitted.
1003.04 EXCEPTIONS: After the provisions of this Ordinance
relating to exceptions have been fulfilled, the City Council may
permit conditional uses permitted as Exceptions in the Parent
District of which this district is made a part.
1003.05 SPECIAL CONDITIONS AND CONDITIONS FOR GRANTING
EXCEPTIONS: Notwithstanding the requirements of Article 14 of
this Ordinance, the following regulations shall supplement the
Special Conditions and/or Conditions for Granting Exceptions
which are provided in the Parent District of which this district
is made a part. These regulations shall supersede those of the
Parent District where there is a conflict-among regulations.
(1) Minimum Area of Tract: The minimum area of a tract of land
to be zoned as an appended SPD Planned Development District is
dependent.on:the.Parent District as follows;
Parent Zoning .Districts Minimum Area (Acres)
R Residential 3
B Commercial. 2
M Industrial. 8
The tract for the use. as a SPD Planned Development District shall
be under single or joint ownership.
(2) Procedu.res:_ When a property owner or developer intends to
develop a tract o~f land containing at least the minimum area far
that Parent District and involving more than one establishment,
or in the case of a residential zoned area, more than one
dwelling unit,. he/she' may apply for zoning the property to a
SPD Planned Development District. The rezoning change shall be
an amendmnet to the zoning map as an appendage to the existing
Parent District. The rezoning change may also be a request to
change the existing Parent District to another Parent District
with the SPD Planned Development District.
An applicant for a change in zoning to SPD Planned Development
District must satisfy the Planning Commision that he!she has the
ability to carry out the proposed plan and shall prepare and
submit a schedule for construction.
Such applicant also shall prepare and submit a Preliminary
Development Plan for review and approval by the Planning
Commission which shall include:
Z®76
a. A topographic map showing contours at intervals of two feet.
b. A plot plan showing:
1. Building and sign structure locations on the tract.
2. Access for streets.
3. Parking arrangement and number of spaces.
4. Interior drives and service areas.
5. Area set aside for public open space.
c. Location map showing the development and zoning of the
adjacent property within 200 feet, including the location and the
type of buildings and structures thereon.
d. The full legal description of the boundaries of the
properties to be included in the area to be zoned SPD Planned
Development District.
e. A map showing .the general arrangement of streets within an _
area of 1 ,000 feet from the boundaries of the area to be zoned
SPD Planned Development District.
f. A map showing location of proposed sewer, water and other
utility lines.
g. A description of general character of proposed buildings and.
any signs to be placed on the site.
The applicant may further be asked to furnish other information,
such as typical building floor plans, building elevations to show
the general architectural character of the- buildings, some
indications as to size and type of landscape plant materials,
pavements, and other major site improvements. -'
The applicant may be asked to submit the tentative financial plan
and description of the intended means of financing any proposed
common areas or common improvements, and statements covering
ownership and maintenance of common easements or other common
areas, such as open space or recreational facilities.
Upon approval of the Preliminary Development Plan by the Planning
Commission, the applicant shall prepare and submit a final
Development Plans which shall incorporate any changes or
alterations requested. Alterations in the preliminary schedule
of construction shall be submitted at this time. The final
Development Plan and the Planning Commission's recommendation
shall be forwarded to the City Council for their review and final
action.
In the event that within 18 months following approval by the City }
Council, the applicant dues not proceed with construction in
accordance with the lan so a
p pproved, the Planning Commission
shall initiate action to rezone the property to the original ~,
zoning district. A public hearing, as required by law, shall be
advertised and held at which time the applicant shall be given an
opportunity to show why construction has been delayed. Following
the hearing, the Plannning Commission shall make findings of -
fact and shall make a recommendation to the City Council. -~
Z-77
All plans and documents
shall form the basis
conformity therewith.
shall become a part of the amendment and
for issuance of a building permit in
Changes in the Development Plan, which increase the number of
dwelling units or establishments, the arrangement of buildings,
the number of parking stalls, any increase in the size or number
of other improvements, and the alignment of drivewaysl°cationwfor
shall require a resubmission for approval of the app
rezoning. Any minor changes or adjustments or decrease in the
number of dwelling units, common facilities and recreation
facilities may be approved by the Zoning Administrator without
resubmission.
1003.06 PROHIBITED USES AND STRUCTURES: All uses prohibited in
the Parent District of which this district is made a part shall
be prohibited.
1003.07 MINIMUM LOT REQUIREMENTS: The lot requirements of the
Parent District ® e uirements ssubject cto iadd t onalp requirements
the minimum 1o q
as prescribed by the City Council.
In the event the tract of land to be developed as an SPD Planned
Development District lies in more than one Parent District, the
provisions of the more restrictive Parent District shall be
applicable.
In an appended residential district, the number of dwelling units
that may be permissible on the .proposed tract to be developed as
an SPD Planned Development District shall be determined by using
the lot area, per dwelling unit requirements of the zoning
district., provided, however, that the total lot area of the
proposed tract shall be reduced by the areas covered or occupied
by buildings, streets, roadways, drives, parking areas, and
unusable land areas such as streams, drainage ways, creeks, or
land with grade slopes exceeding a twenty-five percent (25X)
grade.
1003.08 MINIMUM YARD REQUIREMENTS: The yard requirements of the
Parent District of which this district is made a part shall be
the minimum yard requirements subject to additional requirements
as prescribed by the City Council.
1003.Q9 MAXIMUM LOT COVERAGE: The lot coverage requirements of
the Parent District of which this district is made a part shall
be the maximum loescr®bedaby theuCityeCouncil Ject to additional
requirements as p
Z®78
1003.10 MAXIMUM HEIGHT: The height requirements of the Parent
District of which this district is made a part shall be the
maximum height requirements subject to additional requirements as
prescribed by the City Council.
1003.11 SIGN REGULATIONS: The sign regulations of the Parent
District of which this district is made a part shall be the
minimum requirements for sign regulations subject to additional
requirements as prescribed by the City Council.
SECTION 1004 SC CONS iNI. DISTRICT - Repealed 2/94
SECTION 1005 SMC SPECIAL MEDICAL COMPLEX DISTRICT
1.005.01 INTENT: This zoning district is to be appended to
another primary district in which hospitals or medical, dental,
or health. clinics are a use permitted by exception to provide for
the placement and' location of hospitals, medical, dental, or
health clinics, to allow such entities the option of expansion
with certain limitations.
1005.02 PERMITTED PRINCIPAL USES AND STRUCTURE: Any principal
uses permitted in the zoning district to which the SMC - Special
Medical Complex District classification is appended shall contin-
ue. In addition, a hospital or medical, dental, or health clinic
shall be a permitted principal use.
1005.03 EXCEPTIONS: Any conditional use permitted in the prim-
ary zoning district to which the SCM - Special Medical .Complex
district is appended.
1005.04 MINIMUM LIGHT AND HEIGHT REQUIREMENTS: All height and
lot area requirements in the primary zoning district to which the
SMC - Special Medical Complex district is appended shall apply to
a hospital or medical, dental, or health clinic. The additional
following minimum lot and height requirements shall apply to a
hospital or medical, dental, or health clinic. The minimum lot
area for a parking lot for hospital or medical, dental, or health
clinic purposes shall be 15,000 contiguous square feet. The
minimum lot area f or hospital or medical, dental, or health
clinics shall be 40,000 contiguous square feet.
1005.05 MAXI HEIGHT: Maximum height shall be fifty-five feet
for any hospital or medical, dental, or health clinic.
Z-79
3/94
1005.06 SIDE AND REAR YARD REQUIREMENTS: ..._~
(1) Side and rear yard requirements for hospital or medical,
dental, or health clinics shall be equal in footage to the height ~,
of the structure.
(2) From parking to any side or rear lot line the minimum set -i
back requirement shall be seven feet except no set back require-
went shall apply to a lot line abutting a dedicated alley. i
1005.07 FRONT SET BACK REQUIREMENTS: The front yard set back
requirement shall be the same as the primary zoning district to
which the SMC - Special Medical Complex district is appended.
1005.08 MAXIMUM LOT COVERAGE: There shall be no maximum lot
coverage requirements.
1005.09 OTHER APPLICABLE PROVISIONS:
(1) Where a hospital or medical, dental, or health clinic
adjoins or is located across an alley, any lot or parcel upon
which a residential structure is located, a solid wall or fence,
vine covered open fence, or compact evergreen hedge six feet in
height shall be located on the property line common to such
residential structure except in the front yard. Said screening
requirement shall not be required if there preexists on the
adjacent residential property screening which complies with the
requirements of this section. Such screening requirement shall
also not be required where the wall of any building is not
greater than five (5) feet from the set back requirement within
the primary district to which this SMC - Special Medical Complex
district is appended, and there are no windows or other openings
except for doors for emergency purposes only.
