Article 08-801-ACH Agriculture Business & Commercial
ARTICLE 8 ACH AGRICULTURAL/BUSINESS AND COMMERCIAL 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 801 ACH AGRICULTURAL/HIGHWAY COMMERCIAL DISTRICT
801.01 INTENT: The ACH Agricultural/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 for controlled access to the highway is afforded for the convenience of patrons
traveling the highway. For the purposes of Section 77-1343 R.R.S. Neb. the predominant use for
this district is agricultural and horticultural uses.
801.02 PERMITTED PRINCIPAL USES AND STRUCTURES: The following shall be permitted
as uses by right except when located within 200 feet of any Residential District, in which case a
conditional use permit will be required to allow the following uses:
(1)Retail and Service which provide services or supply commodities primarily for the convenience
of patrons traveling on state highways and major county road entrances to the community
including:
Auditorium, exhibition hall, club
Auto and truck parts stores (retail only)
Athletic complexes and health centers
Barber, beauty, tanning, and manicure shops
Bars, cocktail lounges or nightclubs
Boat sales and services
Bowling alley
Bus depots and transit stations
Car and truck sales, both new and used, with full service and repairs
Car wash
Convenience stores with gasoline sales
Dry cleaning and laundry establishments
Feed, grain, and fertilizer sales
Furniture stores
Garden and lawn supplies stores, nurseries and greenhouses
Hotels and motels
Ice cream and confectionery stores
Lumber and building materials
Medical, Dental or Health Clinic
Offices
Plumbing and heating services
Recreational vehicle sales and service
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Rental and lease establishments, inside storage only
Restaurants, including drive-in restaurants
Sign Shops
Soda fountains
Theaters
Veterinary services and small animal hospitals
(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.
(5) Row crop agricultural production (planting, fertilizing, harvesting) or alfalfa / feed grass
production on parcels which have been regularly used for such production prior to January 1, 2011.
No parcel in this zoning district shall be switched to this Use from a different use. Parcels three (3)
acres or larger may continue with this Use and other Permitted or Excepted Uses with a minimum
separation of fifty (50) feet from any other Use.
801.03 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 shall be
permitted including the following:
(2) Offices and retail 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 A/CH
Highway Commercial District in accordance with ARTICLE 14 of this Ordinance.
(1) Automobile service stations
(2) Car and truck detailing shops; provided that no repair garage work is done
(3) Repair Garages
(4) Car and truck sales, both new and used, without full service and repairs
(5) Storage Units, Mini;
(6) Contract construction offices and services, when all materials are contained within the walls of
the building
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(7) Farm implement and farm machinery fabrication, sales and service, and farm equipment and
supplies, sales and service
(8) Mobile Home sales
(9) Amusement parks; carnivals, circuses, outdoor festivals and other transient amusement
enterprises; drive-in theaters; golf driving ranges; pony rings; skating rinks; and miniature golf
course;
(10) Churches and other religious institutions;
(11) Private clubs and lodges;
(12) Public buildings and grounds;
(13) Go-Cart race tracks.
(14) Overnight recreational vehicle parking areas limited to six spaces in conjunction with another
permitted use.
(15) Multi-family dwellings.
(16) Family day care home, group day care home, or day care center.
(17) Public Utility structures, services and facilities
(18) 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.
(19) Rental and lease establishments, outside storage; provided however, no rental or lease
establishments for construction equipment shall be allowed.
(20) Storage, Indoor and Outdoor: This use shall not be permitted on lots with highway frontage.
All outdoor storage areas which are located within one hundred feet (100’) of the right of way,
or within five hundred feet (500’) of a Federal Aid Primary or Federal Aid Secondary
designated street or highway, shall be hard surfaced with concrete, asphalt, recycled asphalt or
asphalt millings.
801.05 CONDITIONS FOR GRANTING EXCEPTIONS: The requirements of ARTICLE 14 of
this Ordinance shall apply as minimum requirements for granting exceptions in the A/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
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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 Governing Body 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.
801.06 PROHIBITED USES AND STRUCTURES: All other uses and structures which are not
specifically permitted or not permissible as exceptions shall be prohibited from the A/CH Highway
Commission District.
