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Zoning Regulations 1981-1997C.~ TY' +C~F ~,~A, .~R ~t?1vING RE~~l.~~~'IC~N' 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. Z®3 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. -~ --~ z-u 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. ~°5 _~ 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._ Z-6 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. Z-? --°~. (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; Z-8 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. Z-9 6/91 (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. ~-.. ,. --~ Z-ZO 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". Z-10(A) 7/93 (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. Z-11 3:/.9!~ (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. =1 (39) DISTRICT shall be defined as meaning a zoning district established by these regulations.. I Y, ~ (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. Z-12 3/94 (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. Z-13 3/94 (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. Z°14 3/~G ~. {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. Z-15 6/91 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, Z-16 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. Z-Z7 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. Z-18 F/91 (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. Z-19 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. Z-21 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. Z-22 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; Z°31. 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. Z-33 2/13/9~G 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. Z-34 ~. ARTICLE 6. RESERVED Z-35 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. Z-37 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. Z-42 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; Z-44 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. Z-45 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. Z-46 ~--~ 3/94 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; Z-47 3/94 (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. Z-48 3/94 (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. Z-49 3/9~+ ~( jl 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, Z-50 3/~4~ 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 Z-51 4/9~ (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. Z-52 4/95 (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 Z-53 4/95 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 Z-53(A) 4/95 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. Z-53(B) 4/9~ '-'~ 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 z-Su 11/92 ~. 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 Z-55 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 Z-56 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: Z-57 4/10/90 (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. Z-58 4/10/90 802.11 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 ~-59 6/91 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. Z-63 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. Z-64 9/93 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. Z-66 3/94 901.06 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. .•,~ I ~~`~ ,. , , (i .4 i I .1 •~ ; ~, . ~, . ,, , .... ., ,;,, ., t• ,~ r~• ,' ,~ .., • ~ -~-~ .,~ ~ ,. . ' ~ Z-70' "- _ 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. Z-80 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. Z-90 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. Z-91 3/96 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. Z-93 3/96 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) 3/9n 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 7/93 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. Z-100 7/93 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. Z-101 7/93 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: Z-102 7/93 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. Z-104 I i 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. Z-107 7/93 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. Z-110 i ,` 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. Z-111 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!_ ~~~ 1 ~~ s ~~ ,F. si `j,; :~f,~}; 1~ Z-112 . ~: :. ~~ / o i ~ ~ / ~, i'i ~ ,• ' , ~- ~ ` ~,~ A• GG / ~ --- . / ' i% -- ~~ ~ A•GG ~~ - ~ - ' ~~ v ,: ~4,~ J - - `~ ~ ._._ _ 1 l ` ~ ~ i~ ~ ~ ~ '~ ~ ~~ -- - f _ ;: ,/ i'f \,~ i ~ A• GG ~ _: ~ ,, __ __ ~ ,~ ~ ~ i ~ ~_ NOTES 1. S•FP shown See Official for details. .. ~ ~/ .~ _. i i~ v' ~~ ,~ ~ , ~ • ~~~ ~~ asp ~~-------.----~' ZONIN '' MAC Flood Map 8LA1~ , ~'~I C~~ SAjf'`~/'~ ~. +=or zones within ~- ~ ~ o see Zoning Map 1.