(2) Any illumination or lighting for hospital or medical, den-
tal, or health clinics shall be directionalized so as prohibit
lighting of any adjacent residential structure.
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3/94
ARTICLE 11 SUPPLEMENTARY~DISTRICT REGULATIONS
SECTION 1101 VISIBILITY AT INTERSECTIONS
For the purpose of insuring reasonable visibility and safety in
the residential district, the triangle of land formed on any
corner lot by measuring a distance of twenty feet along each lot
line from their intersection on the street side shall be free
from structures. Trees in this area shall be trimmed up eight
feet above the curb and shrubs shall not exceed three feet in
height.
SECTION 1102 PENCES, WALLS AND KEDGES
In the Residential Districts.no fence which is more than six feet
above the ground may be constructed on any lot line provided na
fence more than three and one-half feet above the ground may be
constructed on the front lot line or any side lot line between
the front lot line and the L-ront set back line or the front of
any residential structure, whichever distance is greater. On thc~
].ot line of the street side of any corner lot in any residential
district, no fence or other structure shall be erected to a
height of more than three feet above the established curb grade
nt the corner of the lot which is bounded by the right of way of
t`.he streets which intersect and the line connecting the points ott
each street line twenty feet from their point of intersection,
and such line shall also be extended to include the right of way
area between the lot line and the street; and no foliage or other
shrubbery shall be planted or maintained in such area which will
obstruct the view of drivers of vehicles approaching the street
intersection. All fences or parts thereof which are solid shall
be constructed so that all posts, braces, stringers, and all.
other structural members face to the interior of the lot or
parcel. being fenced.
SECTION 1102.01 SATF,LLITE DISHES, TELEVISION ANTENNAS, WIND
GENERATORS.
Satellite dishes, television antennas, and wind generators shall
not be located in the front, other street yard or side yard, but
may be located- in the rear yard .if they are at .least five (S)
feet from the side lot line, twenty (20) feet from the rear lot
line, and on corner lots they shall be set back the full required
front yard set-back on the other street yard frontage. If these
structures are located on top of the main structure, they must
meet the minimum set°backs for the district.
Z-81
6/1992
.f
If these structures are to be located on a double frontage lot,
they may be located in the front yard which is opposite of the
direction which the majority of the residential structures in the
block face as long as they are at least twenty (20) feet from the
street right-of-way and five (5) feet from the side lot line.
SECTION 1103 ACCESSORY USES
1103.01 USE FOR DWELLING: Accessory buildings shall not be used
L•or dwelling purposes unless specifically permitted.
1103.02 YARD REQUIREMENT POR ACCESSORY BUILDINGS:
(1) Side Yard - Same as district in which accessory .use is
located except an accessory building may be located in the side
yard as close as three (3) feet to the property .line providing it
is located between Che rear building .line of the principle
building and the rear property line.
(2) Pront Yard - No accessory building shall be located between
L•he front building line of ..the principle building and the front
property line.
Z-81(A)
If these~.gtructures are to be located on double frontage lot,
they may b~e~ located in the front yard w ich is opposite of the
direction wh~.;h the majority of the res'dential structures in the
block face as Tong as they are at leas twenty (20) feet from the
street right-of-W'ay and five (5) fee from the side lot line.
.~\
SECTION 1103 ACCESSOR7~ USES
~~~,
1103.01 USE FOR DWELbING:' Accessory buildings shall not be used
for dwelling purposes unless~~~ecifically permitted.
1103.02 YARD REQUIREMENT,•FOR ACC'E.;SSORY BUILDINGS:
(1 ) Side Yard - Same as district~:.~ which accessory use is
located except an accessory building m~~y be located in the side
yard as close as.three (3) feet to the pro~p,erty line providing it
is located belrween the rear building li~r~e of the principle
building and the rear property line.
(2) Front Yard - No accessory building shall be~cated between
the front, building line of the principle b~~ilding a d the front
property line. ~~
Z-81 (A )
~.,. (3) Rear Yard - Unless specifically permitted, no accessory
building shall be located closer than three (3) feet from the
rear property line or within ten (10) feet of any other building
on adjacent properties, and no accessory building shall be
located within any easement or right-of-way along the rear
property line.
1103.03 VEHICLE ACCESS: Unless otherwise specifically
permitted, any accessory building requiring vehicle access from
an alley way shall be located a minimum of fifteen (15) feet from
the rear property line.
1103•®u ATTACHED~ACCESSORY USE: Any accessory attached to the
principle building shall be considered as a part of the principle
building and shall meet the same requirements as specified for
the principle building in said district.
1103.05 FIRE HAZARDOUS ACCESSORY USES: No accessory use shall
be located within five (5) feet of a residential dwelling that
creates a fire hazard or would subject the residential structure
to a potential fire, such as a detached fireplace, barbeque
ovens, flammable liquid storage, etc.
SECTION 1104 ERECTION OF MORE THAN ONE PRINCIPAL STRUCTURE ON A
LOT
In any zoning district except RL, RM, and RML, more than one~C1 )
structure housing a permitted or permissable principal use may. be
erected on a single lot, provided that yard and other
requirements of this Ordinance shall be met for each principal
structure as though it were on an individual lot.
SECTION 1105 EXCEPTIONS TO HEIGHT REGULATIONS
The height limitations contained in this Ordinance shall not
apply to spires, belfries, cupolas, antennas, water tanks,
ventillators, dom-es, chimneys, grain elevators and accessory
agricultural structures.
SECTION 1106 STRUCTURES TO HAYE ACCESS
Every building hereafter erected or moved with the exception of
nonresidential agricultural related structures in A Agricultural
zoned districts., shall be on a lot adjacent to a public or
approved private street and all structures shall be so located on
lots as to provide safe and convenient access for servicing, fire
protection and required off-street parking.
SECTION 1107 UTILITY AND LOT AREA REQUIREMENTS FOR RESIDENTIAL
STRUCTURES
1. It shall he unlawful to occupy a residential structure~or any
building for living purposes that does not have an approved waste
disposal system.
Z-82
--~
2. No waste absorption field (septic tank, cess pools, etc.)
shall be constructed any closer than twenty-five (25) feet from
any adjacent property line.
3. There shall be no waste absorption field located closer .than
fifty (50) feet from any ether residential structure.
9. There shall be no waste absorption field located closer than
fifty (50) feet from a water well provided; however, where
geology and subsurface conditions and topography would indicate
that seepage could reach the well supply, a greater distance
shall be required.
5. An individual residential waste absorption field shall
contain a minimum of ten-thousand (10,000) square feet, exclusive
of the area required by structure. The entire tract shall
contain not less than twenty-thousand (20,000) square feet.
SECTION 1108 TEMPORARY STRUCTURES
Temporary structures incidental to construction work, but only
for the period. of such work, are permitted in all districts;
however., basements and cellars shall not be occupied for
resident.ial.purp.oses until the building is completed.
SECTION. 1109 CARETAKERS QUARTERS
Caretake.r's quarters are permitted in all districts, if included
in the principle structure, providing said use is incidental to
the principal use.
SECTION 1].10 ADJUSTMENTS TO FRONT, REAR, AND SIDE YARD REQUIRE-
MENTS
1. Where forty (40) percent or more of the frontage on one (1)
side of a street between two (2) intersecting streets is
developed with buildings that have observed, with a variation of
five (5) feet~.or less,. a front yard greater in depth than herein
required, new buildings shall be erected closer to the street
than the front yard so established by the existing buildings.
a. Where a building is to be erected on a parcel o£ land that is
within one hundred (100) feet of existing buildings on bath
sides, the minimum front yard shall be a line drawn between the
two (2) closest front corners of the adjacent buildings on the
two (2) sides, or
b. Where a building is to be erected on a parcel of land that is
within one hundred (100) feet of an existing building on one (1)
side only, such building may be erected as close to~the street as
the existing adjacent building.
Z-83
11/91
{
2. Where two (2) lots are under common ownership and have been
permanently appended to each other by an agreement in writing by
the owners thereof running with the land and binding upon the
heirs, personal representatives, successors, and assigns of such
owners, which such agreement provides that such lots or portions
of lots are permanently appended meaning that they may not be
conveyed without the other in a simultaneous transaction to the
same grantee, far the determination of minimum front, rear, and
side yard requirements, the outer boundary of such Lots shall be
considered the lot line for establishing such set back require-
ments, and no set back requirement of any internal lot lines
separating such permanently appended lots shall be required.