801.07 MINIMUM LOT REQUIREMENTS:
(1) The minimum lot areas shall be eight thousand (8,000) square feet.
(2) Driveways shall have a maximum grade of ten (10) percent. Driveways and curb cuts shall be
located not less than three (3) feet from the side lot line. Curb cuts for straight curbs and the
flare for rolled curbs shall be three (3) feet wider than the driveway pavement on each side.
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, 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. 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 five (5) feet except when abutting a R Residential District(s)
set back shall be ten (10) feet.
(3) Side yard: The minimum side yard five (5) feet except when abutting a R Residential District(s)
set back shall be ten (10) feet.
(4) 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 requirement 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.
(5) An additional set back requirement to all other minimum rear, side, and front yard requirements
for antennas and transmitting structures shall be a minimum set back requirement equal to the height
of said antenna or transmitting structure. Additionally 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
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premises other than lines exclusively serving the premises upon which the tower is located.
(6) YARD REQUIREMENTS FOR ACCESSORY BUILDINGS:
(A) 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 five (5) feet to the property line
and/or ten (10) feet from any other building, whichever is greater, providing it is located
between the rear building line of the principle building and the rear property line and no
building shall be located within any easement or right-of-way. If the accessory building
abuts any "R" Residential District(s), the side yard requirement increases to ten (10) feet.
(B)Front Yard - No accessory building shall be located between the front building line of the
principle building and the front property line.
(C) Rear Yard - Unless specifically permitted, no accessory building shall be located closer
than five (5) feet from the rear property line and/or within ten (10) feet of any other
building, whichever is greater, and no accessory building shall be located within any
easement or right-of-way along the rear property line. If the accessory building abuts
any "R" Residential District(s), the rear yard requirement increases to ten (10) feet.
801.085 ADDITIONAL SETBACK REQUIREMENTS – CREEKS/WATER COURSES: In
addition to any other minimum yard requirements, no structure shall be installed or constructed in
violation of Section 1110.5 of this Zoning Ordinance.
801.09 MAXIMUM LOT COVERAGE: No limitations.
801.10 MAXIMUM HEIGHT: No structure shall exceed forty-five (45) feet except an antenna or
transmitting structure or by approval of a conditional use permit..
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 premises.
801.13 CAR AND TRUCK SALES REQUIREMENTS: In addition to all other restrictions and
requirements as provided herein, all areas which are used for the sale or storage of vehicles and are
located within five hundred feet (500’) of a Federal Aid-Primary or Federal Aid-Secondary
designated street or highway shall be hard surfaced with concrete or asphalt. All lots shall provide
and maintain a minimum of ten percent (10%) of the front yard as a permeable, uncovered and
unused surface that contains grass, flowers, shrubs, trees or other living material.
801.14 SCREENING REQUIREMENTS. Screening pursuant to this section shall be required
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between the A/CH - Highway Commercial District and any residential district except when there is a
distance of not less than two hundred feet (200') from any residential structure in the residential
district and any building, parking area, or any other construction or improvement except landscaping
in the A/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 A/CH - Highway
Commercial District, and the value of the improvements listed on said building permit is equal to or
greater than 20% of the assessed valuation of the A/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 other living landscape which effectively provides a solid, dense, and
opaque mass, and shall be not less than six (6) feet in height or by planting vegetation which
shall reach a height of not less than six (6) feet within three (3) years.
(2)Landscaping – Required front and rear yards shall be landscaped. A landscaping plan shall be
submitted contemporaneously with the building permit application. The landscaping shall be
approved by the City Administrator.
(3) Said screening shall not be required where the A/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 greater than
five (5) feet from the set back requirement within the A/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 landscape is used for 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 A/CH - Highway Commercial District unless the business or use has
direct alley access from the business property without such break.
801.15 OFF-STREET PARKING: Off-street parking shall be hard surfaced in conformance with
the provisions of Section 204 of this Ordinance.
801.155 DRIVEWAYS: Driveways shall be paved as per section 303.01(51.5).
(END OF SECTION)
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