SECTION 1111 PARKING REGULATIONS
1111.01 PARKING, STORAGE, OR USE OF MAJOR RECREATIONAL
EQUIPMENT: No major recreational equipment as defined in SECTION
303.01 shall be used for living, sleeping, or housekeeping pur-
poses when parked or stored on a residential lot or in any loca-
tion not approved for such use, except such use shall be permit-
ted on a temporary basis for a period of not to exceed seventy-
two (72) hours.
1111.02 PARKING AND STORAGE OF
vehicles or trailers of any kind
plates shall not be parked or
District other than in completely
automobiles shall be removed in a~
Blair Code.
CERTAIN VEHICLES: Automotive
or type without current license
stored in any R Residential
enclosed buildings. Abandoned
cord with SECTION 5-411 of the
1111.03 MINIMUM OFF-STREE°~ PARKING AND LOADING REQUIREMENTS:
Off-street motor vehicle parking and loading space shall be
provided on any lot on which any of the indicated structures and _
uses are hereafter established. Such space as defined in SECTION
303.01 of this Ordinance shall be provided with vehicular access
to a street or an alley. A required loading space shall include
a ten (10) foot by fifty (50) foot space with a minimum of
fourteen (14) feet of height clearance. The loading space shall
be so located as to avoid undue interference with public use of
streets, alleys,. and walkways. Minimum off-street parking and
loading requirements, which shall be applicable in all zoning
districts to .the structures and uses indicated, shall be set
forth in the Schedule of Minimum Off-Street Parking and Loading
Requirements, hereby adopted by reference and declared to be a
part of this Ordinance. If minimum off-street parking required
in said schedule cannot be reasonably provided on the same lot on
which the principal structure or use is conducted in the opinion
of the City Board of Zoning Adjustment, the Board may permit such
space to be provided on other off-street property, provided that
such space lies within two hundred (200)) feet of the entrance to
such principal structure or use. -~
z-a4
11/91
SCHEDULE OF MINIMUM OFF-STREET PARKING AND LOADING REQUIREMENTS
Structures and Uses Minimum Off-Street
Parking Regulations Minimum
Loading Off-Street
Requirements
Bowling Alleys 4 Spaces per alley 1 Space per estab-
lishment
Churches, Synagogues 1 Space per u seats None req uired
and Temples in main unit of wor-
ship •
Eating and Drinking Parking spaces equal 2 Spaces per estab-
Places to 30~ of capacity lishment
in persons
Educational Uses, Parking spaces equal 2 Spaces per struc-
Nursery ~ Primary to 20~ of capacity tore
in students
Education Uses, Parking spaces equal 2 Spaces per struc-
All Other to 40~ of capacity tore
in students
Funeral Homes 8 spaces per repos- 2 Spaces per estab-
and Chapels ing room lishment
Hospitals 1 Space per 2 beds 3 Spaces per struc-
ture
Hotels 1 Space per 2 ren- 1 Space per estab-
tal units lishment
Industrial Uses 1 Space per 2 2 Spaces per estab-
employees on lishment
largest shift
Libraries 1 Space per 500 1 Space per struc-
sq. ft. on floor tore
area
Lodging and 1 Space per 2 None req uired
Boarding Houses rental units
Medical Clinics 5 Spaces per None req uired
staff doctor or
dentist
Mobile Home Park 2 Spaces per None req uired
dwelling unit
Z-85
Motels
Private Clubs and,
Lodges
Residential Struc-
tures (multi-
family)
Residential Struc-
tures (two-family)
Residential Struc-
tures (Single-
family)
Retail Sales
Establishments
Roadside Stands
Sanitariums,
Convalescent, and
Rest Homes Services
Service Establish-
ments
Theaters, Audi-
toriums, and
Places of Assembly
Veterinary Estab-
lishments
Wholesaling and
Distribution
Operations
1 Space per
rental unit
1 Space per 500
sq. ft. of floor
area
1 i/2 Space per
dwelling unit
2 Spaces per
dwelling unit
2 Spaces per
dwelling unit
None required
1 Space per estab-
lishment
None required
None required
None required
1 Space per 200 1 Space per estab-
sq. ft. of gross lishment
floor area
4 Spaces per None required
establishment
1 Space per 3 beds, 1 Space per estab-
plus 1 Space per lishment
employee
1 Space per 200 sq. 1 Space per estab-
ft: gross floor area lishment
1 Space per 5 people 1 Space per estab-
in designed capacity lishment
_ 3 Spaces per staff
doctor
1 Space per 2
employees on
largest shift.
None required
2 Spaces per estab-
lishment
Z-86
I
~,
~I
SECTION 1112 P40SILE HO REGUI~TIONS
1112.01 MOBILE HOMES: Notwithstanding the provisions of the
district regulations of this Ordinance, no mobile home shall be
parked and occupied in any district outside an approved mobile
home park for more than forty-eight (48) hours except upon a
special permit issued by the Zoning Administrator. Such permit
shall be issued for a -period not to _exceed thirty ( 30 ) days ,and
shall not be renewable within the same calendar year. Provided,
however, a permit may be issued for parking and occupying, during
the construction of a house thereon or for a period not exceeding
one hundred eighty (180) days and which shall be renewable for an
additional period not exceeding one hundred eighty (180) days.
However, if material progress with house construction is not made
within forty-five (45) days from the issuance of a permit, or if
construction work ceases for a consecutive period of forty-five
(45) days, said permit shall become void. If the mobile home is
being parked on the site waiting to be placed on and connected to
a permanent foundation the mobile home owner does not originally
need a permit. After thirty (30) days if the mobile home, has not
been placed on and connected to a permanent foundation, a permit
must be acquired in accordance with this section. This section
does not apply to single family mobile homes used as dwelling
units for agricultural related purposes, or on a permanent
foundation.
1112.02 MOBILE HOME PARKS: A mobile home park may be
established-in specified zoning districts according to the
procedures for granting exceptions, provided that the proposed
mobile home Bark meets all of the following requirements:
1. Certification of compliance with all ordinances and
regulations: regarding mobile home park licensing, zoning, health,
plumbing, electrical, building, fire prevention and all other
applicable ordinances and regulations shall be a prior
requirement for granting said exception:
2. Individual mobile home lots shall have an area of not less
than five thousand (5,000) square feet for single wide mobile
homes and six thousand (6,000) square feet for double wide mobile
homes, and the total number of lots per gross acre shall not
exceed six (6).
3. Planting of trees and shrubs is required to the extent needed
to provide for (a} screening of objectionable views, (b) adequate
shade, (c) a suitable setting for the mobile homes in the park as
well as neighboring uses.
4. A minimum of twenty-five (25) feet measured from any
entrance, lean-to or other extension from said mobile home shall
be maintained between mobile homes.
Z~87
3/94
~- .
5. A mobile home park shall have an area of not less than two =
(2) acres, nor more than ten (10) acres and no mobile home
parking or office or service building shall be closer to a street
right-of-way or ®ther property than twenty-five (25) feet.
6. A request for an exception shall set forth the location and
legal description of the proposed mobile home park property, and3
a sketch of the proposed mobile home park, showing dimensions, ~:
ro osed locations of mobile homes, the location of '`
driveways, p p
sanitary convenience and other buildings and improvements. ~,'
7. The area of the mobile home or trailer stand shall be
improved to provide an adequate and approved foundation for the
placement and tie-down of the mobile home or trailer, thereby
securing the super-structure against uplift, sliding, rotation,
or overturning,
The mobile home or trailer stand shall be on incombustible
materials and shall not shift or settle unevenly under the weight
of the mobile home or trailer due to frost action, inadequate
drainage, vibration or other forces acting upon the
superstructure. The mobile home or trailer stand may be provided
by means of a solid concrete footer block ( 1 6" x 16" x~ ~6"
minimum) placed on solid uniform soil with at least two standard
concrete blocks with cells placed vertically beside each other o n
the footer block. A solid ~" concrete cap covering the two
concrete blocks shall be provided as the bearing area to be
positioned directly beneath the steel frame of the mobile home or
trailer. Such blacking shall be provided along the full length
of the mobile home or trailer unit, spaced not more than ten (10)
feet apart, and not more than five (5) feet from the ends of the
unit.
8. The mobile home or trailer stand shall be provided with
anchors and tie downs such as cast-in-place concrete "dead men",
eyelets imbedded in concrete foundations or runways, screw
augers, arrowhead anchors or other devices securing the stability
of the mobile home. or trailer. The tie-dawn devices shall be
compatible with the foundation system provided for the mobile
home or trailer such that the tie-downs are designed to resist
the action of frost in the same manner as the foundation system.
9. The skirting of all mobile homes and trailers is required.
Such skirting shall not attach a mobile home or trailer
permanently to the ground, but shall be sufficient to withstand
wind load requirements and shall not provide a harborage for junk
or rodents, nor create a fire hazard. Such skirting shall be
provided with removable access panels sufficient to provide easy
access to all utility connection points of the mobile home or
trailer and its subsequent connection to the utility risers if
they are located within the skirted area.
Z-88
10. Licensing of ®Oand e1D 603 of then BlairbCitymCode~d in accord
with SECTION 10 602
w........I® t3~ .;~ C ~I ~OI~J D
A campground may be established in specified dirovid d tha.ttlthe
tv the procedures for granting an exception, p
proposed campground meets all of the following requirements:
1. A campground shall have an area of not less than one (1)
acre, nor more than five (5) acres, and no camping. unit or
service structure shall be clothanttwentyr fiver~25)hfeetay right-
of-way or other property line
2. A campground. shall provide
central travel trailer sanitary
refuse containers;
minimum facilities including
and water stations, toilets and
3. Certification of compliance with lumbinrdielectrical~
regulations regarding zoning, health, p g~
building, fire prevention and all other applicable ordinances and
regulations shall be a prior requirement for granting said
exception;
4. Individual. camping units, other than tents, shall ha~ae a lot
area of -not less t~a~nievenAhugrd® sd acr t sha110 not excee.ietwenty
the total number o P
(20);
5. Individual tent camping units shall be located in separate
areas designated for tent camping;
6. The layout of the campground shall ben au h to f t heater a al®i s
of the natural vegetatian and topog p Y
minimized; ~ .
7. A request far an exception shall set forth the location and
legal description off' the proposed campground property and a
sketch of the proposed campground showing dimensions, roads,
parking stations, location of services and any other buildings or
improvements;
$. Licensing of campgrou®f sthe Blaine CitypCoded in accord with
SECTION 10-602 and 10 603
Z-89
SECTION. 1114 SIGN REGULATIONS
1114.01 ON AND OFF-SITE SIGNS ON INTERSTATE. OF FEDERAL AID
PRIMARY HIGHWAYS. The erection or maintenance of any advertising
sign, display, or device which is visible to the traveled way of
the National System of Interstate and Defense Highways, and the
System of Federal-Aid Primary roads of the State of Nebraska as
defined by the Nebraska Department of Roads, is hereby prohibited
unless in compliance with the regulations set forth within Rules
and Regulations Relating to the Control of Advertising in Area
Adjacent to the Interstate and Federal-Aid Primary Highways; as
amended, adopted and published by the Nebraska Department of
Roads. A copy of these zoning regulations are on file in the
office of the City Administrator.
1114.02 ON AND OFF SIGNS NOT ON INTERSTATE OR FEDERAL AND
PRIMARY HIGHWAYS. Signs. shall be allowed in all districts,
however, signs in residential districts will be restricted to _
include only those signs approved by the Planning Commission.
1114.03 HOME OCCUPATION SIGNS. A Home Occupation Sign shall
not exceed two (2) square feet in area, be non-illuminated and
mounted flat against the wall of the principal building. _ -
SECTION 1115 PERFORMANCE STANDARDS FOR INDUSTRIAL USES
These performance standards shall apply as minimum standards _in
those districts where compliance with said standards is required. _
1115~.~1 LIMITED INDUSTRIAL PERFORMANCE STANDARDS: To Le`"~
permitted industrial use in ML Light Industrial and Manufacturing
District, whether as a permitted use or as an exception, such use
must meet the following performance standards:
(1) Physical Appearance: All operations shall be carried on
within an enclosed building except that new materials"or
equipment in .operable condition may be stored in the open.
Normal daily wastes of an inorgsuch containersa areenot readily ,
containers not'in a building when
visible from the street.
(2) Fire Hazard:_ No operation shall involve the use of flamma- ,
ble gasses, acid, liquids, grinding processes, or other inherent
fire hazard, except that such operation shall be allowed for such
flammable gases, acids, liquids, grinding processes, or other
inherent fire hazards if same are contained, stored, utilized,
processed, or restricted to a building or structure, or area or
portion of same that is so constructed as to be explosion proof .
No part of this section shall be construed as to prohi asses ewhen
of normal heating fuels, motor fuels, and welding g
handled in accordance with other City regulations. Notwithstand-
ing any other provision herein, such flammable gasses, acids,
liquids, and fuels may be stored outside of an explosion proof
building or structure so long as they are not located within 600
feet of a residentia anceruwith all Nebraska State F re Marshall
stored in full compli
Rules and Regulations.
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3/96
(3) Sewage and Liquid Wastes: No operation shall be carried on
which involves the discharge into a sewer, water course or the
ground of liquid wastes of any radioactive nature, or liquid
wastes of a chemical nature which are detrimental to normal
sewage plant operation or corrosive and damaging to sewer pipes
and installations.
(4) Air Contaminants: Air contaminants and smoke shall be less
dark than designated-Number One on the Ringleman Chart as
published by the United States Bureau of Mines, except that smoke
of a density designed as Number One shall be permitted for one
(1) four (4) minute period in each one-half (1/2) hour. Light
colored contaminants of such an opacity as to obscure an
observer's view to a degree equal to or greater than the
aforesaid shall not be permitted.
Particulate matter-of dust as measured at the point of emission
by any generally accepted method shall not be emitted in excess
of-two-tenths (.2) grains per cubic foot as corrected to a
temperature of f ive hundred (500) degrees Fahrenheit, except for
a period of four (4) minutes in any one-half (1/2) hour, at which
time it may equal but not exceed six-tenths (.6) grains per cubic
foot as corrected to a temperature of five hundred (500) degrees
Fahrenheit:
Due to the fact that the possibilities of air contamination
cannot reasonably bc- comprehensively covered in this section
there shall. be applied the general rule that there shall. not be
discharged from any sources whatsoever such quantities of air
contaminants or other material in such quantity as to cause
injury., detriment, nuisance or annoyance to any considerable
number of persons or to the public in general or to endanger the
comfort,. repose, health or safety of any such considerable number
of persons or to the public in general or to cause or have a
natural tendency to cause injury or damage to business,
vegetation or property..
(5) Odor: The emissions of odors that are generally agreed to
be obnoxious to any considerable number 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 Ordinance.
(6) Gasses: The gasses sulfur dioxide, hydrogen sulfide and
carbon monoxide shall not exceed five (5) parts per million. All
nitrous fumes shall not exceed (1) part per million.
Measurements shall be taken at the property line of the
particular establishment involved.
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unch presses and
(~) Vibration: All machines including P
in machines shall be so mountori as to minimize vibration
exceed a displacement of
stamp g ro erty
and in no case shall such of ban inch measured at th er mit ed.
three thousandths (3/1000)
line. The use of steam or broad hammers shall not be P en
such as welding arcs and op
{g) Glare and Heat: All glare, shall not'°be visible
furnaces, shall be shieldeN heat afromefurnaces or processing
from the property line. ro erty Line to the extent of
equipment shall be sensed at the p P
the temperature of air or materials more than five (5
raising
degrees Fahrenheit.
EpA and DEC standards pertaining to noise shall be met.
(9 ) All emitted
To be a p
1115.02 INDUSTRIA the RHLRHeavY Ind S~Dial and Manuf such use
industrial use in ermitted use or an exception, y
District, whether as a p
must meet the following performance standards;
auto wrecking and similar
(1) Appearance: Junk, salvage,
' ons shall be shielded from r t by meanse ofs a sturdy,
operate
adjacent properties in another d air, or two rows of alternate...
sight-obscuring fence in good rep
planted evergreen trees.
azard: All flammable substashalll be handledain
(2) Fire H
activity established in the d C aelpublished by the National
conformance with the Life Safety
tion Association. All. elements of SECTION 7 of the
Fire Protec lied with.
Blair Code shall be comp
uid Waste• No operation shall be carried on
(3) Sewage and Liq water course or the
which involves the discharge int radi active nature, or liquid
ground of liquid wastes of any
e of a chemical nature which are detrimental to normal sewa
damaging to sewer pipes and
avast
plant operation or_ corrosive an
installations.
Contaminants : Air contaminants and smo 1 emanl Chart eas
(q ) Air the Ring
nated Number one on except that smoke
dark than desig ermitted for an
published by the United States Bureau ° shall be p if 1/2) hour.
of a density designated as Number Two
re ate ten (10 ) minute period in each one as to (obscure an
agg g achy the
Light colored contaminantsref equaloto or greater than
observer's view to a ermined.
aforesaid shall not be p Dint of emission
Particulate matter °r ted methodashall nottbe emcorr cted to sa
by any generally accep
2 rains per ae~Ees Fahrenheit, except for
of two-tenths ( • ) g 500)
temperature of five hundred ( Z_92
3/96
a period of four (4) minutes in any one-half.(1/2) hour, at which
time it may equal but not exceed six-tenths (.6} grains per cubic
foot as corrected to a temperature of five hundred (500) degrees
Fahrenheit.
Due to the fact that the possibilities of air contaminants cannot
be comprehensively covered in this section there shall be applied
the general rule that there shall not be discharged from any
source whatsoever such quantities of air contaminants or other
material in such quantity as to cause injury, detriment, nuisance
ar annoyance to any considerabie 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 the general
public or to cause or have a natural tendency to cause injury or
damage to business, vegetation or property.
(5) Odor: Odor causing operations shall be controlled so as to
reduce escape of odors to the minimum practical within the limits
of technology and economics.
(6) Gasses: All noxious gasses shall be controlled to the
extent that they will not be injurious to life and property.
The gasses sulfur dioxide and hydrogen sulfide shall not exceed
five (5) parts per million, carbon monoxide shall not exceed
twenty-five (25.) parts per million, and nitrous fumes shall not
exceed five (5) parts per million. All measurements shall be
made at the property line. unch resses and
(7) Vibration: All machines including p p
stamping machines shall be mounted so as to minimize vibration.
Vibration shall na% b~ so excessive that it interferes with
industrial operations on nearby lots.
(8) All EPA and DEC standards pertaining to noise shall be met.
SECTION 1116 SPECIAL CONDITIONS AND REQUIREMENTS FOR RESIDENTIAL
CONDOMINIUMS..
1116.01 The following conditions and requirements shall be
required for ail residential. condominiums. and shall supersede any
other requirements or conditions directly in conflict with the
following requirements.
1116.02 MINIMUM LOT AND HEIGHT REQUIREMENTS: All height and lot
area requirements in the primary zoning district shall apply
except as follows when a conditional use permit is granted for
the placement of a residential condominium:
1.' Lot area requirements shall be reduced by fifty (50) percent,
and each lot owner shall receive credit for his prorata share of
common ground.
2. Side yard and rear yard requirements shall be zero, but only
in the event that such side or rear iot line is abutted by an
adjoining structure or is abutted by a common ground of a width
or depth of at least that required for a side yard or a rear yard
in the primary zoning district.
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1116.03 OTHER APPLICABLE PROVISIONS: j
1. A minimum of two (2) off-street parking spaces per dwelling
unit shall be located on the same lot.
2. Any dwelling with a zero side yard or rear yard shall have no
on that side abutting the lot lines unless that side
openings
abuts common ground.
3. Only one (1) building for living purposes shall be permitted
on a lot. {
Z-93(A)
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ARTICLE 12: NONCONFORMANCE USES
SECTION 1201 I T~ T
~dithin the zoning districts established by this Ordinance or
amendments that may be adopted ,later, there exists (1) lots, (2)
structures, (3) uses of land and structures, and (~)
characteristics of use which were lawful before this Ordinance
was passed or amended, but which would be, prohibited, regulated;
or restricted under the terms of this Ordinance or f»ture
amaendment, it is the intent of this Ordinance to permit these
non-conformities to continue until they are removed, but not to
encourage their survival. It is further the intent of this
Ordinance that non-conformities shall not be enlarged upon,
expanded or extended, nor be used as grounds for adding other
structures or uses probibited elsewhere in the same district.
Non-conforming uses are declared by this Ordinance to be
incompatible with permitted uses in the zoning districts
involved. Anon-conforming use of structure, a non-conforming
use of land, or a non-conforming use of structure and land in
combination shall not be extended or enlarged after passage
of this Ordinance by attachment on a building or premises of
additional signs intended to be seen from off the premises, or by
the addition of other ~,ses, of a nature which would be prohibited
generally in the zoning district involved.
To avoid undue hardship, nothing in this Ordinance shall be
deemed to require a change in the plans, construction br
designated use of any building on which actual construction was
lawfully begun prior to the effective date of adoption or
amendment of this Ordinance and upon which actual building
construction has been carried on diligently. Actual
construction is hereby defined to include the placing of
construction materials in permanent position and fastened in a
permanent manner. Where excavation or demolition or removal of
an existing building has been substantially begun preparatory tv
rebuilding, such excavation or demolition or removal shall be
deemed to be actual construction, provided that work shall be
carried on diligently.
Z-94
SECTION 1202 ROM-COMFORMlIRG LOTS OE RECORD
In any zoning district in w dwcelling land acustomarycaecess®ry
permitted, a single-family
buildings may be erected on any single lot of record at the
effective date of adoption or amendment of this Ordinance,
notwithstanding limitations imposed by other provisions of this
Ordinance. Such lot must be in separate ownership and not of
continuous frontage with other lots in the same ownership. This
prevision shall apply even though such lot fails to meet the
requirements for.area or width or both that are generally
applicable in the district, provided that yard dimensions and
requirements other than these applying to area or width, or both,
of the lot, shall conform to the zoning regulations for the
district in which such lot is located. Variance of yard
requirements shall be obtained only through action of the City
Board of Zoning Adjustment.
If two (2) or more lots or combinations of lots and portions of
lots with continuous frontage in single ownership are of record
at the time of passage or amendment of this Ordinance, and if all
or part. of the lots do not meet the requirements establisned for
lot width and area, the land involved shall be considered to be
an undivided parcel for the purpose of this Ordinance and no
portion of said parcel shall be used or sold in a manner which
diminishes compliance with lot width and area requirements
established. by this Ordinance, nor shall any division of any
parcel be made which creates a lot with width or area below the
requirements stated in this Ordinance.
SECTIOR 1203 H0~!-COldFORMIRG USES OF LARD ~TITH MIROR STRUCTURES
ONLY
Where, at the time of passage of this Ordinance, lawful use of
land exists which would not be permitted by the zoning
regulations imposed by this Ordinance, and. where such use
involved no individual structure with a replacement cost.
exceeding one thousand dollars ($1,000), the use may be continued
so long as it remains otherwise lawful, provided:
1. If any such non-conforming use of land ceases for any reason
for a period of more than one t1) year, any subseq»ent use of
such land shall conform to the regulations specified by this
Ordinance for the zoning district in which such land is located.
2. No additional structure not conforming to the requirements of
this Ordinance shall be erected in connection with such non-
conforming use of land.
Z®95
3. Provided, however, that no such non-conforming use shall be
allowed to continue longer than for a period of five (5) years
from the date of.passage of this Ordinance. At the end of said
five (5) year period, such non-conforming use of land or land
with minor structures shall be terminated. Provided, however,
all non-conforming signs, billboards, and junk yards shall be
terminated, or otherwise made to conform to the provisions of
this Ordinance within two (2) years from the date of passage of
this Ordinance. '
4. No such non-conforming use shall be moved in whole or in part
to any portion of the lot or parcel other than that occupied by
such use at the effective date of adoption or amendment of this
Ordinance.
5. No such non-conforming use shall be enlarged or increased,
nor extended to occupy a greater area of land than was occupied
at the effective date of adoption or amendment of this Ordinance.
SECTION 1204 NON CONFORMING-STRUCTURES
Where a lawful structure exists at the effective date of adoption
or amendment of this Ordinance that could not be built under the
terms of this Ordinance by reason of restrictions on area, lot
coverage, height, yards, its location on the lot, or other
requirements concerning the structure, such structure may be
continued so long as it remains otherwise lawful, subject to the.
following provisions:
1. No such non-conforming structure may be enlarged or altered
in a way which increases its non-conformity, but any structure or
portion thereof may be altered to decrease its non-conformity.
2. Should such non-conforming structure or non-conforming
portion of structure be destroyed by any means to an extent of
more than fifty (50~ percent of its replacement cost at time of
destruction, it shall not be reconstructed except in conformity
with provisions of this Ordinance.
3. Should such structure be moved for any reason for any
distance whatever, it shall thereafter conform to the regulations
for the district in which it is located after it is moved.
U. Provided, however, that except for single-family and multi-
family dwellings and their accessory uses, no non-conforming
structure shall be allowed to continue longer than for a
reasonable amortization period of the non-conforming structure.
For the purposes of this section, a reasonable amortization
period shall be defined as a .period of thirty (30) years from the
date of adoption of this Ordinance. Following the running of the
amortization period, such non-conforming structure shall be
removed or brought into conformance.
Z-9fi
5. Provided, however, that no non-conforming mobile home
structure which is not placed on a permanent foundation at the
effective date of adoption or amendment of this Ordinance shall
be allowed to continue longer than for a reasonable amortization
period of the non-conforming structure. No mobile non-conforming
home structure which occupies a lot upon which there exists
another principal structure shall be allowed to continue longer
than for a reasonable amortization period of the non-conforming
structure. For the purpose of~this section, a reasonable
amortization of ten (10) years from the date of adoption of this
Ordinance. Following the running of the amortization period,
such non-conforming structure shall be removed or otherwise
brought into conformance.
SECTION 1205 NON-CONFORMING USES OF STRUCTURES OE OF STRUCTURES
A?dD PREA9ISES IN COMBINATION
If lawful use involving individual structures with a replacement
cost of-one thousand dollars ($1,000), or more, or of structures
and premises in combination, exists at the effective date of
adoption or amendment of this Ordinance, that would not be
allowed in the zoning districts under the terms of this
Ordinance,. the. lawful. use may be continued so long as it -remains
otherwise lawful, subject to the following provisions:
1. No existing. structure devoted to a use not permitted by this
Ordinance in the district in which it is located shall be
enlarged, extended, constructed, reconstructed, moved or
structurally altered except in changing the use of the structure
to a use permitted in the zoning district in which it is located.
2. Any non-conforming use may be extended throughout any parts
of a building yr area which were manifestly arranged or designed
for such. use at the. time of adoption or amendment of this
Ordinance, but no such use shall be extended to occupy any land
outside such building or area.
3. If no structural alterations are made, any non-conforming use
of a structure, or structure and premises, may as an exception,
be changed to another non-conforming use provided that the City
Planning Commission or the City Council either by general rule or
by making findings in the specific case, shall find that the
proposed use is equally appropriate or more appropriate to the
zoning district than the existing non-conforming use. In
permitting such damage, the City Planning Commission or the City
Council may require appropriate conditions and safeguards in
accord with the provisions of the Ordinance.
u. Any structure, or structure and land in combination, in or on
which a non-conforming use is superseded by a permitted use,
shall thereafter conform to the regulations for the zoning
district and the non.-conforming use may not thereafter be
resumed.
Z-47
5. When a non-conforming use of a structure, or structure and
premises in combination, is discontinued or abandoned for
twelve (12) consecutive months except when government action
impedes access to the premises, the structure, or structure and
premises in combination, shall not thereafter be used except in
conformity with the regulations of the zoning district in which
it is located.
6. Where non-conforming use status applies to a structure anal
premises in combination, removal or destruction of the structure
shall eliminate the non-conforming status of the land..
Destruction for the purpose of this subsection is defined as
damage to an extent of more than fifty (50) percent of the
replacement cost at time of destruction.
7. Provided, however, no such non-conforming use of a structure
or structure and premises in combination shall be allowed to
continue longer than for a period of thirty (30) years from the
date of passage of this prdinance or at the end of said thirty
(30) year period, such non-conforming use of a structure and
premises in combination shall be terminated.
SECTION 1206 REPAIRS AMD MAIIITENAItCE
On any non-conforming structure or portion of a structure
containing a non-conforming use, work may be done if any period
of twelve (12) consecutive months on ordinary repairs, or on
repair or replacement of non-bearing walls, fixtures, wiring, or
plumbing, to an extent not exceeding twenty-five (25) percent of
the current replacement cost of the non-conforming structure or
non-conforming portion of the structure as the case may be,
provided that the cubic content existing when it became non-
conforming shall not be increased.
If a non-conforming structure~or portion of a structure
containing a non-conforming use becomes physically unsafe or
unlawful due to lack of repairs and maintenance, and is declared
by any duly authorized official to be unsafe or unlawful by
reason of physical condition, it shall not thereafter be
restored, repaired, or rebuilt except in conformity with the
regulations of the district in which it is located,.
Nothing in this Ordinance shall be deemed to prevent the
strenghtening or restoring to a safe condition of any building or
part thereof declared to be unsafe by any official charged with
protecting the public safety upon order of such official.
Z-98
SRCTION ]207 IJSES UNDER EXCRPTIONS, PROVISIONS NOT NON-
CONPORMING tJSES
Any rise which is permitted as an exception in a zoning district
under the terms o£ this Ordinance, shall not be deemed a non-
conforming use in such zoning district, but shall, without
acY.ion, be considered a conforming use.
SRCTION 1208 NONCONFORMING USES, LIMITED EXTENSION OF NONPERMA-
NANT NAT(JRES .
Notwithstanding any other provisions of Article 12, the City
Counr.il may by a nonconforming use permit, after public hearing
and referral to a recommendation from the Planning Commission,
authorize and permit an extension of a nonconforming use where
the following conditions and criteria are met.
A. Such extension must be temporary in nature and may be removed
or discontinued without-any alteration of the premises, and that
no permanent improvements are made to or placed on the premises
. except as are allowable as a permitted use within the existing
district designation.
B. No structure as defined by the municipal building code may be
constructed except as is allowable as a permitted use within the
existing district designation.
C. Any such tempor.ar.y extension shalt be on the same terms and
conditions as the nonconforming uses. Any temporary extension
permit shall terminate at the earlier of the termination of the
original nonconforming use or a time period specified in the
terms of the permit. The applicants shall enter into a written
agreement acknowledging a.ll conditions and terms of the permit.
The agreement shall be binding upon the heirs, personal represen-
tatives,, successors, grantees, and assigns of the applicant.
D. The City Council may also subject such extension to any and
a]] other conditions as may be necessary considering the .location
and characteristics of the use and shall not grant such extension
if it is detrimental to the health, safety, morals, and general
welfare of the area.
R. The extension of: t}~e nonconforming use shall be for no other
use other than as the original nonconforming use.
F. All other conditions and requirements of the current zoning
regulations must be complied with and met in their entirety.
G. The use may not he extended to lands or premises putside of.
the boundary of the tract which existed for the nonconforming use
at the time such use became nonconforming.
SRCTION 1208.01 APPLICATION REQUIREP4ENT. A request for such
nonconforming use permit may be initiated by the property owner
or his attorney by f.i.li.ng an application with the City location
trator upon forms prescribed for the purpose. The app
and procedure for hearing same shall be the same as set forth
under Article 16 of the Zoning Regulations. The application
shall pay and the application must be accompanied by a nonrefund-
able application fee. Said fee shall be set and determined from
Circe to~ti.me as deemed necessary by the Mayor and City Council by
resolution, and shall be appended to the Municipal Code as part
of an appendix for permit, license, and application fees.
Z-99
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ARTICLE 13. CITY BOARD OP ZONING ADJUSTMENT
SECTION 1301 CREATION, TERMS, MEETING, AND RULES
A].1 requirements of Chapter 2-3 of the Blair City Code shall be
satisfied.
SECTION 1302 ADDITIONAL REQUIREMENTS
In addition to the immediately above, the following shall be
included as requirements, administrative duties and conditions of
the City Board of Zoning Adjustments.
1302.01 REQUIREMENT ms Rof Rthis OrdP nance shallNnotObelgranted by
variance from the ter
the City Board of Zoning Adjustment unless and until a `0 thatn
application for a variance is submitted demonstrating
special conditions and circumstances exist which are peculiar to
the land, structure, or building involved and which are not
applicable to other .lands, structures, or buildings in the same
district-; that literal interpretation of the provisions oe joyed
Ordinance would dPSrinetheesameldistrict understhemterms of this
by other properti
Ordinance; that L-he special conditi°cantndandrthattgranting the
result from the actions of. the app licant any special.
variance requested will not co this Ordinance to other land,
privilege that is denied by
structures, or buildings in the same district.
1.302.02 EFFECT OF NON-CONFORMANCE: No non-conforming use of
structures, or buildings in the same district',
neighboring 1-ands, use of lands, structures, or
and no permitted or non-conforming
buildings in other districts shall be considered grounds for the
issuance of a variance.
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1302.03 PUBLIC fiEARJNG AND FINDINGS OF THE BOARD: ThP City
Board of Zoning Adjustment shall hear and determine appeals from
or other matters referred to it regarding the application of this
Ordinance. The Berard shall f.ix a reasonable time for the hearing
of an appeal or any other matter referred to it. Notice of the
time, place and subject of such hearing shall be published once
in the official City newspaper at least of ns (id )notice shall be
the date fixed for the hearing. A copy
mailed to the applicant, all owners of land within 100 feet of
the property in question and to the Planning Commission. Any
party may appear in person or by agent or by attorney; the City
Board of ?.oning Adjustment shall make findings that the
requirements of this section have been met by the application for
a variance; the Board shall further make a finding that the
• ranting of the
reasons set forth in the application ,Justify the g
variance and that the variance is t}ie minimum variancA-that ~.c11
make possible the reasonable use of the land, building,
structure; the Board shall Further make a finding that the
granting of the variance shall be in harmony with the general
purpose and intent: of this Ordinance and will not be injurious to
the neighborhood, or otherwise detrimental to the public welfare.
1302.04 CONDITIONS IMPOSED: In granting any variance, the City
Board of Zoning Adjustment may prescribe appropriate conditions
and safeguards in conformity with this Ordinance Violation of
such conditions and safeguards, when made a part of the terms
under which the Ordinance and punishable under SECTION 1602 of
this Ordinance.
1302.05 USE VARIANCES: Under no circumstances shall the City
Board of Zoning Adjustment grant a variance to allow a use not
permissible under the terms of this Ordinance in the district
involved, or. any use expressly or by implication prohibited by
the terms of this Ordinance in said district.
1302.06 APPLICATION REQ[JIRPMENTS: An application for a variance
shall be in .writing and made upon forms supplied by the City far
such purpose. The application shall be accompanied by (1) a
scale drawing of the area for which the variance is requPSted,
together with the dimension thereof, lot or boundary locations
the location of all existing and proposed improvements or
structures, and (2) a certified list of all titled owners of
record and their current addresses of all owners of land within
100 feet of ttie property in question. The applicant shall pay
and the application must he accompanied by a nonrefundable fee.
Said fee shall be se L' aid determined from time to time as deemed
necessary by the Mayer and City Council by resolution~endi.x sforl
be appended to t:he Municipal Code as part of an app
permit, license, and application fees.
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ARTICLE l4. CONDITIONAL USES PERMITTED BY SPECIAL REVIEW
SECTION 1401 GENERAL POWERS
The City Council may by conditional use permit after a Public
Hearing and referral to a recommendation from the Planning
Commission, authorize and permit conditional uses that are
designated in the district use regulations if it is found that
the location and characteristics of the uses will not be
detrimental to the. health, safety, morals, and general welfare of
the area.
Allowable conditi.ona.l uses may be permitted, enlarged, or altered
upon application for a conditional use permit in accordance with
the rules and procedures of this Ordinance. The City Council may
grant or deny a conditional use permit in accordance with the
intent and purpose of this Ordinance: In granting a conditional
use permit, the City Council will authorize limitations and shall
prescribe and impose appropriate conditions, safeguards, and a
specified time limit. for the performance of the conditional use
permit.
SECTION 1402 APPLICATION REQUIREMENTS
A request for a conditional use permit may be initiated by a
property owner or his attorney by filing an application with the
City Administrator upon forms prescribed for the purpose. The
application shall be accompanied by drawings or a site plan and
other such plans and data showing the dimensions, arrangements,
description data, and other materials constituting a record
essential to an understanding of the proposed use in relation to
the provisions set forth herein. The applicant shall submit and
the application must be accompanied with a nonrefundable applica-...
lion fee. Said fee shall be set and determined from time to time.
as deemed necessary by the Mayor and City Council by resolution,
and shall be appended to the Municipal Code as part of an appen-
dix for permit, license, and application fees.
The application shall be accompanied by a certified list of the
names and addresses of all persons which are thWrittendnotices
owners of land within 100 feet of the property.
shall be given to all owners of land within 100 feet of the
property. Such owners shall have ten daps from the date of
notification to notify the City Administrator of any protests
which they may have concerning the application.
SECTION 1403 RULES GOVERNING $XCEp~IONS
The Planning Commission shall put its findings and
recommendations in writing which state the extent of compliance
with the specific rules governing individual exceptions and the
extent that satisfactorg provision alicablengandnsubmit bthem mtoe
concerning the followin where app
the City Council:
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SECTION 1403.01 ACCESS ingress and egress to property ,and
proposed structures thereon with particular
reference to automotive and pedestrian safety
and convenience, traffic flow and control, and
access in case of fire or catastrophe;
SECTION 1403.02 PARKING off®street parking and loading areas
articular attention to
with
d
p
,
where require
the items in (1) above and the noise, glare,
odor or economic effects of the exception on
erties and properties generally
adjoining prop
in the district;
SECTION 1403.03 SERVICE refuse and service areas, with
the items in ( 1 ) and
t
o
particular reference
(2) above;
SECTION 1403.0.4 UTILITIES, with reference to location,
availability, and compatibility;
SECTION 1403.05 SCREENING and buffering with reference to
type, dimensions, and character;
SECTION 1403.06 SIGNS, if an n
aeffic safetyg
a t
pr
n
r
lare
to
ce
with refere g
economic effect and compatibility and harmony
with properties in the district;
SECTION 1403.07 YARDS required yards and other open space;
SECTION 1403.08 COMPATIBILITY general compatibility with
adjacent properties and other property in the
district.
SECTIO~t 1404 CITY COUNCIL PUBLIC. HEARING, CONSIDERATION AND
PROCEDURE
Before issuance of any conditional use permit, the City Council
will consider the application for the conditional use permit
together with the recommendations of the Planning Commission at a
public hearing held within thirty (30) days or a reasonable time
after the filing of the application and after prior notice of the
time, place, and purpose of the hearing has been given by
publication in a legal paper of general circulation in the City
of Blair, one time at least ten (10) days prior to such hearing.
The concurring vote of three fourths of the members of the City
Council shall be necessary to grant a conditional use permit.
z®1o3
SECTION 1405 EXPIRATION 0~ CONDITIONAL USE PERMITS
No order of the City Council granting a conditional use permit
shall be valid for a period longer than twelve months from the
date of such order, unless the City Council specifically grants a
longer period of time upon the recommendation of the City
Planning Commission.
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ARTICLE 15. ADMINISTRATIVE PROCEDURE AND ENFORCEMENT
SECTION 1501 DU?IES OF ADMI ISTRTIYE OFFICIAL, BOARD OF ZO ING
ADJUSTMENT, AND COURTS OA MATTERS OF APPEAL
An administrative official, who shall be known as the Zoning
Administrator and who shall be designated by the City Council,
shall administer and enforce this Ordinance. He may. be provided
with the assistance of such other persons as the City Council may
direct.
If the Zoning Administrator shall find that any of the provisions
of this Ordinance are being violated, he shall notify in writing
the person responsible for such violations, indicating the nature
of the violation and ordering the action necessary .to correct it.
He shall order discontinuance of illegal use of land, buildings,
or structures; removal of illegal buildings or structures ~or of
illegal additions, alterations, or structural changes;
discontinuance of any illegal work being done; or shall take any
other action authorized by this Ordinance to insure compliance
with or to~prev~ent violation of its provisions.
SECTION. 1503 BUILDING PERMITS REQUIRED
All requrement~s~of Section 9-104 through 9-108 of the Blair City
Code shall. be satisfied.
SECTION 1504 APPLICATION FOR BUILDING PERMIT
In addition to all requirements of. Section 9-106 through 9-108 of
the Blair City Code, all applications for building permits shall
be accompanied by plans .in triplicate drawn to scale, showing the
actual dimensions and shape of the lot to be built upon; the
exact sizes and locations on the lot of buildings already
existing, if any; and the location and dimensions of the proposed
building. or alteration.
The application shalt include such other information as lawfully
may be required by the. Zoning Administrator, including existing
or proposed building or alterations; existing or proposed uses of
the building and land; the number of families, housekeeping
units, or rental units the building is designated to accomodate;
conditions existing on the lat; and such other matters as gay be
necessary to determine conformance with, and provide for the
enforcement of this Ordinance.
Z-105
One copy of the plans shall be returned
Zoning Administrator raved andsattestede
as approved or disapp
such copy If a b~~ilding permit
to the applicant by the
marked such copy either
to
is
on
Administrator shall state the reasons
writing. The original and one copy of
marked, shall be retained by the Zoning
issuance of a building permit, shall, in no
waiving any provisions of this Ordinance.
same by his signature
refused, the Zoning
for such refusal in
the plans, similarly
Administrator. The
case, be construed as
SEC?ION 1505 CER?IFICATES OF ZONING COMPLIANCE FOR NEK, ALTERED
OR NON®ALTERED OR NON-CONFORMING USE
No non-conforming structure orcertificateeofazoningecompliance
changed, or extended until a
shall have been issued by the Zoning Administrator. The
certificate of zonin8 use pdiffers hfromstthe provisionsy of ethis
the non-conforming
Ordinance provided, that within six (6) months of the enactment
or amendment of this Ordinance, the Zoning Administrator sha l
notify in writing the owners or occupants of non-conforming uses
or structures that the uses or structures are in non-conformance
with the provisions of this Ordinance and that a certificate. of
zoning compliance is required. Failure by the Zoning
Administrator to make such notification within six (6) months
shall be presumptive evidence that the property was in conform~i.ng
use at the time of enactment or amendment of this Ordinance.
No permit for erection, alteration, moving or repair of any
building shall bP issued until an application has been made far a
certificate of zoning compliance, and the certificate shall be
issued in conformity with the provisions of this Ordinance upon
completion of the work.
A temporary certificate of zoning ~com pliance may be issued by the
Zoning Administrator for a period not exceeding six (6) months
during alterations or partial occupancy of a building pending its
completion, provided that such temporary certificate may include
such conditions and safeguards as will protect the safety of the
occupants and the public.
The Zoning Administrator shall maintain a record of certificates
of zoning compliance and a copy shall be furnished ~~pon request
to any person. Failure to obtain a certificate of zoning
compliance shall be a violation of t-his Ordinance and punishable
under SECTION 1602 of this Ordinance.
Z-106
SECTION 1506 CONSTRUCTION AND USE
APPLICATIONS, PLANS, PERMITS, ANb
COMPLIANCE ,
~0 ~~ AS pRbVIbEb IN
CERTIFICATE OF ZONING
Building permits issued on the basis of puns 2nd applications
approved by the Zoning Administf'atbr authoi^i2e only the u9p,
arrangement and construction set forth in such approved plans and
applications, and no other use, arrAngetnpnt or cbnsts-u~ti®fl.
Use, arrangement or construction at vari2noe with that aiathorii2d
shall be deemed a violation of this Ordiri2nce, and punishable as
provided by SECTION 1602 hereof.
SECTION 1507 NE1~ BUILDINGS ON UNAPP~OVEb S°~REETS
No building permit shall be issued £or, br no building shall be
erected on-any lot within the jurisdiction of this.. Ordinance
unless the street giving access tv the lot upon Which said
building is proposed to be placed shall be accepted or opened as,
or shall have otherwise received the 1eg21 status of, 2 public
street prior to. that time, or unless such stt'a2t corre9pbad9 in
its loca:t~ion.and lines with a street shown on a subdivision plat
approved-by~.the City Council. Any building erected in violation
of this section shall. be deemed an ufilawful structure and the
City may bring action to enjoin suoh erection or cause it tb be
vacated ors removed.
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ARTICLE 16. AMENDMENT
SECTION 1601 GENERAL
The City Council may from rime to time supplement, change or
generally revise the boundaries or regulations contained in this
Ordinance by amendment. A proposal for such amendment may be
initiated by the City Council, Planning Commission or upon appli-
cation of the owner of the property affected. The applicant shall
pay and the application must be accompanied by a nonrefundable
application fee. Said fee shall be set and determined from time
to time as deemed necessary ended hto Mthe rMun d ipaly Coden asl part
resolution, and shall he app
of an appendix for permit, license, and application fees:
Any revisions of boundaries, changes in zoning or appending of
special districts sha].1 be allowed only to entire and complete
lots or tracts of land and shall not be granted to partial or
portions of lots and tracts of land.
SECTION 1602
A1.1 such proposed amendments shalat~.on sand er portine Upon the,
Planning Commission for recommend
development of tentative recommendations, the Planning Commission
shall hold a public hearing thereon and shall cause an accurate
written summary to be made of the proceedings, and shall give
notice in like manner. as that reall rfax fthe tome randnplacenfog
recommendations. Stich notice sh the proposed
such hearing and contain a statement regarding
changes in regulations or restrictions or in the boundary of :any
district.
If such proposed amendment is not a general revision of an~
existing provision of this Ordinance and will not affect specif=ic
property, it shaJ.l be designated.by legal description and general
street locatian and in addir.ion to such publication notice,`
written notice of such proposed three mhundred 1(300)mfeetd of then
owners of lands located with.t ortunity granted to
area proposed to be altered and an opp
interested parties to be heard. ''
The applicant shall provide to the City a certified list of the
title owners of record with current addresses of all lands u
located within such three hundred, (300) feet of the area proposed
to be altered. The cert.ifi.ed list shall be filed at the same
time as the application.
SUBMISSION TO PLANNING COMMISSION
7-1.0$
7/93
Failure to receive such notice shall not invalidate any
subsequent action taken. Such notice shall be considered
sufficient to permit the Planning Commission to recommend
amendments to regulations which affect only a portion of the land
described in the notice or which give all or any part of land
described a zoning classification of lesser change than that set
forth in the notice; provided, that recommending a zoning
classification of a greater change than that set forth in the
notice shall not be valid without republication and, where
necessary, remailing.
SEC?IO 1.603 AP9EMDMENT COAiSIDERA~IOI~ AAdD ADOP'TIOM
The`pr_oce.dur_e_for__.the consider_ation_and adoption-of any such
proposed amendments shall be in like manner as that required for
the- consideration. and adoption of this Ordinance except
hereinbefore or hereinafter modified. For action on zoning
amendments., a quorum of the. Planning Commission is more than one-
ha.lf (1/2) of all members. A vote either for or against an
amendment by a majority of all the Planning Commission is more
than .one-half (1/2) of all the members. A vote either for or
against an.amend:ment by a majority of all the Planning Commission
members pres.en't~ constitutes a recommendation of the commission;
whereas a.vote~eithe.r for or against an amendment by less than a
majority of the Planning Commission present constitutes a fai~ure
to recommend.
When thee.Planning Commission submitsa recommendation of approval
or disapproval of such amendment, the City Council, if it
approves such: recommendation, may either adapt such
recommendation~.by Ordinance or take no further action thereon as
appropriate. In the event the. Planning Commission submits a
failure to recommend, the City Council may take such action as it
deems appropriate. If such amendment shall affect the boundaries
of any district, the Ordinance shall define the change or the
boundary as amended, shall order the Official Zoning Map to be
changed to reflect such amendment and shall amend the section of
the Ordinance incorporating the same and reincorporate such Map.
as amended.
Z-109
SECTION 1604 PROTEST
Regardless of whether or not the Planning Commission approves or
disapproves a proposed zoning amendment or fails to recommend, if
a protest against such amendment be filed in the office of the
City Clerk prior to hearing thereon before the City Council, duly
signed and acknowledged by the owners of twenty percent (201;) or
more of any real property proposed to be rezoned or by the owners
of twenty percent (201;) of the total area excepting public
streets and ways, located within or without the corporate limits
of the municipality and located within three hundred (300) feet
of boundaries of the property proposed to be rezoned, the
Ordinance adopting such amendment shall not be passed except by
at least three-fourths (3/4) vote of .all members of the -City
Council.
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ARTICLE 17. COMPLAINTS, PENALTIES, REMEDIES
SECTION 1701 COpgPLAINTS REGARDIriG VIOLATIONS
Whenever a violation of this Ordinance occurs, or is alleged to
have occurred, any person may file a written complaint. Svch
complaint stating fully the causes and basis thereof shall be
filed with the Zoning Administrator. He will immediately
investigate, and take action thereon as provided by this
Ordinance.
SECTION 1702 PENALTIES
The owner, lessee, or agent of a building or premises in or upon
which a violation of any provisions of this Ordinance has been
committed or shall exist or lessee or tenant of an entire
building or entire premises in or upon which such violation shall
exist, shall be guilty of a misdemeanor and-shall be punished by
a fine nat to exceed one hundred dollars ($100) for any one
offense recoverable with costs.. Each and every day that such
violation cont:ina.es after notification shall constitute. a
separate offense.
Any architect, builder., contractor, agent or other personn who'
commits, participates in, assists in or maintains such violation
may each be found guilty of a separate offense and suffer the.
penalties herein provided.
Nothing herein contained shall prevent the reventromr remedysany
other lawful action~as is necessary t.o p
violation.
SECTION 1703 REMEDIES.
In case any building or str.uctu.re is erected, constructed,
reconstruted, altered, repaired, converted, or' maintained. or any
building, structure- or land i.s used in violati..on o.f this
Ordinance the appropriate authorities of the City may institute
any appropriate actian or proceedings to prevent s»ch 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.
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ARTICLE 18 LEGAL STATUS PROVISIONS
SECTION 1801 SEPARABILIT7
Should any article, section or provisions of this Ordinance be
declared by the courts to be unconstitutional or invalid, such
decision shall not affect the validity of this Ordinance as a
whole, or any part thereof other than the part so declared to be
unconstitutional or invalid.
SECTION 1802 PURPOSE OF CATCH HEADS
The catch heads appearing in connection with the foregoing
sections are inserted simply for convenience, to serve the
purpose of any index and they shall be wholly disregarded by any
person, officer, court or other tribunal in construing the terms
and provisions of .this Ordinance.
SECTION 1803 REPEAL OF CONFLICTING ORDINANCES
All Ordinances or parts of Ordinances in conflict with this
Ordinance are hereby repealed to the extent necessary to give
this Ordinance full force and effect.
SECTION 1804 EFFECTIVE DATE
This .Ordinance shall take effect and be in force from and after
its passage and publication according to law.
~2 ss e d S. ~y!_ ~~~
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si `j,;
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Z-112
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NOTES
1. S•FP shown
See Official
for details.
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asp ~~-------.----~' ZONIN '' MAC
Flood Map
8LA1~ , ~'~I C~~ SAjf'`~/'~
~. +=or zones within ~- ~ ~ o
see Zoning Map 1.